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Les diagrammes suivants illustrent la m^thode. f I 3 1 2 3 4 S 6 ^■v •■s«*-^i--^.m^ AP ui "»«i»i* A'tww»-< •■". >'-.v !()Qi.i»' y-.'-*^ <^<^--'';^': CANADA, ilcturn Uj an Address of the Honourable The House of Commons dated 5 March i839;~/or, * COPTES o» EXTRACTS •r DESP/\TCIIES SIR F. B. HEAD, Bart., K.C.H. «!« THi:: SUIUI^CT CANADA; WITH COPIES OR EXTRACTS I '■ UK TUB ANSWERS FROM THE SECRETARY OF STATE. Ordered, />y The Ilouso of Con.inoi.s, to be Printed, III. No. No. No. No. No. No. No. No. No. : US'. *!V;*.v»;'-,3««k,»,r <••»/.«•. ^.ivf"-'"^'ypss»w»itti*.s 1 iii 3 1^1 SCHEDULE, From Loud Glexelg, 1. No. No. No. No. No. No. No. No. 8.- No. n.- No. 10.- No. 1 1 .- No. 12.- No. 13.- No. 14.- No. 15.- No. if).- No. 17.- No. 18.- No. 19.- No. 20.- No. 21.- No. 22.- No. 23.- No. 24.- No. 25.- No. 26.- No. 27.- No. 28.- No. 29- No. 30.- , — 5 December 1835 , — 30 December 1835 — 2 February 1836 — 22 March 1836 .— 22 March 1836 -30 March 1836 -31 May 1836 ♦ -13 June 1836 • -14 June 1836 * -25 July 1836 . -25 July 1836 - -25 July i83() . -25 July 1836 - -25 July 1836 - -30 July 183G « -20 August 183O -24 August i83fi -(') September iH3() -8 September 1 83(5 -12 .September i83() -22 Sejitember i83() -30 September 1836 -4 October 1H36 -31 October 1836 -31 October 1H3G -29 November 1 83G -29 November 183O -3 January 1837 ■4 January 1837 -6 January 1837 3 i.> lb. lb. •7 19 20 ib. 21 22 26 ib. 27 ib. ib. 44 45 lb. 48 .■.1 ■ 3fi • 117 No. 38.- -23 November 1 83G a 357 No. 2.- —r, February 18 3O * 120 No. 39.- — 14 December 1836 « 358 No. 3- — 15 February I 83(5 • 123 No. 40.- —30 December 183G * ib. No. A-- ~i,j February 1 83G » 137 N0.41. — 13 January 1837 • 362 No. ;V — 23 February 1 83G - 138 No. 42. —4 February 1837 • 363 No. f).- —29 February 1 836 ♦ 142 No. 43.- —4 February 1837 - 36G No. 7-- —21 March 1836 <• »f)> No. 44- — G February 1837 - 376 No. 8. -() April 183(1 - - 161 No. 45. —4 March 1837 - - 381 No. 9-- —21 April 183G - - »75 No. 4G. —4 March 1837 - • 382 No. in.- -27 April 183G - - 2G9 No. 47. — ,-, April 1837 .. « 3S9 No. 1 1.- -28 April 1836 - « 275 No. 48. --30 May 1837 ♦ •« 394 No. 12- -4 May 183G « - 277 No. 49. —26 June 1837 - » ib. No. 13-- -8 May 183G - - 281 No. .r,0.- —12 July 1837 - « 395 No. 14.- -8 May 183G - - ib. N0.5I. —20 July 1837 . » 403 No. 15-- -n May 183G - - 282 No. 52.- —29 August 1837 «i 404 No. iG.- —14 May 1836 - - 289 No. 53- — 10 September 1837 - 407 No. '7-- -iG May 183G - - ib. No. 54.. — 1 1 September 1837 - 421 No. 18.- -19 May 183G - - 291 No. 55.- — 15 September 1837 1» 422 No. •f)-- -28 May 1836 - 293 No. 56.- —22 September 1837 . 42G No. '20.- -oH May 183G - - ^95 Wo. 57.- —27 September 1837 - 427 No. 21.- —30 May 1836 - - 29G No, .58. — 29 Scptuiiiber 1837 - 428 No. 22.- — 1 June 183G - « 3>9 No. 59.- —3 November 1 837 - - ib. No. 23.- —22 June 1836 - - 321 No. Gc- -18 November 1837 - « 430 No. 24.- -8 July :83G • 322 No. Gi.- — 19 December 1837 » r 435 No. 2.0-- — iG July 183G ♦ - 323 No. G2.- —28 December 1 837 - - 439 No. 2G.- —23 July 1836 - - 324 No. 63.- —22 January 1838 - - 453 No. 27.- — z7 July 1836 - - 326 No. G4. —23 January 1838 - - 457 No. 28.- -29 July 183G - - 331 No. G,-,. — 2G January 1838 - - 45« No. 29.- —30 July 1836 - - 333 No. GG.- —30 January 1838 - - 465 No. :V3- —20 Aui^ust 183G - 334 No. ()7. — }) February 1838 •• - ib. No. 3»-- — 12 ticpteinber 183G - 335 No. G8.- —21 February 1838 - - 470 No. ^2.- —28 September 183G - 343 No. G9.- -G March 1838 - - - ib. No. 33-- -8 October 183G ■• ib. No. 70.- -G March 1838 - - - 476 No. 34- — 13 October 183G - ib. No. 71.- -14 March 1838 . - ib. No. 30- -28 October 1836 - 345 No. 72.- -17 March 1838 - - 477 No. 3'i- — 7 November 1 S3fi - 351 No. 73. —20 March 1838 - - 478 No. 37- — G UovPmber 1 83G - 353 m In 357 368 lb. 362 363 36G 376 3S« 3S2 389 394 ib. 395 403 404 407 421 422 42G 427 428 ib. 430 435 439 453 457 458 4('5 ib. 470 ib. 476 ib. 477 478 From Lord Glenelg, (i''.) A .■*9."--^ SCHEDULE. From Loud Glenelg. No, No. X'o. No. No. No. No. 1. 2.. 3. 4. 5. 6.. !.■ No. 8. No. 9. No. 10. No. 1 1 .. No. 12.. No. J3.- No. 1-1. No. ir... No. k;.. No. 17.- No. 18.- No. 10.- Nn. 20.- No. 21.- No, 22,. No. 23,- N...21,- No, 2:.- No. r-i.- No. 27.- — .1 December 1835 30 December 1635 —2 February 1 836 . —22 Marcl. 1S3() 22 Miirch 1S36 •30 Marcli 183C . •31 May 1S3G — 13 June 183() • -14 June i83(i -2.iJulyl8d6 ■2.'> July 1 83(; . -2j July 1830 -2r> July 1^30 -2:) July 183(i •30 July 1836 •20 August 1830 ■24 August 1830 ■G Scpteniber 183C •8 September 1 830 -12 .September 1830 -22 September 1830 •30 September 1830 ■4 October .830 ■31 October 1830 31 October 1830 . •29 November 1830 •2!) November 1830 No. 28.— 3 J nnu iry 183/ No. 29 4 January 1 837 No. 30.— January 1837 3 15 ib. ib. 17 19 20 ib. 21 22 20 ib. 27 ib. ib. 30 44 45 ib. 48 51 .'i9 67 08 71 74 75 76 ib. n No. 31. —26 January 1837 No. 32. —27 January 1837 No. 33. —28 January 1837 No. 34. —31 January 1837 No. 35. —20 February 1837 No. 30. —2 March 1837 No. 37. —27 March 1837 No. 38. —5 April 1837 No. 39. —17 April 1837 No. 40. —17 April 1837 No. 41. —20 April 1837 No. 42, -20 April 1837 . No. 43. -14 July 1837 . No. 44. -23 July 1837 No. 45. -29 July 1837 - No. 40.- —20 August 1837 No.47.- —7 September 1837 No. 48.- -4 October 1837 No. 49.- -20 October 1837 No. 50.- -8 November 1837 No.51. ~24 November 1837 No. .-,2.- -30 December 1837 No. 53.- -30 December 18.J7 No. 54.- —30 January 1838 No. 55.- -10 March 1838 No. 50.- -17 March 1838 No. 57.- -20 April 1838 No. 58.— 25 April 1838 No. 59,-25 April IS.-iS No.OO.— 29 July 1838 I 78 79 ib. 80 ib. ib. 82 ib. 80 ib. ib. 87 ib. 91 ib. 92 ib. 91 95 96 ib. 107 108 ii'. 109 ib. 110 ib. 112 ib. \ CANADA. I Copies of or Extkacts from Despatches on the Subject of Canada, From Lord Glenelg. No. I. Copy of a Despatch from Lord Glenelg to Sir F. B. Head, k.c.h. Sir, Downing Street, 5th December 1^35. I HAVE the Honour licrewitli to transmit to you a Commission imder His I\Iaic'sty's Sij;ii Manual appointing you Lieutenant Governor of tlie Province of Cpjier Canada. You liave been selected for this Office at an Era of more Difficulty and Im- jiortanee than any which has hitherto occurred in the History ol' that Part of His Majesty's Dominions. The Expression of Confidence in your Discretion and Ability which the Choice itself implies would only be weakened by any more f()rmal Assurance which I could convey to you. In the following Instructions I shall ])resu])pose j'our Knowledge of many Occurrences, the correct Underbtanding of which is essential to the Discharge of the Duties to which you are called, but which it is unnecessary for me to recapitidafe. As, however, a more exact Acquiiintaiice with Canadian Affairs is indispensable tc)r your (iuidance in the Administration of the (iovernment of L'p])er Canada, I think it right to refer you to tliose Sources of Int()nnation on which you will be able most safely to rely. Amongst these the first Place is due to the Journals of the Legislative Council and of the House ofCJeuerai Assembly. The Appendices sul)it)ineil to the anmial Nununary of tiu' Pro- ceedings of tlie Two Houses contain a Fund of Intormaiion on almost every To])ic connected with the Statistics and jjolitical Interests of the Province; and to those Ive])orts you will be able to resort with far greater Confidence than to any other Source of similar Intelligence. The Report of the Connnittee of the House of Commons of the Year IS'28, witli ihe Evidence, oral and documentary, to which it refers, will also throw much Light on tlie Progress and the actual State of the Questions agitated in the Upper Province. Tlie Corrcspondeiice ot my Predecessors and myself, willi the Officers who have successively administered the Provincial Government, will of course engage your carefid Attention. In Upper Canada, as in all Countries which enjoy the lilessing of a lice Constitution, and of a Legislature comi)osed in pari of the Uepresentatixes of the People, the Discussion of public Grievances, whether real or supijosed, lias always been conducted with an Earnestness and Freedom of Incpiiry, of whicli, even when occasionally carried to Exaggeration, no reasonable Complaint can be made. The Representatives of the Canadiim Pcojjle, if de])arting ;it 'i'iines fiom the measured Style and exact Terms in wiiich the Invesligatiou of' Truth in;iy perhaps be most successfully conducted, have yet, even in the Agitation of Questions the most deeply affecting the Interests of their Constituents, ex- hibited a studious Respect for the Person and Aulhoiity of their Sovereign, and a /ealotis Attachment to the Principles of their balanced Constitution. Until the last Session of the Provincial Parliament the Uemonstranccs of the House were chiefly contined to insulated To])ics of Complaint : Discussions indeed (11.) A '^ occasionally Nf. 1. L. rd<. fllL' K to «ir V. W III nd tl Dlc If- >'i DESPATCHES FROM LOUD GLENLLG No. I. I.it.l (iltiiely Sirl'. H. Head. 5lli I)n . IH.S5. occasionally arose, and Discontent was occasionally inanitL-stctl ; but it may lie artiinietl, that generally there subsisted a Spirit of aniiciiblc Co-operation between the Executive (lovernnient anil the Lej^islature. The Cession by His Majesty of the Revenues raised under the Statute It (leo. M. c. 88. to the Ai)propriation of the House of Assembly was a j^ra- tuitous and unsolicited Act, and was accepted by that Body in a Sj)irit of ifraletid Cordiality. I will not pause to recapitulate the Events which innuediately preceded, if they did not produce the Interruption of this mutual jfood Cnderstanding. It is sutKcient fi)r my present Object to observe that the llelatious which had formerly subsisted between the Executive (lovernment and the Representatives of the People underwent an entire Chanjj;e innuediately after the Elections wiiicb took place in the Autunm of 18"3l. The Supporters of the local Go- vernment now tor the first Time (buml themselves in a const:. nt Minority on every Question controverted between them and their political Antagonists. A (.'.muTiittee of (irievauces was appointed, by which a Report was made impugn- iuii the Administration of Aflliirs in every Department of the I'ublie Service, and calling fiir Remedial Measures of such Magnitude and Variety as a))])arently to embrace every conceivable Topic of Complaint. Having ailopted this Report, and having directed its l'id)lication in an unusual Form, tlie House transmitted through the Lieutenant («()\ernor to the King an Aildress, in which some ol the more consiilerai)le of the Claims of the Committee were urged in I'erms of no conniion Emi)hasi,s. It will be your first Duty on the Assumj)tion of the (iovernmeut to convey to the House the Answer wliicli His Majoty has been advised to return to these Represeulations. I cannot proceed to explain the lerms of that Answer without the preliminary Remark with a view to which the preceding Statement has been chietly made. Whatever may bo the .lustice of the Complaints now ])referred respecting the general Piii"'iples on which the pui)lic Ailairs of tiie I'roviuce have been con- ducted, the Representatives of tiie Peojile of Up])er Canada are at least not entitled to im|)ute to the confidential .\dvisers of the King any Disregard of their Remonstrances. The greater Part of the tirievauees iletaileil by the Conunittee and the House are now for the first Time brought by them under His Majesty's Notice. My Predecessor the Earl of Ripon, in his l)e>])atch of the Stii of Novend)cr 1S3J to Sir .John Colborne, was connuanded by the King to state, that "there was no Class of the Canadian People, nor any Iniiividuai amongst them, to whose Petitions His Majesty did not require that the most exact and rcsjiectful Attention should be given." His Majesty has never ceased to be actuated by the Spirit wiiicli dictated those Instructions, and of course will not deny to the House oi'Cieneral Assembly tiiat careful ln\esliga- tion of the (irounds of their Comjilaints, which He graciously pledged himself to bestow on tiie Rei)resentation of any individual Petitioner. I feel myself tMeretore entitled, on behalf of His Majesty's (iovernmeut, to object to any Resort on the Part of the House to that ulteriilr Mt'asure to which they aliude, but which they will feel wiiii me is to be justificil only by an extreme Emergency. I now proceed to the Consideration of the various Tcpics eudjraeed in the Seventh Report of the Conunittee of (irievauces, ami in tlie Addresses of the Two Houses to His Majesty ; and I shall advert to them in the Drtler in which (hey are pursued in the Report itself. In the fiillowing Pages, if any Sid)ject should a)>pear to be passed over without due Regard, you will uiider>taud that I have at least been guilty of no intentional (Jmissiou, but have, in obedience to His Majesty's Conunands, made it my Endeavoiu" to meet every (Question wliich the Committee and the House have thought it necessary or proper to raise. 1. It is statetl tiiat " the almost unliiuiteil Extent of the Patronage of the Crown, or rather of the Colonial Minister f()r the Time being, and his Advisers here, together with the Abuse of that Patronage, are the chief Sources of Colonial Discontent. Such (it is aildeil) is tlie Patronage of the Colonial Office, that the granting or withholding of Supplies is of no jiolitical Impor- tance, unless as an Iiulication of the Oj)iniou of the Country concerning the Character of the (jovenmient, which is conducted on a .System that admits its Oflicers to take and apply the Funds of the Colonists without any legislative Vote whatever." The Committee then proceed to an Enumeration of the various ON THE SUIUECT OF CANADA. A 1 of viiig iiliial most •vtr 1 of iga- iisclf IVSflf tliey cnic tlu- thf • in the i>crs -H of oiiial IJX)!- thf .s its itive the lOllS I various ])iiblic Offices ami tlie (hffcreiit I)e|)artmcnts and Branches of the j)iiblic Service, over wiiich this Patronage is said to extend ; and by bringing the whole into one View they suggest what must be the Amount of tiie Autliority and Influence accruhig to the Executive Government from these Sources. The Statement is substantially this: that the Number of public Offices in the Colony is too great, and that tlie Patronage, instead of being vested, as at present, in tlie Cr )wn, and the local UepresenUitive of the Crown, shoulil be transferred to otlu-r Hands. In the long '.^numeration of Places at the Disposal of the Kxecutive Government in Ujjper Canada the Committee have not adverted to one Consideration to which I think that great Prominence might justly bo assigneil. It is perfectly true, as it is quite inevitable, that in Up])er Canada, as in other new ('oimtries, the Number of public Kmi)loyments is and will he tar larger in proj)ortion than in older and more densely-peopled States. 'I'lie general Machinery of (iovernment must be the same in a scanty as in a large and redundant Population ; corresjKmding Departments of I lie jmblic Service, whether legislative, judicial, or administrative, must exist in both. And in a new Country, besides, there will be some Kstablishmeiits fiir which in the settled States of Europe no Counterpart can be tlxiiid ; such, iiir example, are all which relate to the Allocation, surveying, and granting of wild Laiuls. Nor is it to 1)0 forgotten, that in the early Stages of such a Society many Duties de\olve upon the (jovernment which at a more advanced Perioil are undertiiken by the better educateil and wealthier Classes as an honourable Occupation of their leisure Time. Thus in the Canadas, altliougli the mer Text of the Law would there, as in i'.ngland, authorize any Alan to jneter and jiroseciite an Indictment in His Majesty's Name, \et virtually and in substance the Prosecution of all Olfeiices is contiiled to the GoverniuiMit or its Officers. These Causes have inevitably tended to swell the Amount of the Patronage of the Provincial Cjoveniment, without sujiposing any peculiar Aviditv on their Part tiir the Exercise of such Power. Witfi respect to the Patronage of the recpiisite Offices, His Majesty's Government are not solicitous to retain more in their own Hands or in those of the (lovernor than is necessary liir the general Welfare of the Peojiie and the right Conduct of jmblic Affairs. I confess myself, however, unable to perceive to whom the Choice amongst Candidates for public Employment could with e(pial Safety be confided. It requires but little Eoresight or Experience to discover that such Patronage, if exercised in any Form of popular Election, or if committed to any popular Hody, would be lialilo to be employed i'ov Purposes fiir less defensil)le, and in a Manner less coiulucive to the general (Jood. Chosen by irresponsible Patrons, the public Officers woulil themselves bo virtually exempt from Kesponsibiiity ; and all the Discijiline aiul Subordination which should connect together in one unbroken Chain tlie King and his Ilepresentative in the Province, down to the lowest Functionary to whom any Portion of the Powers of the State may be coiifideil, would be immediately broken. I conclude, therefiire, that as in such a Country as Canada there must exist a Number of jmblic Officers, large in projiortion to the present Number and Wealth of the Inhabitants, so the Selection of them must, for the most jiart, be entrusteil to the Head of the local Government. I disclaim, however, on the Part, of the Ministers of the Crown, every Wisli to urge these general Princij)les beyond their just and necessary Limits. There are Cases in which I think, according to the Analogy of similar Cases in this Countiy, the Patronage now .said to be exercised by the Lieutenant Governor might with jierfect Safety and Propriety be transferred to others. On this Subject, however, it will be more convenient to state the general Princijilo than to attemjit tlie sjiecific and detailed Application of it at this Distance fioni the Scene of Action. That Principle is, to maintain entire, by the Nomination and Removal of jmblic Officers, that System of Subordination which should connect the Head of the (iovernment with every Person through whoso Instrumentality he is to exercise the various delegated Prerogatives of the Crown. What is necessary for this End must be retained ; whatever Patronage is unnecessary for the Main- tenance of this Princijile should be frankly and at once abandoned. (41.) A 3' It No. I. I" Mr F. ». Fvn.l. ;"itli Dec. IK.ii. ^Il > Ih •«^ DESPATCHES FROM LORD GLENELG No. 1. Lord Gleiielg to Sir F, H. Head. Jtli Dec 1 83.'). It is noticed in the Rcjjort, as an Aggravation of the Evils of the Govern- ment Patronage, that almost every public Officer holds his Place at the Pleasure of the Crown. I cannot disguise my Opinion, that the public Good would be little advanced if the subordinate Functionaries held their Places upon a more certain Tenure. In Practice, indeed, tliough subject to certain Exceptions to be hereafter noticed, no public Officer is in Danger of losing his Employment, except for Misconduct or Incompetency ; but there are many Kinus of Mis- conduct and Incompetency which could never be mad( the Subject of judicial Investigation, but which yet would be destructive of the Usefulness of a public Officer, and ought therefore to be followed by a Dismissal from the public Service. Nor is it necessary to insist at any Length on the Evils which would arise in the Transaction ot Ikisiness, if the iubordinate Officers were aware that they were entirely independent of the good Oninion of their Superiors for Continuance in their Employments. It is not difficult to show, in reference to any conceivable Arrangement on the Subject of Patronage, that there will be Dangers against which it is im- possible to take Jin absolute and perfect Security. I know not, however, that any less cxcei)tionable Scheme could be devised than that which at present prevails, of giviug to the Head of tlie local Govenmient the Choice of the subordinate Officers, and of making their Places dependent on His Majesty's Pleasure. To j:revent, howevri , as far as may be possible, the Continuance of any well-founded Cjtround of Complaint on this Head, His Majesty, disclaiming lor himscif" and lor his Representative in tlie Province all Desire to exercise, with the view meiely to I'atronagc, the Power of apjioinling public Officers, is pleased to proscribe for yoiu- Guidance the ibllowing Rules: — First. You will, at the earliest Oijjiortunity, enter into a diligent Review of the Offices in the Ai)pointment of the Crown and of the local Government, as detailed in the Report of liie Committee and the Appendix, witli a view to ascert;'in to what Extent they may, without impairing the Efficiency of the public Service, be reduced iinmediateiy ami prospectively. You will report to me the Result of your Investigation, with such i)articular Information as will enable His Majesty's Government to decide in each Case on the Expediency of adopting your Reconmiemlation. Secondly. If, during the Rc^feronce of that Re])ort to mc, any Occasion occur for the Reduction of Offices, either by Abolition or by Consolidation, you will exercise your own Discretion as to waiting for fresh Instructions, or proceeding at once to tlie Redaction. Any A])pointmeiit, however, made under such Circumstances will be meiely provisional. In case of the immediate Abolition of any Office not re(iuired f()r the effic""nt Discharge of the public Service, you will stipulate t()r such a Comi)ensai„/n to the present Holders as the Disai)pointment of their reasonable Expectations may entitle them to receive. Tiiirdiy. In the prescribed Revision of these Offices you will make it one of yoiu' Objects to Ibini a Judgnient, what Sliare of the Patronage of the Crown or the local (Jovermnent may safely and wisely be transfered to other Hands. You will rejiort [o me on this Subject, but will refrain from taking any Steps regarding it without further Instructions tiom me. Fourthly, In the Selection of Persons to execute public Trusts, you will be guided exclusively by the Comparison of the Claims which the diiferent Candidates may derive from jjast Services or fiom personal Qualifications. Fifthly. In general, you will not select for any public Emjiloyment in Upj)er Canada any Person who is not either a Native or a settled Inhabilanf of the Province. To tliis general Rule occasional Exceptions maybe admitted; as in Cases where some peculiar Art or Science is demanded wiiich no provincial Candidate may be found fo possess in the retiuisite Degree. An Kxcepticm nnist also be made in reic'rence to those Officers who are inunediately attached to your own Person, in the Choice of whom His Majesty does not think it right to subject you to any such Restriction. Sixthly. As often as any Office shall be vacant which is not to be suppressed, and which the annual Emolument shall exceed UOOl,, you will make the Appuintment provisional only, and with the distinct Intimation to the Party 6 elected elected i Majesty signify t proceed( should h to make not till t that in Proof of for no c prevent exclusive 2. Pui Subject have ain alleged t that "th the Hous no Benef On tht is, howev the local Investiga have tlie founded r (juestion f may be il Question l^ected Di the Inter itself. "^ which tlu regarding of the Pu this Sou re 3. Und very coj)i(: Ui)per Cai Ser\ices ri. as to tlie y, of this Nat will, I thi nected wii There of His m Service am cheerfiil A to ])ublic minute an This wonl be proper an Act of yet imderg entitled to up under ; upon pern Result of : Nature to imnoitant ; In dealii well disp()s( ment fbi public Moi Incomes w tl ON THE SUBJECT OF CANADA. )ccasioii litliitioii, oils, or matlc mediate pul)lic lulilers lem to one of ("lOWU laiulfs. Steps will be ilferont Upi)er of the ted ; as ovinciai ;ce])ti()n lUaelied it right iressed, lUe the Party elected elected that his Confirmation will depend entirely on the Estimate whicli Jlis Majesty may form of his Pretensions ; and ^ou will on every such Occasio.i signify to me, for His Majesty's Information, the Grounds on which you have proceeded, and the Motives which have directed your Choice. If His Majesty should be pleased to issue, under his Sign Manual, a Warrant authorizing you to make a Grant of the Office under the Public Seal of the Province, then, and not till then, the Appointment niiir;t be considered as finally ratified. I trust that in tliese Regulations the mse of Assembly will perceive a sufficient Proof of His Majesty's settled 1 ^uposeto exercise this Branch of his Prerogative for no other End than the general Good of his Canadian Subjects, and to prevent its being converted into an Instrument of promoting any narrow, exclusive, or potty Designs. 2. Pursuing the Order observed by the Committee, I pass on to the Subject of the Provincial Post Office. Adverting to tlie Measures which have already been taken for the Redress of the Grievances which have been alleged to exist in the Conduct of this Department, the Committee observe, that •' the Eorin of a Law such as the Government would approve is before the House ; but its Provisions (they add) are so inapj)licable and absurd that no Benefit could be derived from their Enactment." On the Measure thus characterised I am not called to give an Opinion. It is, however, but fair to those by whom it was recommended to the Adoption of the local Legislature to observe, tiuit it liad previously undergone a most careful Investigation by the Postmaster tieneral. His Majesty's Government cannot have the sliglitest Wish to urge the Adoption of any Pleasure to which well- founded and suflicient Objections may exist ; they are content that the Bill in question should be withdrawn, to make way for any other which the Assembly may be disposed to substitute for it. Perhaps, however, on approaching the Question more closely the Assembly may find it encumbered with iinex- ])ected Diiiicullies. 1 fear that this will be the Case, especially in reference to the Intercourse by Post with all Places beyond the Limits of the Province itself. You will, however, assent to any jiulicJous and practicable Scheme which the House may incorporate in any Bill tendered fi)r your Acceptance; regarding as of no A^'eig•l■lt whatever, when opposed to the general Convenience of the Public, any Coiisidenitious of Patronage or of Revenue derivable from this Source. 3. Under the Head of Salaries and Fees the Committee have entered into very copious Statements to show that the Kmolumeiits of the publie Officers in Upper Canada are excessive, and out of all just i'roportion to the Val-.ie of the Services rendered. It is unnecessary fi)rme to enter into these Details, because, as to the general Principles on which it will be your Duty to act on Questions of this Nature, there can be no Room li)r Controvers\ . Indeed, those Principles will, I think, be most convenienlly considered when divested of Topics eon- iiected with the Interests and the Services of particular Persons. There is no Measure of Retreiichmeiit compatible wifh the just Claims of His Majesty's various Officers, and with the eiiicieiit Discharge of the jniblic Service and Duty, to which the King is not disposed to give a prompt and cheeifiil Assent. To determine what ought to be the Scale of Romuneratiou to ])iiblic Eunctionarics of dilferent Classes would re([uire Iiilbrmalion too minute and exact to be obtained beyond the Limits of the Province itself. This would appear a very fit Subject tor a special Inquiry, in which it might be proper to employ Commissioners, to be appointed under the Authority of an Act of the Assembly. I have reason to supjiose that the Subject has never yet undergone a full and fiiir Investigation ; and therefore I do not feel myself entitled to assume the Non-existence of those Abuses which so reailily grow iq) under a System which is not subjected to a careful Scrutiny, conducted upon permanent and enlightened Views of ])ublie Economy. Even if the Result of the Examination should be only to show that there is no Evil of this Nature to be remedied, the Labour would be amply repaid, by placing so important a I'act beyond the Reach of all reasonable Suspicion. In dealing with existhig Interests the local Legislature will, 1 doubt not, be well disposed fo adopt the Rules which have been unitbrmly taken by Parlia- ment lor the (luidance of their Discretion in similar Cases. The Saving of public Money which could arise fiom the unexpected Reduction of official Incomes would not only subject numerous Euniilies to <^xtrenic Distress, but C'H.) A l by No. !. Lord Glenel^ to Sir F. B. He.ul. 5tli Dec. I8,sr.. k Nil. 1. Lord .ilenulg to Sir F. H. Head, Jih Dec. 183:). 1,1 8 DESPATCHES FROM LORD GLENELG by impairing general Confidence in the public Credit, would weaken the Foun- dations on whicli all proprietary Rights must ultimately repose. Tlie King confidently relies on his faithful Subjects of Upper Canada that they will not reduce His Majesty to the distressing Alternative of either aban- doning the just Interests of any of his Servants, or opposing himself to Measures having for their Object tlie Reduction of public Expenditure. 4. Next in the (jriler of Complaints is that which relates to the Amount of tlie Pension List. On this, as on tlie Subject wiiich I have last noticed, I con- ceive that I siiall better discharge my Duty by attempting to provide against any future Abuse tlian by engaging in a minute Retrospect )f any wiiich may have already occuned. 1 will not even pause on the Comparison, not perhaps very accurately or necessarily instituted, between the Conduct of the Central Government of the United States of America, and tliat wiiich has been pursued in one of tlie Provinces of the British Empire, respecting the Remuncrat.'>n of Officere tor jiast Services. Such Pensions as have already been charged upon the Revenues which were at the Disposal of the Crown constitute a Debt to the Payment of which His Majesty's Honour is pledged, nor need I state that there is no Consideration so powerful as to induce the King to assent to the Violation of any Engagement lawfully and advisedly entered into by Himself or by any of His Royal Predecessors. On the other hand, His Majesty is content that the most effectual Security should be taken against any improvident Increase of the Pension List by any tuture Ci rants, and is willing that a Limit should o fixed by Law to any Charge whicli may hereaft'T be imposed upon the provincial Revenues on this Account. I do not anticipate that the Assembly of Upper Canada would wish to with- hold from the King the Means of rewarding faithful and zealous public Services, or would think it desirable that no Provision shall ever be made by His Majesty to solace the declining Years of those who have consumed in laborious public Duties in the Colony the larger Portion of their Lives. You will therefore assent to any Law which may be tendered for your Acceptance, of which the Object shall be to regulate, on a just and reasonable Scale, the Amount of the future Pension List of Upper Canada, and to prescribe the Principles upon which any Pensions shall be granted. 5. I proceed to tlie Subject of the Provision made for Ecclesiastical Estab- lishments, and for the Maintenance of tlie Teachers of Religion of various Denominations. On this Head the House of Assembly maintain Opinions from which, in their Address to His Majesty of the lc3th April, the Legislative Council have recorded their most entire and earnest Dissent. The Report states, that " the House of Assembly in several successive Parliaments has expressed its entire Disappro- bation of the Conduct of the Government in attempting to u|iliold ]»articular Religious Sects by Money Grants, and in the lOtli and lltli Parliaments has ('eclared, that it recognizes no jiarticular Denomination as established in Upper Canada, with exclusive Claims, Powers, or Privileges." It appears that the Four Religious (.Communities whose Funds are aiiled by Giants tiHmi the Ilereilitary and Territorial Revenue are those of the Churciies of England, and Scotland, ami Rome, and of the Wesleyan Methodist Society; the last being in Two Divisions, which resjiectively take the distinct Appel- lation of the "Canadian" and ; <- " IJritish." Ill the last Session of the I'rovinciai Parliament a Bill was passed by the Assembly, the Object of which was to enable certain Commissioners to sell the Lands which, under the Constitutional Act of lyiH, had been appropriated in Upper Canada to the Maintenance of a Protestant Clergv, and to pay over the Proceeils to the Receiver General, to be disposed t)f, under the future Direction of the Legislature, for the Promotion of Education, and for no other Purpose whatever. This Bill was rejected by the Legislative Council on the Grounds noticed in the Addre.-' i'roni that Body to His Maji sty, and in a Report from a Select Committee appointed by them to taketli' Bill into Consideration, which Report is enclosed in Sir .lohn Colborne's Despatch of the 'JUtli May, No. 20. Your i'redecessor and the Council agree in the Opinion, that it is vain to expect the Coiiciirreiice of the Two Branches of the local Legislature in any Adjustment of this Question, and they therefore invoke the Interposition of , - Parliament ; Parliamen with equal Tiie chi is, wlietlu Assumptic these Lan( conclusive First. P cern, in general Ri for extrem ception. But imp yet I cam a.s would Settlement Houses up Danger to the ordina not such Discussion, seldom siig Surrender ( ences wliicl Prospect oi distinctly e have arrivec position ; ii tional Ol)je( The Sec( His Majest; the Autlion Subjects in as falling wi Legislature, depend, in Acquiescent It is not ( to connect Delegation any Bill wh should be c( that Decisic Source of t large Part c Precision w on this Sub niidll Die. 183.". of the Executive Govenifiient, and woukl have a Right of inspecting the Records of all public Oflices to such an Extent as would leave His Majesty's Representative, and all other ])ublic Functionaries, little more than a dependent and subordinate Authority. Further, such Officers would be virtually irrcspon- sible and independent. On this Subject, however. His Majesty commands me to state, that there is no Information connected with the Receipt and Expenditure of any Part of the Revenue of Upper Canada which he wishes to withhold from tiie Repre- sentatives of the Canadian People. You will, immediately on yotu' Arrival in the Province, apprise the Heads of every ])ublic Department by which any such Funds are received or administered tiiat they must constantly keep in Preparation, to be produced to the Assembly, in compliance with any Addresses wliich may be presented 'o you by that House, Copies and Abstracts of all Public Accounts ; and yo.i will consider in what Form these can be drawn up, so as to exhibit ail material Information in the most complete and kuninous Manner. It will perhaps be possible to concert v/ith the House bef()re-hand some System for prepari'ig such Returns ; and as often as they may ])resent to you Addresses for such Information you will promptly accede to their Wishes, except in the extreme Case, which it is difficult to suj)pose, of any Demand of that Nature being made in such a Form that the Compliance with it would endanger some great public Interest. 1 1 . The Report then passes to the Consideration of Cases in which your Predecessor is charged with having faileil to show Respect, even in subordinate blatters, to the Wishes of the House of Assembly. I will not encumber this Conununication by entering into a Review of the particular Transactions noticed by the Committee in ilkistration of this Com- plaint ; I am not, indeed, sufficiently in possession of the Facts to enable me to do so ; nor do I think it convenient to combine a personal Discussion with a general Statement of the Principles by which your Conduct is to be governed. The only general Direction that I have to give you on this Subject is, that you will always receive the Addresses of the Assembly with the most studious Attention and Cointesy. As far as may be consistent with your Duty to the King, you will accede to their W^ishes cheerfully and frankly. Should that Duty ever comj)el you to differ from their Opinion, or to decline Conij)liance with their Desires, you will explain in the most direct and of course in the most cor uliatory Terms the Grounds of yoiu' Conduct. 12. The next Topic of Complaint is, that many of the Recommendations contained in Lord Ripon's Despatch of the 8th November 18.'J'2 have not been carried into effect. Amongst these are especially mentioned such as relate to llie Amendment of the Election Laws, the Non-interference of His Majesty's Officers at Elections, the Disclosure to the House of the Receipt and Ex])endi- ture of the Crown Revenue, the Exclusion of Ministers of Religion from the I-cgislative and Executive Councils, the reducing the Costs of Elections, the judicial Indepeiulence, and the Limitation of the Number of public Officers wlio may sit in the Assembly. Adhering, without Reserve or Qualification, to all the Instructions issued under His iVIajesty's Connnands by Lord Ripon, tiie King is pleased to direct tiiat you do adopt that Despatch as a Rule for tlie Guidance ot your own Con- duct, and that you exert yoiu' legitimate Authority and Influence to the utmost possible Extent to carry into eilect all such of his Lordship's Suggestions as may still cor'^inue unfulfilled. 13. The Seleciion of Justices of the Peace is said to " have been made chiefly from Persons of a peculiar Bias in Politics, and to be the Means of extending the Power and Influence of the Colonial System." It is not in my Power to verity the Accuracy of' this Opinion ; and 1 am happy to feel myself relieved from the Necessity of such an Investigation. If any such Abuse exists it cannot be too promptly or decisively remedied. Whenever any In- crease of the Number may appear to you desirable you will pro])ose to any (Jeiitleman in Ujjper Canada possessing the necessary Qualifications of Know- ledge, Property, anil Character, and unipiestionable Fidelity to the Sovereign, the Assumption of the Office of a Justice of the Peace, without reference to any political Considerations. 11'. A very considerable Part of the Report is devoted to the Statement and Illustration of the Fact, that the Executive Government of Upper Canada is virtually virtually irr under the Administra Without general Pri other hand. Occasion, t jniblic Affai Responsibili Canada is at Responsibil Interest in a patient ai address to proved not in tliis Offic( the Imj)erial sentatit)ns o: Committees liLst few Yea It is the 1 tlie King an any Represe official Conil struction ; I Rehalf will real Facts of This Resp am bo impos House of A Operation. I further i bility should Reason, if fc on His Maje Department whether that Office into } with Safety ( various Mem inferior Mer great litigate Privilege. 1 tliey will bi directed to ]) Some of 1 Representati lative Counc with Fidelit) uj)oti a large them to adv; Sense of Dut nient, it nui^ Office is expi general Rule be impossibk Insincerity, c sary Firnmes I need liar Resignation ( official Super] more than ( Majesty's De (•11.) ON THE SUBJECT OF CANADA. Id 'cting the Majesty's dependent i irrespon- at there is 'art of the lie Ilepre- A nival in A'hich any y keep in Addresses acts of all drawn up, iuminous L'fore-hand present to ir Wisiies, )einand of I it woidd hich your ubordinate lew of the this Com- ;ible me to ion witli a governed, -'ct is, tliat ;t studious ity to the tiiat Duty ance with the most lendations not been relate to Majesty's Expenili- from the tions, the c OtKccrs •ns issued to direct )\vu Con- e to the f^gestions on made Means of ot in my myself h Abuse r any In- e to any )f Know- overeign, :e to any nent and .'anada is virtually virtually irresponsible ; and tlie Conclusion drawn from this Statement is, that under the present System there can be no Prospect of a good and faithful Administration of public Affairs. Witliout entering, on the one hand, utniccessariiy into a Discussion of those "•eneral Principles to which my Attention is tiuis invited, oi digressing, on the other hand, into personal Topics, it is enough for nic to observe on the present Occasion, that Experience would seem to prove that the Administration of iniblic Affairs in Canada is by no means exempt from tiie Control of a practical Responsibility. To His Majesty and to Parliament tlie Governor of Ujjper Canada is at all Times most fully responsible for his official Acts. That this Responsibility is not merely nominal, but that His Majesty feels the most lively Interest in the Welfare of his Canadian Sid)jects, and is ever anxious to devote a patient and laborious Attention to any Representations which they may address to him, either through their Representatives or as Individuals, is proved not only by the whole Tenor of the Correspondence of my Predecessors in this Office, but by the Despatch which I am now addressing to you. That the Imperial Parliament is not disposed to receive with Inattention the Repre- sentations of their Canadian Fellow Subjects is attested by the Labours of the Committees which have been ap])ointed by the House ot' Commons during the liLst few Years to enquire into Matters relating to those Provinces. It is the Duty of the Lieutenant Governor of Ui)|)er Canada to vindicate to tlie King and to Parliament every Act of his Administration. In the event of any Representations being addressed to His Majesty upon the Subject of your official Coniluct, you will have the higliest ])ossible Claim to a favourable Con- struction ; but the Presumptions wliicii may reasonably be formed in your Rehalf will never sujjerseile a close Examination how lar they coincide with the real Facts of each particular Case which may be brought under Discussion. This Respo'isibility to His Majesty and to Parliament is second to none which am be imposed on a public Man, and it is one wliich it is in the Power of the House of Assembly at any Time, by Address or Petition, to bring into active Operation. I further unreservedly acknowledge that the Principle of effective Responsi- bility should pervade every Department of your (iovernnient ; and for this Reason, if for no other, I sliould hoUl tliat every public Officer should depend on His Majesty's Pleasure for the Tenure of his Office. If the Head of any Department should ))lace himself in decided Opposition to your Policy, whether that Opposition be avowed or latent, it will be his Duty to resign his Office into your Hands, because the System of Ciovernment cannot proceed with Safety on any other Principle than that of the cordial Co-operation of its various Members in the same general Plans of ])romoting the public (iood. The inferior Members of the different Offices should consider Neutrality on this great litigated Question of provincial Policy as at once tlieir Duty and their Privilege. Diligently obeying all the lawful Conniiands of their Suj)eriors, tJiey will be exempted from Censure if the Course which they have been directed to pursue ;ihould issue in any unfortunate Results. Some of the Members of the local Government will also occasionally be Ilejjresentatives of the People in the Assembly, or will hold Seats in the Legis- lative Coimcil. As Members of the local Legislature they will of course act with Fidelity to the Public, advocating and supporting no Measures which, upon a large View of the general Interest, they shall not think it incumbent on them to advance. Rut if any such Person shall find himself comjielled by his Saise of Duty to counteract the Policy pursued by you as Head of the (iovern- ment, it must be distinctly understood that the inunediate Resignation of his Office is expected of him, ami that, failing such a Resignation, he must, as a general Rule, be suspended from it. Unless this Coiu-se be jjursued it would be impossible to rescue the Head of the (iovernment from the Imputation of Insincerity, or to coniluct the Administration of public AHairs with the neces- sary Firnmess and Decision. I need hardly say, that in the event of any j)ublic Officer being urged info a Resignation of his Place by his Inability to give a conscientious Support to his official Superior, the Merits of the Question would mulergo an Investigation of more than common Exactness by His Majesty's Ministers, and that His Majesty's Decision would be pronounced witli a perfiict Impartiality towards (•11.) Rii those Nr. 1. Lord Gleiiflij; to Sir F. H. Htiul. 5tli Dec. INi.'f. I 14 DESPATCHES FROM LORD GLENELG Nu. I. L')rd tflenelg to Sir 1-. B. Head, 51 1, l)i'>'. 1835. those wlio had the Honour to serve him in the Province, however high or however subordinate might be their respective Stations. By a steilfiist Ailherence to these Rules I trust that an effective System of ResponsibiHty would be established throughout the whole Body of })ublic Officers in Upper Canada, from the higiiest to the lowest, without tlie Intro- duction of any new and hazardous Schemes, and without Recourse to anv System of which the Prudence and Safety have not been sufficiently ascertained by a long Course of practical Experience. 15. I next advert to Two Subjects of far more Importance than any of those to which I liave hitherto adverted. I refer to the Demapd made partly in the Report of tlie Committee, and partly in the Address from the Assembly to His Majesty, for Changes in the Mode of a})pointing legislative Councillors, and for the Control by the Assembly of the territorial and casual Revenues of the Crown. On these Subjects I am, to a considerable Extent, relieved from the Necessity of any particular Investigation, because Claims precisely identical have been preferred by the Assembly of Lower Canada, and because, in the Instructiors to tlie Commissioners of Inquiry who have visited that Province, I have alreau-, had occasion to state the Views v;liich have received His Majesty's deliberate Sanction. The Principles of Government in the Two Sister Provinces must, 1 am well aware, be in every material respect the same ; I shall therefore annex for your Information, as an Appendix to this Despatch, so much of the Instructions to the Earl of Gosford and his Colleagues as applies to tlxese Topics. In the Prosecution of the Inquiries of the Commissioners in Lower Canada, they will be instructed to enter into full and unreserved Communication with you upon these Questions, and to frame their Report in such a Manner as may enable His Majesty to adopt a just and final Conclusion upon the Course to be j)ursued respecting them in both tlie Canadas. For this Purpose you will supply tJie Commissioners with all the Information which you may think necessary lor them to receive, and with every Suggestion which you may think it expe- dient to make for their Assistance in comparing the State of these Questions in tlie Two Provinces. If it should ultimately appear desirable, the Commission may perhaps be directed to resort to Upper Canada, there to pursue, in con- currence with yourself, a more exact Inquiry into these Subjects tiian they could institute at Quebec, in reference to the Affairs of the Ujjper Province. In general, the Earl of Gosford and his Colleagues will be directed to enter into unreserved Communication with you, not oidy on tiie Points just men- tioned, but on every Subject of common Interest to the Two Provinces. You on }our Part will conduct yourself towards them in the most cordial Spirit of Frankness and Co-operation. I have thus, in Order, adverted to every Subject to which the Assembly of Ujiper Canada have called tlie Attention of His Majesty's Government. You will communicate to the Legislative Council and to that House the Substance of this Despatch, as contauiing tlie Answer which His Majesty is pleased to make to the Addresses and Representations which I have had the Honour to lay before Him from the Two Houses in their last Session. I trust that in this Answer they will find sufficient Evidence of the earnest Desu-e by which His JNIajcsty's Councils are animated to provide for the Redress of every Grievance by which any Class of His Majesty's Canadian Subjects are affected. I close tins Connnunication with the Exj)rcssion of my earnest Hope, and I trust not too confident Belief, that the Representatives of the Peoj)!e of Upper Canada will receive with Gratitude and Cordiality this renewed Proof of His Majesty's paternal Solicitude for the Welfare of his loyal Subjects in that Province ; and that, laying aside all gi'oundless Distrusts, they will cheerfully co-operate with the King, and with you as His Majesty's Representative, in advancing the Prosperity of that interesthig and valuable Portion of the British Empire. I have, &c. (Signed) Glenelo. I HAVE tl dence whici to you, as I Aide-de-cari observe, tha cretary at V Commission may be selec (No. 15.) Copy c Sir, "With reft inform you, their Assent for providing comprised in Commissary granted to A I beg, hov merely of a ] Siossible to p 'rovincial F (No. 40.) ExriiACT Sir, I HAVE rec Nos. 3. and ^ between youi Before I Attention, spondence as that it shoul Confidence ii as they are si Observation i Character an (11.) .,'f ON THE SUBJECT OF CANADA. 15 er high or B System of \' of p\i!)lic t tlic Intro- irse to any ascertained any of those partly in the mbly to Hi.« lors, and for nues of tlie he Necessity I have been Instructions liave alreaci. 's deliberate vinccs must, ill therefore nuch of the ies to these wer Canada, ion with you ner as may Jourse to be II will supply k necessary link it expe- ^uestions in Commission sue, in con- s than they Province, ted to enter just inen- uices. You ial Spirit of Assembly of ncnt. You e Substance pleased to Honour to that in this which His / Grievance lope, and I le of Upper roof of His c'ts in that checifully entative, in the British ILENELG. No. 2. (No. 5.) ' ' ' Copy of a Despatch from Lord Glemelg to Sir F. B. Head, k.c.h. gj^ Downing Street, 30th December 1835. I HAVE the Honour to transmit to you herewith the Copies of a Correspon- dence which has passed with the SecreUu-y at War on the Subject of allowing to you, as Lieutenant Governor of Upper Canada, the Services of a Military Aide-de-camp, borne on the Establislnnent of this Country ; and you will observe, that under the peculiar Circumstances of your Appointment the Se- cretary at War has consented, for the present at least, to apply to the Lords Commissioners of the Treasury for Permission to issue Pay to the Officer who may be selected by you to act cs your Aide de-canip. I have, &c. (Signed) Glenelo. No. i Lord Glenclf; to Sir F. B. Head, 30th Dec. IKS.'J. No. 3. (No. 15.) Copy of a Desp.\tcii from Lord Glenelo to Sir F. B. Head, k ch. Sir, Downing Street, 2d February 1836. With reference to my Despatch of the 30th December, I have the Honour to inform you, that the Lords Commissioners of the Treasury have signified to me their Assent to the Arrangement proposed to them by the Secretary at War for providing for the Pay of your Aide-de-camp, in the Votes for Staff Services comprised in the Army Estimates ; and their Lordships have also directed the Commissary on tiie Station to issue to that Officer the Allowances usually granted to Military Aides-de-camp. I beg, however, to remind you that this Arrangement is to be considered as merely of a provisional Nature, to be discontinued whenever it may become ?iossible to provide for the Pay and Allowances of your Aide-de-camp out of 'rovincial Funds, I have, &c. (Signed) Glenelg. N'o. 3. Lord Glenelg to Sir r. B. Head, '2d Feb. is.ifi. No. 4. (No. 40.) Extract of a Despatch from Lord Glenelg to Sir F. B. Head, k.c.h. '^if' Downing Street, 22d March 1836. ^ I HAVE received your Despatclies, dated the 5tli and the 15th of February, Nos. 3. and 5., containing Copies of the (Communications which had passetl between yourself and the Legislative Council and Assembly of Upper Canada. Before I pass to the particular Subjects to wliich you have thus called my Attention, 1 would avail myself of this Commencement of our official Corre- spondence as a fit Opportunity, for exjilaining the Spirit in which I am anxious that it shoiild be conducted. It is impossible that I should place implicit Confidence in my own ( 'onclu-sions respecting passing Events in Upper Canada as they are successively reported to me. Although I do not regard a personal Observation of such Occurrences essential to a correct Understanding of their Churacter and Tendency, yet at this Di;)tance from the Scene it is oflen (I'L) B i unavoidable No. 4. i^ord Glenelg to Sir F. B, Head, 22d March 18,16. !MI r-m- 16 DESPATCHES FROM LORD GLENELG No. *. Lull) GItneIg to Sir V. B Head, 'i'iil March 1836. It is iiiii)0!5siblo to prescribe for the Guidance of an a Situation as yours Rules of Conduct on Questions to yield to Circumstances which could not Considerations which at tiiis Distance could unavoidable that my Judgment on such Matters should for a considerable Time be suspended ; during aviy such Interval I anticij)ate great Relief and Support from the Reliiuice whicii I ain hai)piiy entitled to repose in your Discretion. I shall however offer for your Solution any Doubts which may suggest tliem- selves to me with perfc' Unreserve, and without yielding to the Fear that you will ever niisconstru '"ii Inquiries into an Expression of Distrust or of unavowed Disapprobat: In the Pursuit of the great Object which we have in connnon, you will, I _. sure, agree with me, that our official Intercourse should be characterized both by an entire Frankness and by mutual Confidence, and that on either Side the most indulgent and favourable Construction should be given to every E.xpression which may be suscej)tible of more than One Meaning. Reverting now to the Subject of the Despatches to which I have referred, the first Remark which occurs to me relates to the Matnier in whicli you made your inaugural Address to the Two Houses of Provincial Legislature. It apj)ears to have been delivered by you in Per.son in the Council Chamber, although the Session was still in progress. I presume that you considered this l*eculiarity in the Mode of connnunicating with the Legislature as required and justified by the Novelty of the Occasion. I should entirely concur in that Opinion, if I were assured that neither of the Houses would complain of having been thus summoned into the Governor's Presence, as a Breach of their Privileges. I trust that no such Objection has been raised, or that if insisted on by any one, it will have been overruled by the good Sense and right Feeling of the Legislative Bodies. Your Address to the Council and Assembly was judicious and well considered. In proceeding to communicate a complete Transcript of your Instructions, instead of the Substance of them, you exercised a Discretion which I do not venture to di approve. Officer placed in such of this Kind, so inflexible as not be foreseen, or to the Pressure of not be aj)preciated. The Motives which prompted you to avow in the most public Mcnner, that in thus divulging the precise Terms of your Instructions you were acting in opposition to His Majesty's Orders, command my Respect, even though I am not quite .satisfied of their Sufficiency. Though less consonant with the frank and open Bearing of your own Character, it might have been more jutliciou.s to avoid the direct Avowal of the Fact that you were disregarding an express Injunction of the King. In your Solicitude to take upon yourself the Responsi- bility which you have thought it right to incur, you may perhaps have, however unintentionally, contributed a little to impair the Respect due to the Royal Authority. I do not di.sguise from you my Fears that the Publication of that Part of the Instructions to the Commissioners in Lower Canada, which was subjoined to your own may have involved the Earl of Gosford in much Embarra-ssment. I am not without an Apprehension, that the Effect of your having adopted a Course, different from that which Lord Gosford had previously taken, may have been to create a Feeling of Dissatisfaction on the Part of the Legislature of Lower Canada, which may seriously impede the successful Progress of his Mission. As it was in your Power to have communicated, on his Lordship's Responsibility, the Statement which he had himself conveyed to the Legis- lature of the Lower Province, of the Effect of those Passages of the Commis- sioners Instructions which were appended to your own, I do not perceive why you could not have accompanied a literal Transcript of the Body of your Instructions with the Epitome which Lord Gosford had already prepared and used of the Appendix to them. The Address of the House of Assembly of the 5th of February placed you in a Position of Delicacy, from which you extricated yourself with Skill, Calmness, and Discretion. I have thus addressed you in that Spirit of Frankness and Unreserve to which I referred in the Commencement of this Despatch. The respectfid Expression of such Differences of Judgment as may arise between us may, I am I I am con Diminutic for the A Majesty's I desire conduct judicious, are able, to them fi (No.4L) Coi>y Sir, I H.WE Subject of tered in tli I admit Majesty's no jjolitica were knov those who the Condii acknowledi urgently a succeeding appearing i Indications Disadvanta official Inc clear ; but then passec A.ssumptioi distinctly fi The Qiu been adju.st that Cliarg sanctioned The Nee Accession 1 King on tl graciously | refer to you Circumstan( transmit to Significancy are bestow( Grant. II;i Majesty's F your Assuin Rewarils, at accountable, the Recei])t having disco of your Infi defeated by (MO ruble Time id Support ;retion. I jest tlicni- ir that yoii rust or of :h we have [utercourse Confidence, ion sliould than One ON THE SUBJECT OF CANADA. 17 I am convinced, be made without Iiazarding on either Side the Loss or the Diminution of that mutual Confidence with which it is our Duty to co-operate, for the Advancement of the King's Service and the general Welfare of His Majesty's Subjects. I desire to express my Approbation of the Spirit and Manner in which you conduct your official Intercourse with the House of Assembly, — temperate, judicious, and self-posscr.scd ; meeting their Wishes cordially whenever you are able, and when you think yourself precluded from so doing, announcing to them frankly and courteously, your Opinion and Determination. No. *. Lord Glenclf; to Sir r B Fleaii, 2'2d March IH^fJ e referred, which you Legislature. 1 Chamber, sidered this as required concur in d complain 3, Breach of , or tiiat if Sense and i and well nstructions, ch I do not lance of an 1 Questions 1 could not tance could Tenner, that acting in lough I am the frank judicious an express Responsi- laps have, ue to the art of the bjoined to issment. I adopted a aken, may legislature ress of his Lordship's the Lcgis- Commis- rceive why y of your epared and placed you with Skill, irescrve to respectfid n us may, I am le '" ■ No. 5. (No. 41.) Copy of a Despatch from Lord Glenelg to Sir F. B, Head, k. c. h. Sir, Downing Street, 2'2d March 1836. I HAVE received your Despatch dated the 5th of February, No. 4., on the Subject of the domestic and ])ecimiury Difficulties by whicii you are encoun- tered in the Administration of the Government of Upper Canada. I admit without Reserve, that wiicn I had the Honour to signify to you His Majesty's Pleasure that this high Trust should be ofiered to your Acceptance, no political Connexion or personal Acquaintance subsisted between us. You were known to me only by your general Reputation, and by the Rejjorts of those who had enjoyed the Opportunity of estimating your Qualifications for the Conduct of public Affiiirs. Having met on these Terms, I further acknowledge, that in our Conversations before you quitted England you urgently and repeatedly commimicated to me your Apprehension, that in succeeding an Officer of Military Rank so much above your own, and in appearing as Lieutenant Governor of the Province denuded of many of tliose Indications of Authority wliich he had borne, you would labour under grave Disadvantages. Whether you also insisted on the probable Inadequacy of your official Income to your inevitable Expenditure, my Memory is not equally clear ; but I attach greater W^eight to your Recollections than my own of what then passed between us, and am willing to consider the Subject now, on the A.ssumption that before your Departure from England this Difficulty was distinctly foreseen and intimated by you. The Question respecting a permanent Aide-de-camp has, I am happy to say, been adjusted according to your Wishes and Reconunemlation ; a Provision for that C'harge has been introduced into the amiual Estimate, and has been sanctioned by the House of Commons. The Necessity of supplying the Deficiency in your Military Rank by some Accession to your Civil Honoins, was brought under the Consideration of the King on the Eve of yoiu' Departiue for America, when His Majesty was graciously i)leaseil to jjromote you in the (iueli)liic Order. I would cheerfully refer to your own inf)re mature Judgment the (Question, whether, under such Circumstances, I could with Propriety submit to the King my Advice to transmit to you a Patent for a still higlior Dignity. The \'alue (because the SigniHcancy) of such Honours depends chiefiy on the Occasion on which they are bestowed, and the Motives which may appear to have suggested the Grant. Having proceeded to Upper Canada with one recent Mark of His Majesty's Favour, if you should receive a Second within a few Weeks from your Assumj)tion of the CJovernment, so jjrecipitate an Eagerness to confer Rewarils, at the very Commencement of your Service, nuist either appear un- accountable, or if the Fact that you had been raised to the Rank of a Baronet on the Receipt of your first Despatches from U])j)er Canada, in conse([uence of your having discovered and reported that this Dignity was necessary for the Support of your Infiuence there, were publicly avowed, the Object itself would be defeated by such an Avowal. (11.) C Further, No. 5. Lord Glenelg to Sir 1". B. Head. S^d March \H'M '•■ i 18 DESPATCHES FROM LORD GLENELG No. 5. Lurd Ulenclg to Sir F. R Head. '.'2d March 1836. 1^ Further, it is not at all evident that the Object which you have in view would be secured or even promoted by your Accession to the Rank ot a Baronet. The Difficulty with wiiich you have to contend i.s, that although Governor ot" the Province, and therefore elevated above every other Person there in Civil Rank, you are yet, in your Military Position, several Degrees below many of those with whom you are constantly brought into official or personal Intercourse. Now this Difficulty, whatever be its force, would be unimpaired, even if your Promotion to tiie Baronetage should take place. For these Reasons I have not been able to submit your Name to the King as an eligible Candidate for the Dignity of a Baronet, at the present Time; yet, cautiously guarding myself against being supposed to enter into any Pledge, direct or indirect, on the Subject, I readily admit, that it is a Reward to which any Man who siiould successfully accomplish tiie Objects of your Appointment in Upper Canada might properly aspire. On the Sidyect of your official Income you reason uj)on Principles to tiie Truth of whicii I willingly subscribe. I admit that your annual Receipt ought at the very least to cover your annual Expenditure, and that the Public have not the slightest Claim to expect tiie Devotion of your private Re- sources to the Charges of your Government. I furtlier acknowledge, that tlie Governor of so important a Part of His Majesty's Dominions must incur many Expenses, which not only do not promote, but whicii may tend greatly to impair his personal Comfort and Gratification. I also allow, that on taking possession of such an Office, no Man can abruptly reduce to any considerable Extent tiie Scale of Hospitality and of visible Expenditure of his immediate Predecessor, witliout incurring a Loss of Influence much more than propor- tionate to that Reduction. All this being conceded, the Inquiry is, whether you can properly maintiiin the Expense of the Government of Upper Canada on an official Income, less than that of Sir John Colborne by the Amount of the Military Allowances which he received as the Chief Officer in command of His Majesty's Forces in the Province. The Advantages which he derived from the Command of a Regiment must be excluded from Consideration : they formed an accidental Accession to his Income, and must be regarded as Part of his private Fortune, and not in any Manner connected with Iiis Government. Now, in attempting to determine how far an Income of 3,350/. per Annum is sufficient to provide for your reasonable Expenses, including amongst them that liberal Style of living which your Station exacts, and whicii the Public have been taught to anticipate, I have no Rule for my Guidance, excent that whicii I may derive from Sir John Colborne's Experience, and from your own. Earnestly disclaiming the Presumption of constituting niyself a Judge of the Wisdom of any Part of your Predecessor's domestic Arrangements, I am yet compelled, by your Reference to them, to remark tiiat they seem tj have been projected upon a Plan according rather witli the Munificence of his Disposition than witli the Exigencies of his Office. I confess that I doubt whether a Governor of Upper Canada, could witli any Justice be expected to extend his Hospitality, to the numerous Travellers attracted to tiie Province by Curiosity or other Motives. Neither am I convinced that it could be really necessary or advantageous to provide Entertainments for every Colonist above the Rank of a Retail Shopkeeper. Any Person placed at the Head of the local Society must have it in his Power, to no inconsiderable Extent, to regulate the prevailing Usages of all the wealthier Classes on Subjects of this Kind ; and while he may be justly expected to t;ike the Lead in placing social Intercourse on a liberal and agreeable Footing, will also be at liberty to in- culcate and to reconiniend by his Example those simple and jirudent Habits of Life, which to a certain Extent ought to prevail in every Country, where there is a constant and increasing Demand for the Accumulation and Employ- ment of Capital. The Experiment tried by Sir John Colborne, conducted as it was upon so large a Scale, does I confess not appear to me conclusive. Your own Expe- rience, at the Date of your Despatch, embraced only Eleven Days, in which it is impossible that many Hours could have been given to the Consideration of any Questions of Domestic Economy. I am thus without any Ground on which I could recommend to Parliament a Grant in aid of your Provincial Income. If I possessed such Grounds, His Majesty's Government would I infallibly infallibly that eve which, if is yet in( of Parliai Ifaflci Satisfacti( mands to not *'-'.r y( Public al Civil Lis! Such is I cannot ! to elect b and thr; ir myself, n Office wo Consecpie ment, aiii Security i whicii I e doing yoii and indis] committee which yo shall have a private therefore place you your Resij in the A( your Ansv Subject to no longer except in i (No. 43.) Copy Sir, I HAVE 23d Febriu tlie Numbi accordingly known, Mt I beg to Satisfaction these Gentl priety of : Jittempted Executive ( by persistin which will. ON THE SUBJECT OF CANADA. If ! in view ank ot a altliouj^h er Person 1 Degrees official or would be ace. tlie King inie; yet, y Pledge, . to wliicli pointment les to the 1 Receipt :lie Public ivate Re- ', that tile lust incur lid greatly on taking nsiderable immediate in i)ro|)or- i, whether er Canadii unt of the mmand of le derived ion : they 'il as I'art iveriiment. er Annum iimongst which the ce, excent and irom : iiiyseii' a ngements, y seem ta nee of his t I doubt ex'^iccted Province could be y Colonist p Head of Extent, to ts of this iiig social ■rty to in- Mit IJabits try, where Kmploy- s upon so wii Expe- iii wiiich isidcration round on Provincial !iit would infiillibly infall that ibiy be met in the House of Commons by the Assftion of the Principle, No- s. every Colony should maintJiin its own Civil Government ; a Principle "' Glenelg which, if it be respected in this Country on the Ground of national Economy, sj, p B?Head. is yet more justly valued in the Colonies, as a Security against the Interference 22d \iarch ih;»« of Parliament with their internal Attairs. Ifaflera sufficient Length of Observation it shall be established to your Satisfaction and my own, that your official Income is inadequate to the De- mands to which your Office reasonably subjects you, I shall think it my Duty, not *-;r your Sake merely, but with a view to the jiermanent Interest of the Public at large, to stipulate for the necessary Increase as a Part of that Civil List for which His Majesty's Hereditary Revenue is to be surrendered. Such is the only Answer which it is in my Power to return to your Despatch. I cannot suppose that you intended to open this Discussion by compelling me to elect between the immediate and unqualified Acceptince of all your Terms, and thf! immediate Acceptance of your Resignation. I cannot conceal from myself, nor shall I affect to conceal from you, that your Retirement from the Office would be highly inconvenient in its direct, and still more in its indirect Consequences. In the Extent of your Ability to distress the King's (iovern- ment, and to impede His Majesty's Service, I find, however, the strongest Security against your Resort to the Use of that Power. The high Opinion whicli I entertain of your Character aiid Principles is sufficient to prevent my doing you the Injustice of believing that at so early a Period, and without clear and indisputable Necessity, you will abandon the important Trust so recently committed to your Charge. You will, I am convinced, review the Decision which you have announced, and withhold your final Determination until you shall have maturely weighed the various Considerations, of a public as well as a private Kind, which appear to forbid your Iletreat from the arduous and therefore honourable Station in which it has been His Majesty's Pleasure to place you ; for myself at least, I must decline the Responsibility of laying your Resignation before The King, and of concurring in so untimely a Change m the Administration of AflTairs of the Province, until I shall have received your Answer to this Despatch. You must permit me to commend the whole Subject to your mature and patient Reflection ; and to remind you, that it is no longer possible for you to consider your personal Concern in the Question, except in its Connexion with national Interests of the greatest Importance. I have, &c. (Signed^ Glenelg. No. 6. (No. 43.) Copy of a Despatch from Lord Glenelg to Sir F. B. Head, k. c. h. Sir, Downing Street, 30th March 183G. I HAVE the Honour to acknowledge the Receipt of your Despatch of the 23d February, No. 9., announcing that you had found it necessary to increase tlie Number of Executive Councillors of Upper Canada, and that you had accordingly appointed to that Situation, until His Majesty's Pleasure should be known, Messrs. J. H. Dunn, R. Baldwin, and Jolni Rolph. I beg to convey to you my Approval of this Measure, and I shall have much Satisfaction in recommending to His Majesty to confirm the Appointment of these Gentlemen. I have also to express to you my Concurrence in the Pro- priety of the Course which you adopted with reference to the Conditions attempted to be attached by Mr. Baldwin to his Acceptance of the Post of Executive Councillor, and I am happy to perceive that Mr. Baldwin has not, by persisting in his Demands, deprived His Majesty's Service of the Advantage which will, I trust, resu!* from his Assistance at your Councils. No. 6. Lord Glenelg to Sir F. IJ Head, 30th Marcli 1S36. 'ii I have, &c. (Signed) Glenelg. (41.) c s M^m^'^..^mM4 ---^imm^^ 20 DESPATCHES FROM LORD GLENELG No. 7. Lord Glenelg to Mr r. B. Head, ;Ust May 1836. Ko. 8. Lord (ileiielg to Sir K 15. Head, ISth June 1830. No. 7. (No. 60.) Copy of a Despatch from Lord Glenelg to Sir F. B. Head, k. c. h. , Sir, Downing Street, 31st May 1836. Youu Despatch of the fith April, annoiinciiig that you proposed on the iiOth of that Moiitli to prorogue tlie Legislature of Upper Canada, reached nie on the 1 1th instant. No further Intelligence has as yet heen received at tiiis Department from the Province. You will readily understand with how deej) an Interest, I have perused your Recapitulation ot the Events which have marked the last Session of the Legis- lature of Upper Canada, and how 'anxiously I have expected the Arrival of those Commiuiications whicli would complete the Record of its Proceedings up to tiie Date of its Prorogation. In the Absence of Intelligence on these important Points, 1 feel that it is not possible for me to convey to you any definite Instructions for your Guidance, or even to express any decided Opinion on the Course which you have hitherto pursued ; but nevertheless I cannot allow the present Opportiuiity to pass witliout an Acknowledgment of your recent Despatc s, and without assiuing you that my Colleagues and myself :-.re fully alive to the Delicacy and Difiiculties of your Situatitm, and are most anxious to relieve you in some degree from that undivided ^\'eight of Respon- sibility which the ])resent Posture of Afiiiirs has unavoidably devolved on you. The Trust which wo repose in your Discretion and Judgment, diminislies the Anxiety which we should otherwise feel on this Point. In whatever Circum- stances you may be placed, I am confident that your Measures will contiinie to be distinguished by a firm, yet temperate and conciliatory Exercise of the con- stitutional Powers entrusted to you, and that you will by your Conduct ensure to yoiu'self tlie Apjjrobation of the well-disposed Classes in the Province, and vindicate His Majesty's Selection of you for the important Post which you now occupy. Whenever your further Despatches shall be received His Majesty's (iovern- ment will lose no Time in devoting their Attention to the whole Subject of the present State of Affairs in Upper Canada, and in conveying to you the necessary Instructions for your Guidance. I have, &c. (Signed) Glenelu. No. 8. (No. 63.) Coi'Y of a Despatch from Lord Glenelo to Sir P. B. Head, k. c. n. Sir, Dt)\vning Street, 13lh Juno 183(). I havi; the Honour to inform you, that the Petition to the House of Commons from the Assembly of Up])er Canada, a Copy of which you transmitted to me in your Despatcli of the '21st April, No. ',J(), was presented to the House by Mr. Hinne on Friday last, the lOth instant. In presenting the Petition, Mr. Hume abstained from stnting its Contents or making any Observations on its I'rayer, but he announced iiis Intention of moving that it should be printed, with a view to its being considered on a future Day. On tile usual Motion that tlie Petition sliould lie on the Table, Sir (iieorgc Grey stated, that, owing to the Coinse adopted by Mr. Hume, he should also abstain at that Time from any general Observations on the Petition, but that, having seen u Copy of the IVtilion, he was aware that It contained a Charge affecting yom personal ('haracter: a Charge which you had fiilly and oiieuiv met in a Despatch addressed to nu', and that he should therefore feel it to be iiis Duty, shoukl the House order the Petition to be printed, to move fl)r the Pro- tluction of so mucii of yotn* Despatch as related to that Charge, in order that your Statement might be belbre the House at the same Time with the Petition. As As it i is the In an Extrac ferred to be printei I need to be a against yt (No. 04.) Corv Sir, I avaii lor ackno\ It nnisi which Hit Canada, < Measures With sue discuss tli( until I sh; leagues ; ; right to ]) It is wi| in your 1) i.'2d of M mission al against th I am, how that my L conveying suaded ili exists f()r Entertaini Proceedin Views wit far they ii more rein( myself of between i Object, ai or Succesj (jrovernon own ,Iu(lg avowing v my earnes Confidenc against M and to the Your C because tc my real Ii Wilhon lespecting limit to a( Good of t .sion whiel .• (41.) ON THE SUBJECT OF CANADA. 9t As it is not intended to offer any Objection to the Petition being printed, it is the Intention of Sir George Grey to move innnediately for the Production of an Extract fiom your Despatch of tlie "^Ist April, and of the Enclosures re- ferred to in that Part of the Despatch, which will be produced, and which will be printed at the same Time with the Petition. 1 need scarcely add, that I consider the Ex|)lanation wliicli you have afforded to be a full and complete x'Ynswer to ti)e Charge, which has been preferred against you. I liave, &c. (Signed) Glknki.u. No. 8. Lord Gleiiel;: to Sir F. B. Hi'iid, i;)th June IH.'U). i r (leorge uuld also but that, a Charge ;1 o])eiilv to be his the Pro- rder tiiat Petition. As No. 9. (No. G4.) Copy of a Despatch from Lord Glenei.g to Sir V. l). Head, k. c. h. Sir, DDHiiinj; Street, lltli June 18li(). I AVAIL myself of the earliest Opportunity which I have been able to find for acknowledging the Receipt of the Despateiies enumerated iu the Margin. It must be superfluous to assure you of the deep and lively interest with which His Majesty's Government contemplate the recent Proceedings in Upper Canada, or to state our Conviction of the decisive Influence which your Measures must exercise on the Affairs of liritisli North America in general. With such A'iews of the Magnitude of the Occasion, 1 And it impossible to discuss the various Questions raisotl or suggested by the I)es|)atches bet{)re me, until I shall have been able to bring them liilly under the Notice of my Col- leagues; at the same Time, there are some Topics which I do not think it right to postjume, and to which I shall for the present conline myself. It is with equal Surprise and Concern tliat 1 h:;ve read the Terms in which, in your Despatch of the 8th of May, you refer to my Despatch No. 10. ot'the i.'2d of March. You observe that it is your Duty to receive witli silent Sid)- mission all Expressions of my Disapprobation, and jjroceed to defentl yourself against the Charges which you understand me as having intended to prefer. I am, however, at once able and liajjpy to say, in the most unqualifled Manner, that my Despatch of the y'2d of March was not writt'-n witii the Design of conveying any Reproof, or of intimating any Disapprobation; and I am ])er- suaded that on referring to it again, you will be satisfled that no Room really exists for the less favourable Co.istruclion which you have given to my Words. Entertaining Doubts of the Conformity to Parliamentary Usage of one of your Proceedings, and not satisfied as to the Prudence of another, I expressed my Views without the slightest Reserve, though not without some Uncertainty how far they nn'ght be well fbnmled. In thus addressing you, nothing could be more remote fiom my Purpose than to censure your Conduct ; I simj)ly availed myself of that Privilege of frank and open Intercourse, which nnist subsist between all Persons jointly engaged in the Pursuit of a common political Object, and without which public Afliiirs coiilil never be conducted with Safi'ty or ouccess. Ready as I am, at all Times, to receive and to invite iiom the Governors of His Majesty's Colonies, the Expression of any Dissent from my own .ludgment, I think myself entitled to claim from them an etpial Freedom in avowing whatever Dilliculty I may feel respecting any of their Measures, it is my earnest Wish to maintain, with yoin-self es])eeially, such Habits of reciprocal Confldeiice as shall, in our oflicial Relation to each other, ensure both of us against Misconceptions, which might be prejudicial to His Majesty's Service and to the g(>neral Interests of the King's Subjects. Your Construction of my Despatch No. 40. has given me the greater Pain, because to address you in the Uanguage of Reproof was \wt only remote fiom my real Intention, but in direct Contradiction t<> it. Without anticipating the Opinions which i may hereafler have to express ics|)ecling your Admiuistralion of the (lovernment of Upper Canada, I caimot oimf to acknowledge that it has been characterizeil l)y a Zeal lor the general Good of the i'rovince, and by an Energy, i'"irnme..s, and I'romptitude of Deci- sion which entitle yoi.i to the cordial Sympathy and grateful Acknowledgments No. <). Loril Gleiulsr to Sir 1'. li. Iliad, 1 nil June is;i(;. Nil. '-'6, •'I'.t April, No. '.'S. 'JTlli — No. i;;i. •JSil. — No. UO. ■Itli Ma; . No. ;!-J, tiih — No. :);!, I 'J (41.) C li of 'A-M^'^^ir^'i^^S ^,^^0^^0mgmmm^mmmm 22 DESPATCHES FROM LORD GLENELG No. 9. Lord Glenelg to Sir 1". B. Head, Utli June 1K3C. \^ of the Ministers of the Crown. To be insensible to the Spirit and llio Ability with which you have acted, and to pive to occasional Errors of Judgment (if Errors they really were) more Attention than to the predominating Motives and the broad Character of your Policy, is a Reproach to which I cannot admit myself justly liable. I will not pass over in Silence, even on the present Occasion, your Demand for Advancement to the Dignity of a Baronet, even though I am unprepared to convey to ^ou my final Answer on that Subject. I trust that you will receive what I am about to state as intimating no foregone Conclusion on the Question, for it is in truth, under the ])cculiar Circumstances of the Moment, a Question involving many Considerations upon which I must necessarily consult with my Colleagues in Office. I must, however, notwithstanding the Strength of your Expressions, venture to doubt whether, on more mature Reflection, you would really think it right tc. make your Continuance in your jiresent Office dependent, on the immediate Acquiescence in that Demand. 1 do not suggest those Considerations which more immediately relate to your own personal Honour and Reputation in this Matter, because a Right to touch on such Topics is among the Privileges only of private and personal Intimacy ; but I am jjcrhaps at liberty to remind you of tlie Claims, which the King, and His Majesty's Subjects at large, are entitled to ])refcr, and to which I am convinced that you are keenly alive. It is not less true in Civil than in Military Life, that the Moment of Peril is never to a brave and loyal Man, the Moment of Retreat. Of all Men he is least entitled to retire at such a Season, who, in a just and fearless Reliance on his own Resources, has undertaken an arduous Responsibility which it might be impossible to de\'olve on a Successor. He who acts in this Spirit may be fiiirly said to have given the most sacred Pledge to abide the Issue of his own Undertaking. Nor need I remind you, that no one who in that Spirit perseverinju;ly and suc- cessfully serves the King, on a conspicuous Theatre of Action, can justly doubt that the Reward of such generous Self-devotion will be dealt out with no niggard Hand, by his King and Country. I have but one other Topic to notice at present. You demand a full and unfettered Discretion in the Conduct of the Aifairs in which you are engaged, and deprecate all unnecessary Interference. His Majesty's (iovernmont, while they respect the Independence, subscribe to the .Justice of this Claim. On this Subject I cannot explain myself more clearly, than by transmitting to you the accompanying Extracts from a Despatch, which on the 8th instant I addressed to the Earl of Gosford. You will receive them as entirely confidential, but as containing Rules for your own Guidance. I trust that my promised Communication will not be long delayed, but I must guard myself against entering into any specific Pledge as to the Time when I shall be able to transmit it to you. I have, &c. (Signed) Glenelg. No. 10. Lord (ilenclt; to Sir F. B. Hcnd, Mtli J uly iH'Mi. •J'l I'Vb. 18S( , No. 1 J. '.'1 Miir. Noll. '1 April — N«.'J.|. •Jl — — Ho.'Jii. i.'7 — — No.L'H. UM — — Ni..y'i. t Mny — No. MO. s — — No.ML'. ^ — No.fl.'l. 11 — .«. No.il.l. l(i — No.;i7. 11 — No.ilH. •J A ». Nu.'lo. 1 Jmu' — No..|I. U) May — No.'I'J, No. 10. (No. 73.) Coi'v of a Di'.srATCH from Loud Gi.knelg to Sir F. B. Hkau, k. c. n. Sir, DowniiiR Street, 'i5tli July ISSfi. In my Despatch of the llth ultimo, No. G'J.., I aeknowleilged the {{eceij)! of various Desjjatciies fioin you, altliougli I stated that 1 was unable to discu.ss at that Time all the Questions raised or suggested by them. I enumerate in the Margin the Series of Despatches to which it is my ])resent Pur|)ose to advert, including tlio.'ie referred to ill mine of the litli of .June. 1 would not willingly have departed from the Rule of official Correspondence, which recpiires that a separate Aii.swer should be returned to each distinct Communication ; but the various Topics brought under my Notice in this Series of Despatches are so intimately blended with each other that I find a strict Adherence to that Rule ill the present Instance impossible. • 1. Of ON THE SUBJECT OF CANADA. is L' Ability Tinent (if Motives lot admit Demand eparcd to 1 receive 'Question, Question i with my 1, venture it right t(. inmediate ns which n in this es only of d you of jntitled to s not less ;t) a brave d to retire icsources, Dssible to ly said to :lertaking. / and suc- stly doubt ; with no lid a full liicli you Majesty's Justice than by 1 on the them as ut I must when I KNELG. te c. It. ly IS.W. ecei])t o( isciiss at in the advert, willingly es that a but the are so at Rule 1. Of 1. Of these Topics, the first in order of Time is the Appointment of Caj)- tain Macaulay to the Office of Surveyor General. Your Proceedings in regaitl to the late Surveyor General, Mr. Hurd, are entitled to my unqualified Appro- bation ; in calling upon that Gentleman to resign, you discharged an invidious Duty with equal Firmness and Moderation. I also ajiprove your Refusal to appoint Mr. Radenhurst as his Successor, notwithstanding the Number and Weight of the Testimonies in favour of that Gentleman. 1 do not inquire whether the Charges jiref'erred against Mr. Radenhurst, of a Breach of Trust in the subordinate Office which he liad so long filled, were well founded or otherwise, — that Inquiry is not necessary to the Consideration of his Claims for Advancement, — I must look at him, not in the Light of a Person called upon to exculpate himself from the Imputation of a grave Offence, but as a Candidate for a ))ublic Trust of the highest Importance; and in this View of the Matter I am bound to decide against his Claims, conceiving it to be impossible tiuit he should enjoy public Confidence. The Appointment of Captain Macaulay appears, in so far as his personal Character and Qualifications for the Office are concerned, to have been entirely unexcejitionable. But as Captain Macaulay deliberately tendered *^^lie Resig- nation of that Office, without any Explanation of his Motives, but (to quote his own Language) " on Grounds which, as a Welhvisher of the Government, were «' witii him paramount," I cannot hesitate to accept that Resignation, and to im])()se on you the Duty of making another Choice. '2. The Proceedings which led to the Resignation of the Executive Council next demand my Attention. In the Address of the 4th .of March from that Body to yourself, I understand them to maintain, that the Constitutional Act of 1791 imposed on the (iovernor, the Duty of communicating with the Council on every Act of his Administration, and required him on every Occasion to abstain fiom the Exercise of his Powers until he had first weighed and had eitliei' ado})ted or rejected their Advice. Their Address must further be understood as an Assertion that the People at large believed such to be the System actually observed by yourself and your Predecessors ; and in the event of your not being disposed to adhere to it, tlie Members of the Council demanded your Permis- sion to disabuse the public Mind on this Subject. From the Construction thus given to the Act of 1791 I must altogether dissent ; nor do I know that it would be ])ossible to refute it, in Terms more complete and satisfactory than those emjiloyed in your Answer of the Jtli March. I find it moreover very ilifficult to believe tliat the People of Upjier Canada at large, supposed such Powers to be habitually and jiractically exercised by the Executive Council. In so contracted a Society as that of Toronto it is impos- sible that the Public should not have been better informed on a Question of such general Interest, and respecting which the Means of obtaining correct Intel- ligence could not have been really wanting. When I advert to the Length of Service of Messrs. Robinson, IMarkland, and Wells in the Council, and to their constant Acquiescence in the Practice which they at length denounced as imconstitutional, I ha\e no Difficulty in declaring my Opinion that you judged and acted rightly in calling upon them to resign their Seats at the Couiu;il Boaril. You will inform them tiiat His Majesty has been pleased to accept their Resignations. With regard to JNlessrs. Dunn, nalilwin, and Rolph, who had very recently taken their Seats at the Board, there is, 1 think, room for a nuich more lavour- able Interpretation of the Terms of the Address of the Itli of March. Dillering as I do fi'oni them as to the Construction of the Act of 1791, and doubting the Prevalence of the Opinion which they requested Permission to contradict, 1 am yet willing to believe that they signed the Address under the Iniluence of no Motives but such as might have been reconciled with their Duty to the Crown and with their cordial Co-operation with yourself in the proper IJiisiness of tlu' Executive Council. Some Indulgence may perhaps have been due to the Novelty of the Situation in which tliey found themselves placed, and to Distrust; which a more intimate Acquaintance with you, might perhajis, have promptly dispelled. I admit, however, unreservedly, that so long as they continued t(» assert the Right of Intervention, in every Act of the Executive (.jovernment, it was impossihie tiiat voii should receive them as Members of your Council. Messrs. Haldwin and Uolph having ailhered to that Demand, your Breach with C4L) C t them No. 10. Lord (Jlenelg to Sir F. B Hcml, 'i5tli July 18,%. ^ii :#i^^s^H^.^:^^3Li% ^^^mm,^^ 24. DESPATCHES FROM LORD GLENELG \o. 10. Lord (Meiiclg to Sir I", U. Head 'i.itll Jul} 1H3(> tlicni was unavoUlablc. Mr. Dunn having offered to recede from it, a Distinc- tion, as it seems to me, might iiave been made in his Favour. You took, indeed, an dbjection to the Address of tlie tth March, which, if well tbunded, certainly left no Possibility of separating the Case of any One ^Member from that of his Associates. Your Answer represents that Address as asserting the Principle that the Members of the Executive Council are to be resjionsible, not to the King, or to His Majesty's Representative in tlie Pro- vince, but to thePeoj)le, or to the popular Branch of the Legislature. Whether a latent Meaning of this Kind may really have been entertained in any Quarter it is not tor me to decide : no such Pretension, however, appears to have been distinctly avowed by th-^ M :!nibers of the Council themselves. When I advert to the State of public Atiiurs in the Province, at the Period in question, I cannot but admit that you had probable Grounds for assuming that the Construction which you placed on the Address of the 4th of March, was not in fact, at v.iriance with the Meaning and Purpose of the Authors of that Document- Still I am not satisfied that it was judicious to ascribe to their Language an offensive Sense of which it is not necessarily or properly susceptible ; it strikes me, on the contrary, tiiat a needless Disadvantage was incurred by thus preferring a Charge to which the accused Parties might assert that they had not rendered themselves liable. 3. Prom a Consideration of your Proceedings regarding the Executive Council, I naturally advance to a still more imjiortant Subject. After reviewing the Conduct of the House of Assembly from the Time of the Ilesignati(m of the Six Members of the Council, to the Close of the Session, and after considering the Language of the House and of its Coimnittee on the Toi)ics at Lssue, between you and the Councillors, I nuist own myself at a Loss to determine what is the ])recise Principle on which, as to the Question of llcsponsibility, the Majority of the House were finally prepared to take their Stand. The Language of the House, indeed, iii its Addresses and Resolutions, would embrace that Principle in its utmost Latitude ; so also in the Report of the Conmiittee, there are some Passages which ap])ear to maintain that Doctrine in the largest Sense in wliich it has ever been put forward in any of the Colonies, namely, that as in this Kingdom the King acts on the Advice of responsible Ministers, so in the Canadas the (iovernor is to act on the vldvice of a responsible Council. There are again other Passages in the Report which present the Principle in a more modified Character, limiting it to the Obligation imposed on the Lieutenant (iovernor to consult the Executive Council on all pul)lic Questions, althougii at the same Time admitting his Ereedom to act in opposition to their Advice. But, in order to judge of the Propriety of your Proceedings, it is quite unnecessary to inquire what may have been precisely the Views of the House of Assembly, ^\'hatevcr may have been their Meaning, the Course of Conduct which they adojjtetl and the Position which they assmned seem to me to have made a Ruptine with that Body unavoidable. Let it be assumed that the Principle l()r which they desiretl to contend, was by them taken in the more motlenUe of the Two Senses already sUited, and let it be admitted fiuther, which certainly lam by no means prepared to ailmit, that this Princi})!e is calculated to advance the Well-being of the Province, still, as no such Principle can be recognized either as incorporated in the 'J'ext or exenq)litii'd in the Practice of the Provincial Constitution, the House was surely not entitled to adopt the extreme Measure of stopping the Su])plies on tins Occasion. Mucii indeed is it to be regretted that this great Constitutional Resource was resorted to for tlie Piu])ose of attempting to eni()rce Changes in the System of (ioveniment itself, Changes more especially which neither His Majesty's Representative in the Province nor his subordinate Olhcers have Power to introduce. Under these Circumstances, and with the strong Con- viction whieli you entertained as to the general Dissatisfaction of the Inhabi- tants with tiie Conduct of their Kepresentuiives, 1 approve your Prorogation anil subsecpient Dissolution of the AssembI}. 4. The House has ascribed to you, a will'ul Departure from Truth, on the Subject of Mr. Sullivan's contingent Accession to the (lovernment of Upper Canada. On this Point 1 have already expressed to you my Opinion that your Defence is satisliictory and conclusive. .0. With rispect to the Reservation of the Money Bills for the Signification of His Miyesty's Pleasure, and the Refusal of the Contingencies of the House, although gestion. ON THE SUBJECT OF CANADA. is although I am of opinion that such Measures ought not to be r( except on Grounds of the most cogent Necessity, I am disposed, resorted to No. lo ^cept on Urouncls ot tne most cogent ixecessity, i am cusposed, with the Lord Glenelg, Information wiiich I at present possess, to tliink tliat, committed as you were sjr p g Head, to a great Contest, and encoiintcrecl by an unreasonable Employment of 25th July issf;! Weapons reserved only for extreme Emergencies, you were justified in sum- moningto your Aid all the Powers wliich the Constitution has in store for such a Crisis. 6. I now proceed to your Recommendation that Mr. Dunn should be removed from the Office of Receiver General. Disposed as I am at all Times to accede to your Wishes, I must own myself unable to comply with the present Sug- gestion. I have already said tliat I distinguish favourably Mr. Dunn's Conduct from that of his Fellow Councillors. He is chargeable neither with the Incon- sistency of Messrs. Robinson, Markland, and Wells, nor with tiie peremptory Adherence of Messrs. IJaldwin and Rolph, to the Demands made in the Letter of the 4th of March. Widely as I differ from Mr. Dunn in his Construction of the Act of 1791. I do n. c presume to censure his frank and firm Assertion of an opposite Judgment, which, when apprized of your Dissent, he expressed his Readiness not to urge to any ])ractical Consequence inconsistent with the faithful Discharge of his Duty. The only other Error attributed to him is that of having written in the ordinary Language of Courtesy respecting a Proceeding of the House of Assembly — a Proceeding to which he lent no Aid or Coun- tenance, anil of which indeed he had never heard until it was officially made known to him. So far am I from rcjjrobating j\Ir. Dumi's Adherence to the convoiUional Language of Respect, in alluding to any Act of the Repre- sentatives of the Canadian People, that I should have been ready to condemn JUS uni)r()tital)lo and as injurious to the Cause of g(;()d Government the Employ- ment of a less measured and ceremonious Style. 7. On referring to the Aildresses from yourself to public Bodies in the Province, which acconi})any your Despatches, I feel Pleasure in doing Justice to the Ability, Decision, and ardent Zeal for His Majesty's Service by which they are in general characterized, and to the Soiindni;ss of many of the Prin- ciples which ihey assert and vindicate. Rut I am compelled to express, liow- ever reluctantly, a Wish that some of the Expressions contained in them had been more carefully weighed, and that you had more studiously maintained the temperate Eorbearance and Reserve, by which such Compositions are usually distinguished, and by which alone, they can be effectually recommended to the respectful and dispassionate Attention of Society at large. 8. Your Despatch of the 1st of June, No. 41, tenders the Resignation of your Office, on tiie (Jround " that you do not agree in Opinion with the Commis- " sioners of Inquiry in Lower Canaila,"and that, "as regards their Policy, you " have not an Idea in common with them," and because "their Policy has a " democratic Character, to which you cannot justly conform." To these general Remarks you proceed to add Censures, of no ordinary Severity, of a S articular Act of Lord (iosford's y\dministration, vi/. the Promotion of I. lledard. Resi)ccting M. Redard's Preferment, it may be sufficient to observe, that you are very imperfectly acquainted with the Circumstances of the Case, and with the Motives which iniluenceil Lord (Josfortl's Conduct. On much more ample Inf()rmation His Majesty has been graciously pleased to approve and confirm that Choice. Your Remarks respecting the Reports of the (^onuuissioners are, I nuist be permitted to think, prematiu-e, as His Majesty's Decision upon tiiose Reports is not yet known. I shall not enter into any Explanation of the Opinions which 1 entertain in regard to the (Questions discussed by the Canada Com- missioners, iu)r can I advise His Majesty to accept your Resignation on the Cirouiul on which it is thus placed. I 1 my Despatch which accompanied yoin* Commission, I have attempted to lay down, witli the utmost jjossible Precision, the Principles on which Ills Mil- jesty expects ami requires you to act. Those Instructions 1 see no Reason to depart from or to qualilj'. ' I trust that you will steadily adhere to them as the Rule and Guide of your Conduct, even when they may coincide with the Reports of which you have pronoimced so uiupialilied a Condemnation. If) indeed, 1 were to understand your teiulered Resignation as declaratory of any Purpose to administ the Government of Up])er Canaiia in opposition to the Principles recordo .a those Instructions, then, wiiutover Pain and Regret it ('I'l.) 1) mi, gill ';'^m^y^^..!i^%s^ -sf^m^^^im^^mm^ No. 10. Lord Glenelg to Sir F. B. Head, 25th July 1836. No. 11. Lord Glenelg to Sir F. B. Head, 25th Juiy 1836. 26 DESPATCHES FROM LORD GLENELG might cost me, I should certainly feel myself bound in good Faith and Con- sistency to advise His Majesty to accept your Offer ; but, without an evident Necessity, I will not so construe your Expressions, nor permit myself to doubt that you are resolved, under all Circumstjuices, to conduct the Government of Upper Canada in no other Spirit and no other Principles, than those which pervade your original Instructions. His Majesty's Government look to no transient Results or temporary Triumphs ; they seek to allay public Discon- tents, and to promote the general Good of the People, by a resolute Adherence, under every Ciiange of accidental Circumstances, to what they must esteem as sacred and immutable Rules of British North American Policy, — Rules which will rather gain than lose in Importance, if, as I trust, a Perioil is approaching at which the Affairs of Upper Canada may be adjusted, with an Assembly pre- pared to regard the Maintenance of the Constitutional Rights of the other Branches of the Legislature, as essential to the Preservation of its own legitimate Authority and Privileges. 9. On the Subject of your Claim to be advanced to the Dignity of a Baronet, I refer you to my Despatch of the 1 itli June, No. (31, as containing the^rt«/ Decision of His Majesty's Government. I have, &c. (Signed) Glenelg. No. II. (No. 71-.) Copy of a Despatch from Lord Glenelg to Sir F. B. He.\d, k. c. h. Sir, Do\\iiiiig Street, '25th .Inly 1836. I ii.WE to acknowledge the Receipt of your Dcspatcii of the 21st JMarch, No. I7, notifying your Ai)pointment of Messrs. Sullivan, Elmslcy, Baldwin, and Allan, to the Executive Council of Upper Canada. I liave submitted the Names of these Gentlemen to His Majesty in Council, and I trust that by the have it in my Power to convey to you His Majesty's next Opportunity I shall hi Decision thereon. I have, &c. (Signed) Glenelg. similar You No. 12. Lord Glenelg to Sir F. H. Head, 25th July 1836. No. 12. (No. 75.) Copy of a Desp.vtch from Lord Glenelg to Sir F. B. Head, k. c. h. Sir, Downing Street, 25th July 1836. I HAVE the Honour to inform you that I have received from Mr. Bidwell a Letter, dated the '25th A])ril last, containing some Observations on your Ad- ministration of the Government of Upper Canada, and more particularly re- ferring to Communications which he states to have passed between you and liimsdf You are aware that the Rules whicii, u])()n public Grounds, have been established in regard to Correspondence with tiiis Department, preclude me from receiving any Communications from the Colonies involving Matters of Provincial Interest, excej)t through the Governor of the Colony in which the Writer may be settled. It is unnecessary to say, that in the present Instance I camiot depart iVom tiiat Rule ; still less can I entertain Statements inculpating tlie Governor of a Cohmy, unless that Officer shall have had the most ample 0])portunity of answering them. I lia\e therefore not felt myself at liberty to take Mr. Bidwell's Letter into consideration until you shall have had an Opj)ortunily of offering in regard to it any Remarks which yon may consider r.ecessary. For this Purpose I request that you will a])ply to Mr. Bidwell tor a Copy of that Letter. In addressing to you my Acknowledgment of Mr. Bidwell's Letter, that Gentleman will understand that I mean no personal Discourtesy towards him, but that 1 act according to a Rule which has been invariably applied to all siniilar Ca.ses. You will connnunicate a Copy of this l)e.s])atch to Mr. Bidwell. I have, &c. . (Signed) Glenelg. ON THE SUBJECT OF CANADA. No. 13. •r (No. 76.) Copy of :- Despatch from Lord Glenelg to Sir F. B. Head, k. c. h. Sir, Downing Street, 25th July 1836. I HAVE the Honour to inform you, that I have received from Mr. Rolph a Letter containing a Statement of the Circumstances whicii led to the Resig- nation of tlie late Executive Council of Upper Canada, and commenting at considerable Length on your Conduct, and on that of the other Parties con- cerned in that Transaction. You are aware that the Rules which, upon public Grounds, have been establislied in regard to Correspondence with this Department preclude me from receiving any Communications from the Colo- nies involving Matters of provincial Interest, excqpt through the Governor of the Colony in which the Writer may be settled. It is unnecessary to say, that in the present Instance I cannot depart from that Rule, still less can I entertain Statements, inculpating the Governor of a Colony, unless that Officer shall have had the most ample Opportunity of answering them ; I have therefore to request that you will apply to Dr. Rolph for a Copy of his Letter to me of the 27th April, in order that you may furnish me with any Remarks which may appear to you to be called for, by the Statements continued in it. In addressing to you my Acknowledgment of Mr. Rolph's Letter, that Gentleman will understand that I mean no personal Discourtesy towards him, but tiiat I act according to a Rule wliich has been invariably applied to all similar Cases. You will communicate this Despatch to Mr. Rolph. 1 have, &c. No. 13. Lord Glenelg to Sir F. B. Head, 2Sth July 1836 (Signed) Glenelg. 1836. }idwell a )ur Ad- arly re- you and have )reclude ittcrs of ich the stance I ulpating it ample No. 14. (No. 77.) Copy of a Despatch from Lord Glenelg to Sir F. B. Head, k. c. h. Sir, Downing Street, 25tli July 1836. I HAVE the Honour to inform you that I have received from Mr. T. D. Mor- rison a Letter, dated Toronto, 2yth April 183(5, imputing to you a Misquotation from tlie Report of the Committee of 18;35 on public Grievances, in your Speech at the Close of the late Session of the Provincial Legislature. I have to request, according to the usual Course in the Case of such Representations being addressed to me, that you will call on Mr. Morrison for a Copy of his Letter to me, in order that you may be able to supply me with any (Observa- tions on it, which you may consider it to require. In addressing to you my Acknowledgment of Mr. Morrison's Letter, that Gentleman will understand that I mean no personal Discourtesy towards him, but that I act according to a Rule which has been invariably applied to all similar Cases. You will communicate this Despatch to Mr. Morrison. I have, &c. (Signed) Glenelg. No. 14. Lord Glenelg to Sir F. B. Head, 25th July 183(i. er, that ds him, ;d to all jelg. No. iru (No. 80.) Copy of a Despatch from Lord Glenelg to Sir F. B. Head, k. c. h. ^''■» DowningStreet, 30th July 1836. I HAVE the Honour to transmit to you herewith the Copy of a Letter which has been addressed to me by Mr. 11. Baldwin, relative to certain recent Pro- (*!•) D 2 ceedings '*^-k'^l^i:i:x^'4^%Si^ %}^r^.m^^^^9^^^^^^sa 28 No. ],-,. Lord Glent'lg to Sir F 15. Head, 30th July 183(). DESPATCHES FROM LORD GLENELG cceilinss in Upper Canada ; and I am to request that you will favour me with any Observations on the Subjects noticed by Mr. Baldwin wiiich may appear to you necessary tor my Information. I have, &c. (Signed) Glenelg. At 1st, Till fixed upoi ensuing E Enclosure in No. 15. Enclosure. ' My Lord, 4., Trinity Court, Charing Cross, 26tli July 1836. I take the Liberty of encloshig to your Lordship a Toronto Newspaper of the22d ult., and of drawing your Lordship's Attention to tlie Resolutions of the Constitutional Reform Society on the Subject of the Appointments of Places for holding the Elections, as well as the Appointment of Mr. Kerr as One of the Returning Officers. It is for your Lordship to judge whether the Course adopted by Sir Francis Head in these Particulars is that which would have been pursued had it been really liis Desire to obtain the calm aj d deliberate Opinion of the Country. I also beg to refer your Lordship to the Reply of Sir Francis Head to the Address presented to him on the Subject of tiie Foreign Interference to which he had alluded in one of his preceding Replies. I learn by my private Letters, that in consequence of His Excellency refusing all Satisfaction as to whence he liad derived his Information on the Subject, a Letter was addressed to the Au- thorities of the neighbouring State of New York ; and I subjoin an Extract which has been sent me from the Answer of tiie Secretary of State of that Re})ublic, which will show your Lordship the Light in which Strangers view tiie Conduct of the Lieutenant Governor in spreading an Alarm on the Subject of Foreign Intervention. I have also taken the I^ibert}' of marking for your Lordship's Consideration the Account of the Tunes which, as a Sort of practical Commentary on the Reply of the Lieutenant (Jovornorto the House of Assembly last Winter on the Subject of Orange Societies, are in requisition at the public Dinners of His Excellency's Partisans. Ill one of the Letters which 1 have received from Toronto my Correspondent writes, that he dreads that the Consequence of the Conduct of the Government will be the Agitation of Independence, or at least Elective Governors as well as Council. In anotiier the Writer says, lie cannot venture to tell me all that he hears of the unworthy Contrivances of the Tory Party to anticipate Votes, that it is still muttered amongst them, the Use of Location Tickets, and he fears they will dare to do so ; if so, that it will hasten more rapidly the Conviction of tlie People, that they must separate from England. He remarks, that the Use of Location Tickets at once nullifies the Freeliolders throughout the Province, and the Men returned to the Assembly must be the Representatives of the Tei.ants at Will of the Crown, and not of the Freeholders of the Province ; and adds, "you know the People will not long bear this." These are the Observations of Gentlemen whom I know to be warmly attached to the Preservation of the Connexion between the Two Countries, and to monarchical Institutions. It is true they write from a Scene of much Violence and Excitement ; but making every possible Allowance on that Ground, when such Conclusions are forced upon the Minds of such Men, there can be but little Doubt that there is much to alarm even the most indiiferent. I make these Statements to your Lordsliij), becuise I foresee that if Sir Francis Head is continued in the Government of Upper Canada, and the same flital System pursued in the Administration of its y\ffiiirs, Separation from the Mother Country is inevitable, and I am most di -irons that when that Event takes ])lace I at least may feel fully acquitted of having omitted any thing which might, by placing belbre your Lordship the real State of the Country, have led to a more happy Result. I have the Honour, &c. That a to solicit County, o to the R( Distance c County ; ; and also ; Places, am in one inst 2d, Th; has been ii tenac, and view of ov County. 3d, Tha currently r holding th( successive Hustings 1 Representa in a consid 4th, TliE Opinion, tl mentioned must be res Officer in Jury of his lletbrmer ) icn Right Honourable Lord Glenelg, &:c. tkc. &c. Robert Baldwin. May il We the Excellency' the followiii " that then " cate the " of Foreig " the Nam " mulgate, with whicli Militia, whi adequate Cj of the Coui Excellency l The ubov Dejiutatic lie, J. Andei (41.) ON THE SUBJECT OF CANADA. 29 At a Meeting of the Constitutional Reform Society of Upper Canada on Friday the lOtli June, W. W. Baldwin, Esquire, in the Chair, the following Resolutions were unanimously adopted : — 1st, That it is currently reported that the Executive of the Province Imve fixed upon tiie following Places in their respective Counties for holding the ensuing Elections ; viz.. Nelson in the Co. Ilalton. Kingston in the Co. Erontcnac. Beverly in the Co. Leeds. That a Gentleman was deputed by the Electors of the County of Ilalton to solicit His Excellency to alter the Place for holding the Election in that County, on tiie Ground that it is at the extreme Boundary of the County, close to the Residence of Mr. Chisholm, one of the Tory Candidates, and at a Distance of Thirty or Forty Miles fiom the most populous Townships in the County ; that His Excellency admitted that tiic Place fixed on was improper, and also admitted that he had received many similar Complaints from other Places, and gave tliat as a Reason why lie could not alter the Place of Election in one instance, as he would have to do so in others. 2d, That it is the first Time for many Years past that the Town of Kingston Jias been named as the Place for iiolding the Election for the County of Fron- tenac, and this Meeting cannot help fearing that it has been fixed on with a view of overawing by means of a Tory Mob the independent Yeomanry of the County. 3d, That it is with still deeper Regret that this Meeting finds that it is currently reported that Beverly in the County of Leeds has been fixed on for holding the Election for that County, it having been the Place where at Two successive Elections the Freeholders of the County were driven fiom the Hustings by a Body of armed Partisans, and Two Individuals returned as Representatives by Violence, who when a fair Election was obtained were left in a considerable Alinority. ■Ith, That this Meeting is constrained solemnly and deliberately to record its Opinion, that if Violence and Bloodshed ensue at the Elections in the before- mentioned Counties, the Person administering the Government of this Province must be responsible for the Consequences, more particularly as the Returning Officer in one of these Counties is an Individual who has been convicted by a Jury of his Country of a most unprovoked and wanton Assault on that sterling Reformer W. L. Mackenzie, Esquire. (Signed) W. \V. B'.DwiN, Chairman. No 15. Lord Gleiielg to Sir F. B. Head, SOth July isyci. Enclosure. % To His Excellency Sir F. B. Head, &c. &c. May it please Your Excellency : We the undersigned Electors of the City of Toronto have read in youi Excellency's Answer to the Address of certain Electors of the Home District the following Language : — " They (the People of Toronto) are perfectly aware " that there exist in the Lower Provuice one or two Individuals who incul- " cate the Idea that this Province is about to be disturbeil by the Interference " of Foreigners, whose Power and whose Numbers will prove invincible. In " the Name of every Regiment of Militia in Upj)er Canada I publicly pro- " mulgate, 'let them come if tliey dare.'" We do not doubt the Readiness with which would be answered uj)on any Emergency your Appeal to the Militia, which Appeal we are satisfied would not have been maile without adequate Cause. In a Matter so seriously affecting the Peace and Tranquillity of the Count' \', and the Security of its Commerce, we beg to learn from your Excellency fiom wliat Quarter the Invasion is alleged to be threatened. The above was presented on Saturday the 1 Ith instant at Two o'Clock. Deputation— Messrs. llincks, Dr. Tims, Doel, Alexander, Beattie, Wm. Less- lie, J. Anderson. ■l::'-i|| v-m (4L) D 3 ,:^^^Jm* 'y^y^^ii:^ ^mm^^^m^'^im^*^ "Sib SO DESPATCHES EROM LORD GLENELG No 15. Lord Glenelg to Sir F. B. Head, :JOth July 1836. Enclosure. Governor's Answer. Gentlemen,— Tlie Idea which is inculcated by one or two Individuals in the Lower Province, *' that this Province is about to be disturbed by the Inter- " fcrence of Foreitijners," is too notorious to bo denied, and I have therefore no further Obsci .nions to make to you on this Subject. (^ The Hamilton Gazette contains the Account of a Dinner at Springfield, attended by Mr. E. ^^^ Thomson and other Opponents of Mr. Mackenzie, where the Tunes were, " Tlie Boyne Water," *' Protestant Boys," and " Croppies lie " down." These Party Proceedings lead to unhappy Uitferenccs, and had better be avoided. Copy of the Extract referred to in the foregoing Letter. The Answer of your Lieutenant Governor, dated the 28th ult., to the Address of the Electors of the Home District, was received here and in Albany with equal Surprise and Regret. The State of New York is not directly referred to ; but our local Position in relation to Upper Canada is sucii, that we are almost constrained to believe that our own Citizens are intended by the Designation of " Foreigners," whose Interference is deprecated. I gave a Cojjy of Address to Governor Marcy, and he would not hesitate to notice it officially, if under the Circumstances he could do so with Pro- priety, but he does not perceive that he can. I am however authorized by him to say, that he does believe not a single Citizen of this State entertains the Design of interfering in any Maimer with the political Aftairs of Canada, nor has he ever heard such a Design imputed to any Individual. If your Lieutenant Governor had thouglit proper to communicate to the Executive of this State the Grounds on which the Intimation referred to was thrown out, a Course which certainly seems due to the friendly Understanding subsisting between us, it is believed that all Cause for Suspicion would have been removed, so far as the Citizens of this State are concerned. As it is, we cannot but think that great Injustice has been done to us, by ascribing to any of our Citizens criminal Designs of which they are innocent, and to the People of Canada, by exciting Distrust and Alarm for which there is no Shadow of Foundation. You may rest assured, that the universal Desire of the People of this State, and of our Sister States, is to maintain unimpaired the Relations of Friendship which happily exist between the United States and Great Britain ; and that the Authority of this State and of tiie Union would be promptly interposed to put down any Attempt on the Part of those subject to their respective Jurisdictions to interfere with tiie political Concerns of Canada, or any of the British Dominions. It is no more than just to the Citizens of the United States to add, that a recent Instance of Magnanimity on the Part of Great Britiiin has strengthened tiie Desire to which I have referred ; and I am sure that the moral Sense of our whole Community would revolt at the Idea of repaying that Act of Friendship with bad Faith, which your Lieutenant Governor, as we suppose, intended to attribute to some of us. My I Althouj Upper Ca take the 1 your Lore in that Pi the Princi felt it my Lordsliip with refer Governor appears to with the ]\: sliip, I am I would following . from Upp Lieutenant and Priiicij Executive thus pressi abandon tl joining, to;. tation to ] soliciting n Success t)f of the Cro his Speech " unprecec Responsibil I feel as! and, above ship's Desj) " than any "jesty's E be better i having it e himself as Govern mei moreover, Lordship ii unreasonabl commtmica to tiie best TJie Right Mr. naldwin, 20 June* \Wk Mr. Stepiic n, 2'< J une -- Mr."Ba ld»in, 1 3 Jul y~:i~ Do. Hi July — Do. 2(! July ( Copy cnrloMHl hi Dt>8p.itcl) J)f^ July, No. 811.) S ir C. CircyrSlfJu iyTKiiT. Sir. Baldwin, 2«jJul)'--. Si r G. Grey, 4 Aug. — Mr. Daldwin, 4 Aug . — SlrO Gro y, 12 Aug. — Wr. Ba ld win, 12 Au g. — _ Do. Do. air G. Grey, 17 Aug. — No. 16. (No. 80.) Copy of a Despatch from Lord Glenelg to Sir F. B. Head, k.c.h. Sir, Downing Street, 20tl) August 1836. With a view to prevent any Misapprehension as to the Nature of the Communications which, since his Arrival in this Country, have uccv. addressed to me by Mr. Baldwin, I have the Honour to enclose herewith, for your Information, Copies of all the Correspondence which has passed between that Gentleman and this Department. I have, &c. (Signed) Glenelg. Sir, I am din of the iiOtii Lordshi]) wi ticulars of in so far as to observe, from every i present Tim have recent) accepts with tiiat Subject, be more ad\ (H.) :*^!?y«ir ON THE SUBJECT OF CANADA. 31 /idiials in the Inter- tlierctbre pringfield, zie, where roppies lie unci had :., to the in Albany )t directly such, that led by the )t hesitate witli Pro- lorized by entertains )t" Canada, . If your Executive irown out, subsisting [1 removed, lannot but any of our People of Shadow of lie People Relations at Britain ; promptly :t to their anada, or ens of the lie Part of ed ; and I olt at the ieutenant My Lord, Trinity Court, Charing Cross, 20th JuTie, 1836. Although not the Agent for the Petition from tin- House of Assembly of Upper Canada lately presented to the House of Commons by Mr. Hume, I take the Liberty of most respectfully requesting Permi*.>tiou to state fully to your Lordship personally the Particulars of the late political Transactions in that Province, ns (ar as I Iiave myself been connected with fliem, and the Principles by which 1 was governed in a. opting the Course which [ felt it my Duty to take on that Occasion ; anc. also < ♦' laying h'fhrc your Lordship fully and frankly my View of the present S- ite of the Province, with reference to the great Question now at issue bet ween the Lieutenant Governor and the House of Assembly ; and respecttiiily submitting what appears to me to be tiie only possible Means of preserving the Connexion witii the Motlier Cnuntry, which, permit me most solemnly to assure your Lord- ship, I am most sincerely anxioii- to peqietuate. I would take the Liberty ot ailing your Lordship's Attention to the Two following Facts, already before your Lordsiiip in the Documents transmitted from Upi)er Canada ; first that it was at the earnest Solicitation of the Lieutenant Governor Iiimself, atber a full and frank Explanation of my "Views and Princij)les, that I was most reluctantly induced to accept a Seat in the late Executive Council, and that I was afterwards compelled to resign the Place thus pressed upon me by having been called upon by His Excellency to abandon those Princij)les or retire from his Confidence ; and, secondly, that for joining, together with my Colleagues, in a respectful and confidential Represen- tation to His Excellency, recommending what His Excellency, previous to soHciting me to take Oflice, knew me to consider ab>olutely necessary to the Success of his Government, I and my late Colleaijcues, most of them Servants of the Crown of long standing, iiave been denounced by His Excellency in his Speech from the Tlirone as " having officially combined together in an " unprecedented Endeavour to assume " what His Excellency considers his Responsibility. I feel assured that when your Lordship calls these Circumstances to mind, and, above all, considers that " the ])resent," to use the Terms of your LoriU shi})'s Desj)atch to Sir F. Head, "is an Era of more Difficulty and Importance " than any which has hitherto occurred in the History of that Part of His Ma- " jesty's Dominions," and that it is at least possible that your Lordship may be better able to come to a satisfactory Conclusion upon the Subject after having it explained by One who was considered by the Lieutenant Governor himself as capable of being, in some degree at least, useful to His Majesty's Government in the Administration of the Aflairs of the Province, and who, moreover, was himself in part an Actor in the very Affairs upon which your Lordship is called upon 1 i decide, your Lordship cannot justly consider as unreasonable the Request which I now make for the Honour of personally commimicating with you on a Subject so important to myself personally, and to the best Interests of my native Province. I have, &c. The Right Hon. Lord Glenelg. (Signed) Rodert Baldwin. &c. &:c. &c. I.. No. 16. -il Gleiiflg to Sir F. B. Head, «Orh Aug. 1836. Enclosures. , C. H. gust 1836. ue of the addressed for your ween that '{ELG. '*^"'> Downing Street, 28th June 1836. I am directed by Lord Glenelg to acknowledge the Receipt of yoiu- Letter of the '.2C)th Instant, transmitted to him by Mr. Hume, reciuesting that his Lordshij) would atlbril you an Opportiuiity of stating to him personally tiie Par- ticulars of the late political Transactions in the Province of Ujjpcr Canada, in so far as you ha\e been connected with them. In reply Lord Glenelg tlesires to observe, that he is solicitous at all Times to recei\e the ftillest Inibrmation from every Quarter relating to the Interests of the British Colonies, and at the present Time more especially, relating to Upj)er Canada, and tiie Events which have recently taken place in that Pro\ince. His Lordship, however, while he accepts with Thankftdne.ss your Offer to make some Coninuuiications to him on tliatSubject, is yet inclined to think that, under existing Circumstances, it would be more advisable that such Comuuinications should be made in Writing than 0"lO D 1, in ,1. ! I ^S'!l^:JitVt^.\\K :}r%M* ^^^^-»^ ■ lJliflW ll .i l - I ' l l r^ - mmmtmrnm 98 DESPATCHES FROM LORD GLENELG No. 1(>. Lord (ilcnclg to Sir I". 15. Head, '20th Aupust \><'M\ Ki)clo.surc$. in Conversation. lie requests therefore that you will bo so good as to favour him, in Writing, with such IntelHgence and ()l)servations as you may tiiink of Importance to bring uiuler the Consideration of (lovernnicnt. I liave, &c. Robert Baldwin, Esq. (Signed) J. Stephen-. &c. &c. SiC. 'I; Trinity Court, Clmriiig Cross, My Lord, latii.iuly ikiu;. I have to acknowledge the Receipt of a Letter from Mr. Stephen, in reply to mine of the GOtJi ultimo, retpiesting the Honour of an Interview with your Lordship on the ])ublic and private Cirounds referred to in my former Letter. As your Lordship does not deem it advisable to accede to my Request for a personal Interview, I will not tres])ass on your Lordship's Time by any further Reference to myself, or the Injustice of which I, and indeed all my late Col- leagues, have Reason to complain, of having received at the Ihuuls of the Lieutenant (jovernor. More than enough is already bet()re your Lordship to place this in a very strong Light. Your Lordship, I feel assured, cannot approve of the Conduct of Sir Francis Head, however necessary you may imagine it to be not publicly to condemn it ; and I cai\ personally have no Desire to ])ursuc the Subject. I will only take the Liberty of assuring your Lordship, that, as it was no Desire of Place that induced me to accept the Seat pressed ujion nie by Sir Francis Head, nothing but a Desire of justifying myself to the (lovernuient under which I was born, and to which I am both l)y Duty and Ati'ection still most warmly attached, could, as far as I am myself j)ersonally concerned, have induced me to trespass on your Lordship by the Request. I shall take it for granted, however, that your L^rdshij) will do us tin* Justice to point out any Particulars in our Conduct on .ne late Occasion v.iuch in your Estimation may appear culpable, or such as to call for further Iv' p'uiation. But, my Lord, I am deeply inij)ressed with the Resjumsil Mty which the present State of Upper Canada necessarily throws upon every Man connected with it. .' s my native Country, its Prosperity is necessarily to me an Object of the most intense Anxiety. Educated in the warmest Attafhment to the Monarchical Form of Goverumeut, believing it to be the best adap'.ed to secure the Happiness of the People, and fully sensible tiiat it can be mriut;uned in U])per Canada only by means of the Comiexion with tl:e Mother Coiu,try, I have always been most earnestly anxious for the Continuation of that Connexion ; I believe it to be now endangered ; I sincerely believe the Crisis to have arrived which is to decide the ultimate De.'tiny of Uj)])er Canada as a Dej)cndency of the British Crown. I feel therefore that it would be criminal in me to refuse Compliance with yoin- Lordslii])'s Request to communicate with you in Writing on the Subject of the present State of that Province, and the Events which have recently taken place there. At the same Time, I cannot but feel that, although there may be some Advantage in this Mode of Communication, where Prin- ciples are merely to be laid down, they are more than counterbalanced by the Disadvantages attendant upon it where Principles are not only to be laid down but discussed, and the Details cotmected with them, and the political Situation of a Country in a State of high and dangerous Excitement, enlarged upon and dis])osed of I shall however, as clearly as I can, state to your Lordshi]) my View of the present State of tiie Province with reference to the Princi))le contended for in the recent Memorial li-om the House of Assembly to the Imperial House of Commons, and the \'alue and Im])ortance of that Principle in jiroducing Har- mony among the several Branches of the Provincial Legislature, and inspiring the People with Confidence in the Home and Provincial Covernments ; and will conclude with most respectfully submitting my ()])inion as to the Coiu-se which, with all Deference fb; the Opinions of others, it a])pears to me to be absolutely necessary should be promptly taken for preserving the Connexion of that Colony with the Mother Coimtrj'. If it is the Desire of the Mother Country, which I of course assume it to be, to retain the Colon j', it can only be done either by Force or with the Con- sent of the People of Cjjper Canada themselves. I Uike it for granted that Great Britain cannot desire to exercise a Government of the Sword, and that she will 9 therefore therefon of the P this Foo Provinci without be such ciently p Uuir Fe People s That heretofor cursory containct stratc. a much until late Lordshi] sition, re; of the h Confiden tended pertaining Country, in a Mmc mmmam' ,^i£ ON THE SUBJECT OF CANADA. 88 !i to favour ly tliink of PHEN. !liiiriiig Cross, 18:i(i. in reply to witli your r Letter, quest for a luiy further ly'late Col- uuls of the L>ortlslup to cd, cannot you may llv liave no uriuj; your ■pt tlie Seat yiiifj; myself th by Duty f personally lequest. I > Justice to icli in your nation. which the ! connected an Object nt to the to secure nt;iinetl in try, I have nexion ; I :ue arrived lentlency of e to refuse in ^\'riting which have t, although lere Prin- ced by the aid dosvn Situation rged upon lew of the uled for in House of ucing Ilar- ispiring the and will irse which, absolutely iiat Colony sume it to h the Con- that Great lat she will therefore GncloMures. therefore only govern the Canadas so long as she can do so with the Concurrence ^1°/}^' , of the People. For the Purpose, therefore, of continuing the Connexion upon "*" j^'^"'^'^ this Foothig, it is absolutely necessary, first, that the political Afacliinery of the sir F. B. Head, Provincial Government should be such as shall work harmoniously witJiin itself, 2O1I1 August 1836. without Collision between any of its great Wheels ; and, secondly, that it should be such as that the People may feel that they have an Influence upon it suffi- ciently powerful to secure Attention, not only to their abstract Rights, but to tJieir Feelings and Prejudices; without regard to these, you can govern no People satisfactorily or successfully. That the Constituti(m of Upper Canada, administered upon the Principles heretofore applied to it, has failed to accomplish either of these Objects, a very cursory View of the History of the Colony, without reference to the Admission contained in one of your Lordship's late Despatches, will sufficiently demon- strate. It may however be well to state, that the Difiereiices alludeil to are of a much earlier Date than appears to be generally known in this Country, or until lately to have been recollected even in the Departnient over which your Lordship presides. As early as in the Provincial Pa>liament of lS-2() an Oppo- sition, respectable, if not formidable, both in Talent and Nunibtis, existed ; some of the leading Members of which not only exjiressed tlieir entire Want of Confidence in the Provincial Executive, but adopted tiie Principle now con- tended for as a Part of their political Creed, and assumed it as necessarily pertaining as much to the Provincial Constitution as to that of the Mother Country. During the whole of that Parliament the Opposition were generally in a Mmority. In the Parliament of IS'il- and in that of 18'J8 the Executive were uniformly in an inconsiderable Minority. In that of 1830, owing to Circumstances to which it is not worth while now to allude, the Executive obtained a Majority; but in that of 1831. they were again in a Minority. So that, taking the Twelve Years from 18'^1. to 183(1, the Provincial Executive have been in the Minority for Eight Years and Three Parliaments, and have had a Majority only for Four Years and One Parliament. During the whole of this Time also the House of Assembly were constantly passing Bills which the Legis- lative Council as uniformly threw out. As, therefore, the present Constitution, administered upon the Principles heretofore applied to it, has failed in both Particulars, 1 mean in working smoothly itself or satisfying the People, it necessarily follows that something must be done to accomplish the Objects desired. To this end Foiu- Remedies liave been proposed : — First, to make the Legislative Council elective ; secondly, to abolish it ; thirdly, to concede cert;iin isolated Points which have been earnestly called for by the Re])resentatives of the People ; antl, fourthly, to put the Executive Council permanently u])on the Footing of a local Pro- vincial Cabinet, holding the same relative Position with reference to the Repre- sentative of the King and the Provincial Parliament, as that on which the King's Imperial Cabinet stands with resj)ect to the King and the Parliament of the Empire, and applying to such Provincial Cabinet, both with respect to their Appointment to and Continuance in Office, the same Principles as those which are acted upon by His Majesty with respect to His Imperial Cabinet in this Coimtry. The Two first Remedies, if not inexpedient, I look upon as at least wholly insufficient of themselves to accomplish the Objects desired ; the third as equally insufficient of itself to do so ; and the last as the only Remedy by the Application of which fliose Objects can be attained, and Upper Canada pre- served to the Mother Country. First, The making the Legislative Council elective I look upon as inex- pedient ; among other Reasons, because I am of opinion that the Institutions of every Colony ought, as nearly as possible, to correspond with those of the Mother Country. The Upper House of the I muerial Parliament not being elective, I would therefore not have the Upper House of the Provincial Parliament elec- tive, unless under the Pressure of an absolute Necessity. I moreover disapprove oftlie Adoption of such a Measure, at all events at present, because it is, as a general Principle, inexpedient to make an Alteration in the Form of the Con- stitution of any Country until the Necessity for such Change has been demon- strated by }jutting into full and efficient Operation the existing Constitution in all its Details, which cannot be said to have been done with that of Upper ('HO E Canada m\ f n, -5^i.-.a?fe^4i^.-. li-^gc^ -^^^m^^ Si DESPATCHES FROM LORD GLENELG No. 16. Lord Glenelg to Sir V. B. Head, 'iOth August 1836. Enclosures. Canada iiiUil the Executive Council is practically converted into a Provincial Cabinet for the local and internal Affairs of the Province. Had this been done Ten or Twelve Years ago, when the Executive first found themselves in a decided and uniform Mi ority in the Provincial Parliament, I am satisfied itivt an elective Legislative Council would not now have been thought of. And I am not without Hopes, although they may ])rove fallacious, that is not yet too late, by the Adoption of this Principle, to render such Change in the Constitution unnecessary ; but at all events, as a Remedy amounting merely to the Appli- jation of an English Principle to the Constitution as it sYands, it ought yet to be tried fidly and fairly, previous to resorting to the more violent Measure of a Legislative Change in the Charter. It is but right, however, to inform your Lordslii}), that although my Opinion of the Inexpediency of such a Change in the Organization of the Legislative Counsel is concurred in by many, I believe a considerable Majority of the Reformers of the Province {^which every Day's Delay is increasing) think that such Change will ultimately be found necessary. After the Intimation containeil in your Lordship's Despatch, and out of Regard to the Opinions entertained by us, who on this Point differed from them, they were howe\ er willing to drop the Question cf an Elective Legislative Council 'Uitil the Constitution as it is should have been fully and fairly tested by the Aj)i)lication of tiiose Principles which have been found so valuable and necessary in tlie successful working of that of the Mother Country ; and whatever may be the Opinion entertained as to the Exj)ediency or Inexpediency of making the Legislative Council elective, I believe none exists as to such Change being found wholly insufficient of itself to accomjilish the Two Objects desired. The making the Legislative Council elective might convert that Body into an addi- tional Engine of Hostility against the Executive Government, but could never superseile the Necessity for the Concessiou of the Principle contended for ; Resistance to the Concession of tin-? Principle may drive the Reformers into Unanimity in the Call for an elective Legislative Council, but it will only be as a Means, and not as an End ; and when that State of Things arrives, be assured Ijiglaiid will have lost her last Hold upon the AJfections of the great Mass uf the People of Upper Canada. That such Change in the Constitution of the Legislative Council would not be found to produce Ilarmonx' between the Three Rranches of the Provincial Government will readily be admitted, when it is remembered that the Collision which has produced so much Evil has not been merely between the Representative Branch of the Government and the Legislati\e Council, but between the Representative Branch and tlie Executive (lovernment. The Complaint has always been of the Influence of the Executive upon the Legislative Council, and not of the Influence of the Legislative Council upon the Executive Government. It were idle, tiioretbre, to expect Unaniuiity while you have untouched the main Source of Discord. Secondly, To the Projjosal to abolish the Legislative Council, although most of the Reasons against making it elective will etpially apply, it may, ii, addition, be urged tliat a second Chamber of some Kind has, at least in modern constitutional Legislation, been deemed essential to good Government. It has not been disi)enseil with in any of the new Constitutions of any of the neighbour- ing Republics ; and has, in more Instances than one, been not long since adopted as an Improvement to the j)olitical Machinery of Government, where the j)re- vious Constitution luul continued no such Provision; and, moreover, the .\bo- lition of the Legislative Council has not been asked for by any Portion of the Canadian Peojjle. Anil as to the third Remedy proposed, that of conceding certain isolated Points as they arise and are called for, I will only say that the whole History, not only of the Canadas but of the Colonies in general, shows that such Course, asuMeans of producing ])ermanent Satisfaction and Harmony, has wholly failed. Nor, indeed, does it appear to me to recjuire much Consideration to convince any one of the Insiilliciency of this as a permanent Remedy. In the first place, such Concessions are never made, and, under the present System, never will be made, until after such a prolongetl Struggle that when they come they are always lelt to have been wrung from the Ciovernment, and not to have jjro- cecded from a Sense of the .lustice or Ex])ediency cf granting them ; they never remove the Distrust which is felt of the Provinciid Executive (jnerii- uient i ■Is tliis Princ Legisl 'lublic ON TFIE SUBJECT OF CANADA. 35 Provincial been clone selves in a tisfied thut )f. And I lot yet too onstitution the Appli- iglit yet to jatsuie of a ifbrm your Change in y, 1 believe very Day's I necessary. ; of Regard them, they Lve Council ited by the d necessary ver may be making the lange being lired. Tlie ito an addi- ;ould never tended for ; brmers into ,vill only be arrives, be jf the great Jonstitiition nv between admitted, much Evil overnment li and the nHuence of jnce of the , tiievefore. Source of , altliough it may, ii. in modern nit. It has lU'ighbour- iice adojited •ra the pre- the .\bo- tiou of tile liu isolateil e History, ich Course, lolly failed. omiiiceany liist jilace, "ver will be le they are o have jiro- hem ; they ve (jc iTii- nieiit ; Enclosures. fncnt ; the;' leave untouched the great Evil of the disadvantageous Comparison No. IG which is constantly before the Eyes of the People when tliey look at the Admi- ^^^^ Glenelg nistration of the Imperial Government by tlie King, and that of the Provincial gj^. p B"He.,j Government by his Representative. They see the former always so far con- 20th August IssG. suiting the Wishes of His People as never to keep in his Councils Persons who have not the Confidence of their Representatives ; while in the Administration of their own Government they see the mere Representative of that Sovereign constantly surrounded by those very Individuals of whom, sometimes with Reason and perhaps sometimes without, they have become distrustful and jealous ; and they very naturally ask the Question, Why are not our llejiresen- tatives to be paid as much Attention to by the King's Deputy as the Repre- sentatives of our Fellow Subjects in England by the King himself? Astute Reasonings may no doubt be framed, and fine Distinctions, drawn upon the Subject ; but this is a plain common-sense and practical View of it, out of which, be assured, it will be impossible, ultimately to persuade the Yeomanry of Upper Canada. You may indeed, by strenuously insisting on the Inapplicability of tliis Principle to their Situation, drive them to insist on a more extended System of elective Institutions. By refusing what no one can deny to be an English Principle, the same upon which your I^ordship and your Colleagues were selected to fill the high and responsible Situations which you hold in His Majesty's Councils, the same by which you at this Moment continue to retain those Places, you may indeed divert their Attention to another Direction, and drive thetn to call for the Power of electing their own Governor and their own Executive, but you never can persuade them to abandon the Object of obtaining more Influence than they now possess through their Representatives in the Administration of the Executive Government of the Colony. I now come to the Consideration of the fourth Remedy, which consists of nothing more than having the Provincial Government, as far as regards the inter- nal Affairs of the Province, conducted by the Lieutenant Governor (as Represen- tive of the paramount Authority of the Mother Country), with the Advice and Assistance of the Executive Council acting as a Provincial Cabinet, and com- posed of Men possessed of the public Confidence, whose Opinions ami Policy would be in harmony with the Opinions and Policy of the Representatives of the Pcojile. Tlii.s, as I have before said, I look upon, not only as an efficient Remedy, but as the only efficient one that can be ajiplied to the Evils under which the Province is at present suffering. I shall avoid troubling your Lordship with any Observations ujion the Con- struction of the Constitutional Act, because, not only has the Subject already been fully entered into in the Report of the Select Committee of the House of Assembly, but I sincerely believe Matters to have arrived at that Point when it really signifies nothing whether it be or be not required by the Charter. Tlieonly Question worth discussing is, whether it is or is not expedient that the Prineipre should be ajijilied to it ; and for this Purjiose, all that it is necessary to ascertain in the first instance is, that there is notliing in the Charter which forbids the A|)plicatioii of such a Princijile. That this is the Case, as it has never bee? denied, and as the Princijile m its practical Application consists in fact mereli in the ordinary Exercise of the Royal I'rerogative, will, I tak(> it for granted be readily admitted. The Concession of the Priiicii>le tlierefbie calls fi)r no Legislative Interference; it involves no Sa'-rifice of any constitutional Prin- ci})le; it involves no Sacrifice of any Branch of the •Royal Prerogative; it involves no Diminution of the paramoinit Authority of the Mother Country ; itproiluces no such Embarrassment to the Home Goverunieiit as in the present State of the Imperial Parliament the Attempt to grant an elective Legislative Council would lie almost certain to do. Prom being an English Principle, it would strengthen the Attachment of the People to the Connexion with the Mother Country, and woiiKl place the Provincial (lovernmeiit at the Head of {uiblic 0|)iiii()ii, and enable it to influence, if not guide, that public Opinion, instead of occupying its present inviiiious Position, — of being always in direct Opposition to it. But, in addition to these Advaiitiiges, which this Remedy possesses in an eiiiiuent Degree overall others that have been suggested, it would be found efiectual fi)r the Purposes desired. Permit me to re-state those Objects: they were, first, that the dillereiit Branches of the Provincial Government should be brought to act in harmony wilii each other ; and, secondly, that tlic People m en ly (11.) E'^ uhouUl t^^'S^^^iM-.'iWM* -^^^^v^^ 36 DESPATCHES FROM LORD GLENELG .,1, No. 16. Lord Glenelg to Sir F. B. Head, 20th August 1836. Enclosures. should feel that tliey had sufficient Influence upon their Government to secure Attention to their Riglits and Respect for their Feelings and Prejudices. I am of ()])inion that this Principle, if fully and fairly acted upon, would effect hotli tho.se Ohjects. An Executive Council constituted upon this Principle wouhl, from their Situation as confidential Advisers of the Lieutenant Governor, neces.sarily have great Influence in the House of Assembly. Their Weight in the Country, as well as their confidential Situations about the Person of the Lieutenant Governor, would give them great Weight with the Legislative Council, and they would of coiu'sc from both Circumstances possess great Weigiit with the Lieutenant (governor ; they would generally, if not uniformly, be in one or other House of Parliament, and would there form a Centre of Union, and, in fact, act as a sort of Balance-wheel to the Constitution. The Measures which they brought forward, as they would necessarily have the })revious Sanction of the Lieutenant Governor, would come recommended, on the one hand by all the Weight of Executive Influence, and on the other by the Siij)port of tiiose to whom the People, both from Habit and Principle, had been accustomed to look with Confldcnce. The People would therefore be predisj)oscd Lo receive their Measures with Satisfaction and Confidence, as the Fruit of the Advice of their Friends and the Legislative Council, as recom- mended by the Servants of the Crown, whose Interests as well as Duty it was to reconmiend nothing but what was safe as well as satisfactory to the Pubhc. What it was not deemed wise or prudent to adopt, instead of being suffered to pass heedlessly through the Assembly, and lefl to be thrown out by the Legislative Council, or negatived by the Veto of the Lieutenant Governor, would be n>et in the first instance and resisted ; because every Step that such Proposal advanced would increase the Probability of ultimate Emf)arrassment to tlie Executive Council and those whose Confidence they enjoyed, who would of course be always the most powerful Party in Parliament. Such an Executive Council would necessarily feel a moral as well as political Responsi- bility for the Success of their Measines. Their permanent Connexion with the Country, as well as a Sense of Duty and natural Desire to retain Office, would neces.sarily insure their utmost Exertions, not only to procure Harmony but to proihice good Government. The People, when they saw that the King's Repr sentative would not retain Men in his Councils who had forfeited their Coiirideuce, would be the more careful in the Exercise of the elective Fran- chise, and far less likely to withdraw their Confidence from those in whom thev liad on(X' found Reason to place it. Tl at the Adoption of this Principle would, without vesting the Election of the Executive m the People, place in their Hands such au indirect Influence upon it as would be suflficient to secure Attention to their Rights, Feelings, and Prejudices, is sufficiently evident ; because, if such Attention were not paid by those in the Confidence of the Lieutenant (Jovernor, the People would have only to return to the next Parlia- ment Men who would not give them Parliamentary Support, and they would neces.sarily have to resign, and the Lieutenant Governor to appoint others who pos.sessed the Confidence of the Rej)resentatives uf the People ; A. B. and C. would go out of Oflice, and 1). E. autl F. would come in, the Lieutenant (jovenior always retaining the Power of calling into action his superintending Control with respect to the Measures of both the one and the other; and the Effect produced upon the Interests of the Mother Country being none other, thun thi't the CMiange would give Satisliietiou, and, at lea.st most probably, ensure good Government in liie Management of the internal Affairs of the Colony. But it will he said that even inider this Sy,stem Collision may arise. The Lieutenant Governor may disapprove of the Measures recommended by his Council, anil find it imjjossihie to form an Executive C'lmncil which could secure Parliamentary Supj)()rt uj)ou any other T^rms than Conce.s,sion, or the Executive (.'ouneil may find it impossible lo bring the Two Houses to an Understanding upon I'very Measure. 'I'o which 1 reply, that the practical workiiig of the Principle woiilil be sure to postixnie such Collision to the latest po,ssil)le Period. That the intermediate Stejjs of a Change of the Executive Council, and of appealing to the Peoj)le by a Dissolution, would at all events give the Home CJovernment the great Advantage of not itself coming in collision with the People till the last ftloment, and of ascertaining the exact I'oint where the Question of Con- cession would become one merely of Expediencv. In addition to which I would 8 remark, >« ON THE SUBJECT OF CANADA. 37 '■ml ; to secure udices. I ould effect 1 Principle Governor, Weight in son of tlie Legislative ssess great uniformly, I Centre of ion. The have the lended, on e other by nciple, had ercfore be nee, as the as recom- )uty it was he Public. ig suffered )ut by the Governor, ) that such larrassment oyed, who Such an I Responsi- )n with the ice, would ony but to tile King's feited their :tive Fran- ivhom they Principle place in t to secure y evident ; nee of the ext Parha- ley would others who IJ. and C. Jcutenant rintending ; and the lone otiicr, ])robably, lus of the rise. The I'd by his )uld secure Executive iding u|ion Principle 0(1. I'hat f appealing overunient )le till the 1)11 ofC'on- li I would remark, remark, that this Objection is equally applicable to the practical working of the No. 16. Principle in this Country ; with this great DitVerence, that, sii])posing the People ^°'"^ oieneig of England to be wholly unreasonable in their Demands, the Crown has in point j.;^ p jj j,^,.„, of fact no Means of Resistance ; whereas in the Case of a Colony there is, as a <;oth August isiitj. last Resort, the Application of that Power, which, independent of the Influence which a Knowledge of the Possession of it would necessarily give to tiie Repre- ugust Enclosures sentative of the Home Government in the course of tlie previous Contest, will always rest in the Hands of the Parent Stiite to be exercised when all other Means fail ; so that were the Principle a mere Experiment, to be now tried for tlie first Time, a Colony would be a safer Subject for such Experiment than the Mother Country. With respect to Collision between the Two Houses, such, under the Operation of this Principle, is surely not more likely to happen in the working of the Upper Canada Constitution than in that of the Mother Coun- try ; and the utmost that can be done by the most perfect System is to guard against the Probability, not the Possibility of Difficulties. Such Collision might happen even between Two elective Bodies, and in point of fact does happen, not only occasionally but every Day, under the Constitution as at present acted upon j and at the worst such a Case would be ojien to be disposed of in the same Way as a similar one in England, with this Difference only, that the Appoint- ment of a Batch of new Legislative Councillors is not subject to the same Difficulty that the Creation of new I'eerages is, as the Seats of Legislative Councillors are not hereditary ; and, finally, tlie ultimate Resource of maUing the Legislative Council elective, if indeed it be still found necessary to do so, will be as open to be taken as ever. It is objected, that the Concession of this Principle is inconsistent with the Preservation of the paramount Authority of the Mother Country. A\'itli respect to this I would remark, that it does not ap))car to be more so tliau the Conces- sion of the Power of Legislation, i: the one Case you vest the Power of legis- lating on the internal Aflliirs of the "olony in a local Parliament, with the Consent of the King's Representative. In the other, you leave the Executive Power in the Hands of the King's Rejiresentative, requiring only that it should be exercised with the Advice of Persons, valued by himself, but ))ossessed of Weight and Influence with the People whose local AtKiirs he is deputed to administer. It is objected, that it woulil interfere with the Patronage of the Lieutenant Governor. This also ap])ears to me to be an Error. The Power of Appointment to OfHce would remain ui the Lieutenant (Governor as at ])resent ; the Right of advising is all that is claimed for tiie Executive Council. If such b'? considered an Interference, it is such as can be exercised alone to prevent Mischief; but suppose that it actually deprived the Lieutenant Governor of every \'estige of Patronage, the simple Questi(m is, is the Patronage in the Hands of the Lieu- tenant Governor the great Object for which iMigland desires to retain Upper Canada? If this be indeed the chief or only Object, let it be candiiUy avowed. I will only remark, that the People have been lieretofc)re iiulueed to believe that the Home Government were actuated by other and loftier Motives. It is objected, that it would lessen the Responsibility of the Lieutenant Governor to the Home Government. This is a Mistake ; e\ery Act of the Provincial Government would be the Act of the Lieutenant Governor, reciuiriiig his full Consent quite as much as at present. How woukl he be less lesp()ll^il)le then to the King aiul Pailiainent of the Empire, because he acted iipt)u the Advice of tho.se who had the Confidence of the People!' The Lieutenant Governor is the connecting Link between the Goveriimeut of tlie Two Co iii- tries. You cannot make him respoiisilile to the People of tlie Province ; such Sovereign wlioiu he would be wholly inconsistent with the Respect due to the represents, and fatal to the Connexion between the Two Cc Place lor his Resonsibility to rest is in Eiigiaiu such an Influence upon tlieir Executi\ e (ioveriiment as wi ountries. 'i'he Bui you must give the iroper Vo))le II i)re\eiit the constant Jealou.sy to which it is at present exposed. Y'ou can do so only either by per mitting a direct Influence by vestng the Election of the I'Aeculive iii tin Hands of the People, which I look iipun as inexpetlieiit ami unsafe, or you niii.st i;ive them that indirect Influence which they see conslmilly exercised"^ by their L"'tllow Subjects through their Representatives in this Country. (U ) E ii With jJ*>' ,sas?.MfeQ^v;( w > 'imM^ *^>ks^^i^' S8 DESPATCHES FROM LORD GLENELG Enclosures. No. 16 With respect to tlie Objections, that the AppUcation of this Principle would Lord Giunelg ]ead to the Executive Council falling into tiie Hands oi' a few Metropolitan .Sir 1- h" H (1 Fiii"i''cs, I would remark, that it seems much less likely to have that Ettect than •iotli August 1836. the present System, and that if it had it would be an Evil for which the People would have to blame themselves only, and therefore not one which could be attributed to the Home Government, or their Representative the Lieutenant Governor, and, above all, one the Remedy for which would be in their own Hands. The same may be said as to the rather inconsistent Objections, that it would lead to too many Changes, and that there are not Persons enough in the Province qualified to fill the Office of Executive Councillor. But it is pretended that the People of Upper Canada are opposed to having this indirect Influence upon the Executive in the Hands of their Repre- sentatives. Premising that the real Value and Importance of the Principle itself cannot depend either upon what the People do really think upon the Subject, or wnat they may by Violence and Misrepresentation be persuatled to aftbrd Reasons for supposing that they think, I proceed to remark that the Pro])osition a|)pears absurd on the Face of it ; it is like an Attempt to make one believe that a thirsty Man has an Objection to receive Water, or a hungry Man Food. But what is the Fact ? As I have already stated, this is no new Principle, brought forward for the first Time on the present Occasion ; it has been before the People more or less prominently since 1820. In 1828 or 1829 it was introduced into the Address in reply to the Speech from the Throne, and continued to be so, except during the Parliament of 1830, in which the Administration had a Majority, and of course when the Executive are in the Majority, is not the Time for the practical Application of the Principle. But ill 1835 it was made the Subject of solemn Appeal to the Home Government, in an Address to the King, passed by a Majority of Twenty-one Votes, in which His Majesty was informed, that until the Principle was acted upon it could not be expected that the Administration would give Satisfiiction, or that there would be any real or jiermanent Harmony between the (iovern- ment and the Representatives of the People. The Addresses presented to Sir Francis Head since the Prorogation of the last Provincial Parliament are depended upon as showing that the People are opposed to the Concession of this Principle. If such really be the Oi)ini()n of the People, it is, to say the least of it, somewhat remarkable, that no Expression of that Opinion took ])lace after tlie Close of the Session of 1835, although in '^'le very Address to whifh I have referred the Assembly intimated their Jntentiun of withlioUling the Supplies if their Voice was not heard; that even after the Resignation of the late Executive Council a Resolution declaring it to be the Opinion of the House of A.ssembly, " that the Appointment of a n'spoimib/e Executive Council, " to advise the Lieutenant Governor on the Affairs of the Province, wa.s one " of the most happy and wise Features in the Constitution, and essential in " our Form of Government," was adopted with but Two dissenting Voices out of a House of Fifty-five Members, and that it was not until sometime afterwards that Exertions began to be made to excite even the Tory Party against the late Council, and all wiio thought with them. This is not the first Time that a Colonial Lieiiteuant Governor has had Resort to adulatory Addresses, in order to give a Colouring to his Proceedings in reporting them to tlie Home (iovernment. The Ease with whicii such Addresses can be procured is either not known or never considered. The Addresses to Sir Pere- grine Maitland in 1827 or 1828 were not less violent in their Language against the Majority of the then Assembly than have been both the Addresses and Re|)lies on the ])resent Occasion, and yet the (ieneral Election which followed left the I'Aecutive (iovernment in u Minority as small, if not smaller, than in the preceding Parliament. But should Sir Francis Head by Violence and Intimidation unhajipily succeed in jjrocuring a Majority in the next Provincial Parliament, do not sui)])ose, my Lord, that there will be the less Necessity lor the Application of thif Principle. New Ditliculties will daily spring ui), ami wiieii once the Delusion under which the popular Mind has been acted upon has j)assed away, it will return with double Pertinacity, not, I fear, merely to the Principle now asked fur, but to Chunges of a more extensive and organic Churucter. Time, I am persuaded, persuade should ai To CO but necei Upper C adopt th the inter Governo) as a Pro Cabinet the Form Cabinet, inserted the Gove of the P recalleil; with the The RiLd :■■.. ine \.iovi Right 11 1 &c 1 Sir, :'3 1 am I ti of the 1 "i^g (4.1 4 . •«/> ON THE SUBJECT OF CANADA. 89 iciple would kIctio])olitan ; Effect tlian h the People :h could be ! Lieutenant I their own tions, that it lough in the i to having iieir Repre- le Principle think upon e persuaded rk that the pt to make n' a hungry i is no new ion ; it has ^28 or 1829 he Throne, I which the are in the ciple. But overnnient, e Votes, in acted imon >atisfaction, he (jovern- resented to ainent are ncession of to say the •inion took ry Address vithhoKling ignatiou of lion of the v(j Council, e, was one essential in iig \'()ices sometime Poiy Party is not the adulatory ig them to can be 1) .Sir IVre- ige against resses and 'i followed lian in the mliai)pily It, do not lion of this Delusion '!iy, it will low asked 'iino, I am )ersuaded, persuaded, will convince your Lordship of this. I tremble lest that Conviction No. la. should arrive too late to prevent the Consequences which I deprecate. ^onl (ileneiy To conclude, my Lord, I most earnestly recommend, not only as expedient, Sir F. IJ Head, but necessanj for the Preservation of the Connexion between this Country and '^^^^ August iMsr> sary Ujjper Canada, first, that His Majesty's Imperial Government should at once adopt the final Determination, that the Provincial Government, as far as respects the internal Affairs of the Province, should be conducted by the Lieutenant Governor, with the Advice and Assistance of an Executive Council, acting as a Provincial Cabinet; and that the same Princij)le on which His Majesty's Cabinet in this Coimtry is com])osed should be ajjplied and acted upon in the Formation, Continuance in Office, and llemoval of such local Provincial Cabinet. Secondly, that this Resolution of the Home Government should be inserted in the Sliaj)e of a specific Clause in the general Royal Instructions for the Government of the Province, and formally communicated to both Houses of the Provincial Parliament ; and thirdly, that, Sir Francis Head should be recalled, and a Successor appointed who shall have been practically acquainted with the working of the Machinery of a free Representative Government. I have now stated to your Lordship briefly my Views and Opinions, and I am ready to afford any further Ex])lanations that your Lordship may desire. I may of course be mistaken in both, but I assure your Lordship that I am in my own Mind most firmly ])ersuaded, that unless the Course above recom- mended be prompdy adopted and jjursued, it will be wholly out of tiie Power of the Mother Country to prea.M've the Affections of the Upper Canadian People, although she may of course for a Time continue to retain them in Subjection to her Authority. I have the Honour to be, &c. The Right Hon. Lord Glenelg, Robert Baldwin. &c. &c. &c. Enclosures. My Lord, _ 4, Trinity Court, Tharing Cross, 16tli .July 1836. In the Letter which I Imd the Honour of addressing to your Lordship on Tuesday last, I frankly explained my own Views and Opinions, and informed yom- Lordship of the Extent to which I was convinced thev were concurred in by the People of Upper Canada. All howe\'er that was asked in the Repre- sentation from the late Executive Council to the Lieutenant Governor was, that the Council should be consulted on the Affiirs of the Province, or the Public made aware generally that they were not uniformly consulted upon them, I feel it a Duty to call your Lordship's Attention to this Circumstance, because I cannot state that all my late Colleagues concur to the full Extent in my \'iews and Opinions ; and it would be uncandid towards you, and might be unjust to them, to permit your Lordship to suppose that theij went further than the Representation itself set forth ; and your I.ordsliip will perhaps permit me to take this Opportunity, the last which will most probably present itself, of doing those Gentlemen the Justice of stating to yoi'- Lordship, that from all that passed .l\::ing the short Period of my official Connexion with them, and for some of them certainly I entertained no j)olitical Predilections which could have misled my .Jiulgnient in this Particular, I am fully convinced that in makmg the Representation to Sir Francis Head they were actuatetl by the most earnest Desire to allbrd their best Assistance in preventing Embar- rassment, and insuring to him a jjrosperous and satisfactory Administration of the Government. I have the Honour to be, &c. Right Hon. Lord (ilenelg, Rouekt Baldwin. &c. &c. kc. '^"'» ,, T Downing Street, 30t.i .Inly ISaiJ. 1 am dnected by Lord Glenelg to acknowledge the Receipt of your Letter of the Kith instant, relative to certain recent Proceedings in the Proxince of (■^•0 E 4. Upper iri; 1: ♦.^.-Qs^v^j V, . -itticm -^fi^^m^ > 40 DESPATCHES FROM LORD GLENELG :i: No. l(j. Lord Gletielg to Sir l". B. Head, 20tli August 1836. Enclosure:^. Upper Canada ; and in reply I am to inform you, that a Copv of your Commu- nication will be tran'])en and d future to he I firmly beli Lordship m; nexion betwi so favourabh (H.) riiii'niiiiii'liifiiiir' jr Commu- ions as he GUEY. ON THE SUBJECT OF CANADA. 41 Sir^ Downing Street, 12th August 1836. No. 16. I am directed by Lord Glenelg to acknowledge the Receipt of your Letter Lord Glenelg of the 4th instant, enclosing the printed Copy of an Address from the «' Reform gj^ ^ ^ jj^.^j Alliance Society " of Upper Canada. 20th August I SS6. I have, &c. R. Baldwin, Esq. (Signed) Geo. Grey. Enclosures. iring Cross, 36. 2rest which lot, I trust, ^'s Govern, of prelimi- which that the Roads, 1, upon tiie I require no on on these feel obliged Baldwin. U ugust 1836 your Letter eto : I must un- jrovernment ;he Respect h no public n a settled itions with ition of His e Attiiirs of )lished De- wiiich His Purpose to 0. Grey. iring Cross, (36. Copy of an which, as leir Views 'urliament, ALDWIN. 4', Trinity Court, Charing Cioss, My Lord, ISff August 1836. I have the Honour to acknowledge the Receipt of a Letter from Sir George Grey of the 4th instant, in reply to my Letter to your Lordship of the 28th ultimo. Sir George Grey, while he informs me of your Lordsiiip's declining to afford me the Information requested, expresses your Lordship's Desire to manifest towards me, personally. Respect and Courtesy. While acknowledging your Lordship's Politeness in this Particular, you will excuse me for expressing my full Con.sciousness of Re.spcct and Courte.sy, being both, as your Lordship admits, my Due ; and permit me to assure you, that I should never have done yc iir Lordshi]) the Injustice of assuming that any Course which you might deem it your Duty to take could have been meant to sliow Want of personal Respect or Courtesy, my Right to which I knew that I had never forfeited. Nothing, as I have before assured your Lordshi]), could have induced me to trespass on your Attention, but u Sense of Duty arising from what I believed, and still believe, to be a j)eculiarly dangerous Crisis in the jjolitical Affairs of Upper Canada ; and yoin- Lordship will, I am sure, give me Credit for being free from any Desire to violate any settled or necessary Rule of official Corres- pondence. Since I last had the Honour of addressing yCur Lordship, it appears by the Accounts in the public Papers that Sir Francis Head has succeeded in procuring a Majority of Members ready to support him and his present Council in the new Parliament. I candidly admit to your Lordship, that I did not believe that His Excellency, with all liis official Influence, and all the Violence to which he has resorted, would have been able to have accom])lisiied this. The Event of these Elections does not however in the least lessen the Necessity for the Adojjtioii of the Princii)!e contended for in the working the Macliiiiery of the Provincial Government, though it will of course postpone the Period for again calling for iLs practical A])plication. I however once more take the Liberty of entreating your Lordshi]) not to suffer yourself to be led away with the Supposition that the Peo|)le of U|)per Canada are opposed to the Princi])le ; they inmj be in favour of Sir Erancis Head and his jjresent Executive Council, but to suppose them opj)osed to the Principle in itself involves, if not an Absurdity, at least a Conclusion so inconsistent with the natural Inqjulse of the Human Mind as to render the Adoption of such Sup- l)osition a certain Foundation of future Mischief. The U])i)cr Canadians see tins Princii)le in fiill and beneficial Operation in the Mother Country, and they will not be satisfied witl; being told that, though very good for their Fellow Subjects in England, it is very luifit for them. The Fact of the Government having a|)pealed to the People by a Dissolution, and awaited the Result of that Ap])eal, is, it is true, of itself, as far as it goes, a ])ractical Application of the Principle contended for; but I cannot omit this Opjiortunity of once again Tirging the Ex])cilicncy of your Lorilshi])'s not losing the j)resent ()])p()rtunity of confirming the Attachment of the Peo])le to the Mother Country by an <)])en and direct Avowal that the Princi|)le thus already so far a])i)lied is in future to be fully carried out and unitbrndy acted u])on. Such a Course would, I firmly believe, conciliate Affection and confirm Confidence, both which your Lordshi]) may be assured are most necessary to the Preservation of the Con- nexion between the Two Countries. Let the present 0])portunity pass, and one so favourable may, most probably will, never again occur. (11.) F I cannot f\ ■'f%_.1M, '>ifJ^^^^w-^^mmmmmfismmmi>-;.*m(mmm u DESPATCHES FROM LORD GLENELG Enclosures. iordcl*!! 1 ^^^' Downing Street, 17th August 1836. ^^eiieg J ^^ directed by Lord Glenelg to acknowledge tlie Ry%^&. -^*j^i»<»' ..v^miMimm 46 DESPATCHES FROM LORD GLENELG No. ly. On referring to the Despatches which I have addressed to you since your I.oril (;kiitl(; Arrival in the Province, you will perceive that it has been my goo(' Fortune to Sir 1' u'niad. ''^^^ ^^^^^^ ''"^'^ ^^ approve every considerable Measure which you li.ac adopted sthSipt. iH'Mi. and reported to nie. Some occasional and minor Difierences of Opinion, may, indeed have subsisted between us, but not more important or numerous tiian such as must, in the Conduct of ])ublic Affairs, occur between those wlio claim for themselves, and respect in eacli other, the free Exercise of an independent Judgment ; I am therefore happy to think that no Reason for withholding or delaying the (Jlrant of a Baronetage, could be derived from a Consideration of the Publicity which would thus be given to His Majesty's favourable Estimate of your i)ast Services. But to the immediate Indulgence of the Wish to confer on you this Dignity an unexpected Impediment has very recently arisen. On the Day before the Prorogation of Parliament a Petition from Mr. Duucombe was presented to the House of Commons, in which that Gentleman, claiming for himself the Credit due to him as a Member of the Assembly of Upper Canada, and pledging his personal Honour to the Truth of his Statements, made various Allegations, ini|)ugning your Character and Conduct in respect to the recent Elections. Your Despatch of the iGth July had unfortunately not then reached me ; but Sir George Grey, in his Place in the House, asserted in the strongest Terms his Disbelief of tliose Accusations, and his Opinion, that to prefer them in tills Country, where they could not be subjected to any Inquiry, rather than in tlie Province itself, where their Truth might have been immediately investi- gated, was an Act of Injustice towards you. He pledged himself, however, that you should receive a Copy of the Petition, for such Explanation as you miglit be able and disposed to offer. In fulfilment of that Pledge a Copy of that Petition accompanies this Despatch. I adopt the Opinions thus expressed by Sir George Grey. His Majesty's Ministers are convinced that it will be in your Power to repel every Part of Mr. Duncombe's Charges. This was indeed their Persuasion, even before the Arrival of your Despatch of the iGth July, which however, although of neces- .sity only general in its Terms, is abundantly calculated to set at rest every Anxiety on the Subject. If then it were necessary to refer only to personal Conviction, there could be no Reason for any Delay in granting what is so anxiously sought. But this is an Occasion on which it is not permitted to public Men to substitute the Persuasion, however confident, of their own Minds, for Proofs which would be equally satisfactory to others. A Charge, vague and general in its Nature, or proceeding from an anonymous or unworthy Antagonist, might have been passed over without Notice ; but this is an Accusation, specific as well as grave, and preferred before the House of Commons by a Gentleman who has himself the Honour of a Seat in the Provincial Assembly. Such Imputations, advanced on such Authority, in such a Place, are entitled at least to that Degree of Respect which shall secure for them an attentive Hearing and a patient Inquiry. It remains therefore that you should furnish me with your Answer to Mr. Duncombe's Petition ; and I have His Majesty's Permission to assure you, tliat if, as I cannot doubt, that Answer shall prove complete and satisfactory, the Rank of Baronet will be immediately conferred upon you. Having acknowledged the Receipt of your Despatch of the 23d of July, No. Gu., in which you request Authority to retract the Assurance given by HLs Majesty respecting the future Appropriation of the Revenues of the Province, I cannot close this Communication without adverting to tiie general Policy which, under the present Aspect of Affairs in Upper Canada, His Majesty expects and requires you to pursue. As our official Intercourse is distinguished on your Side by a becoming Frankness in the Expression of your Opinions, so I am j)ersuaded that I shall best consult your Wishes and manifest my Respect for your Character by addressing you with a corresponding Freedom iron) Jlcserve, When When for your ( the Hous( guided b which my nor were were, on public At World, sistent At between The E but has r Authority tions, I sh having cii ])roving pursue in the existii was their the Fraud this King have been and Tranq of a Sover had been poses. Tl live of the The Te received I elusive Pn Obstacle, 1 Report of important Measures ; to be her depend wl of Regret, You pr new Asse given by t which oug be endure above all ments int( indifferent sequence i ON THE SUBJECT OF CANADA. 47 »u since your h] Fortune to li.cve adopted )pinion, may, iinerous than )se wlio claim independent i-ithholding or nsideration of le Estimate of I this Dignity ay before the jsented to the elf the Credit 1 pledging his s Allegations, int Elections, reached me ; the strongest o ])refer tiiem f, rather than iately investi- self, however, nation as you Ige a Copy of His Majesty's every Part of en before the ugh of neces- at rest every , there could it. Hut this ubstitute the ich would be ts Nature, or e been passed as grave, and s himself the ns, advanced that Degree md a patient Answer to assure you, satisfactory, 3d of July, riven by HLs le Province, Mieral Policy His Majesty listiiiguislied Opinions, so my Respect eeuom from i^ When you were about to leave this Country, I addressed to you Instructions for your Guidance on every Question which was at that Period in Debate with the House of Assembly of Upper Canada. In the Selection of Topics I was o-iiided by the Occurrences of that particular Period. But the Principles on which my Instructio'^is were founded, were of no occasional or transitory Nature, nor were they adopted only to meet the Exigencies of the Moment ; they were, on the contrary, the Result of long and earnest Reflection on the State public AtFairs, not merely in the British Empire, but throughout the civil' ^ World. It appeared to my Colleagues and to myself, that in a firm and ■ s- sistent Adiierence to those Principles, would be found the best Bond of Li., between the transatlantic and the European Dominions of the Crown. The Experience of the last few Months has not shaken this Conviction, but has rather given to it atlditional Strength. If I stood in need of any Authority to prove the Wisdom of the Policy dictated by your original Instruc- tions, I should refer to the frequent Mention of them in your Despatches as having carried you through the Conflict in which you were engaged. By iiroving that the British Government had no narrow or selfish Ends to pursue in British North America ; that they were resolved at once to maintain the existing Constitution, and to remedy every real Grievance ; and that it was their sole Aim that the Province should prosper in the Enjoyment of all the Erancliises enjoyed by His Majesty's Subjects or their Representatives in tins Kingdom, one most essential Object has been gained : the well-aftected have been detached from a dangerous Alliance with the Opponents of Order and Tranquillity. The recent Appeal to the People has been made in the Name of a Sovereign whose Claims to the Gratitude and Confidence of his Subjects had been enhanced by t' recent Avowal of his gracious and enlightened Pur- poses. The constituent IJodies have accordingly rallied round tlie Representa- tive of their King. The Temper of the last House of Assembly, and the Manner in which they received His Majesty's gracious Answer to their Remonstrances afford con- clusive Proof, that by dissolving them you overcame an otherwise insuperable Obstacle, to the Success of the Measures directed by your Instructions. Your Report of the Composition of the new House justifies the sanguine Hope, that important Facilities have now been obtained for the Prosecution of those Measures ; thus far an invaluable Service lias been rendered. But on the Use to be hereafler made of the Powers which you have thus acquired it will depend whether the Result is upon the whole a Subject of Congratulation or of Regret. You propose that the Influence and Authority of the Government in the new Assembly, should be exercised in the retracting of a Pledge solemnly given by the King to the Province. I must answer that there is no Danger which ought not to be encountered, nor any Inconvenience which should not be endured, in order to avoid the well-founded Reproach of a Breach of Faith ; above all on such a Subject, and on such an Occasion. By the Engage- ments into which the King has entered His Majesty will abide, not indeed indifferent to the possible Issues of that Decision, but prepared for any Con- sequence inseparable fr im the Observance of His Royal Word. It would be unjust to attribute to you any Design to recommend • Violation of His Majesty's Promise. The Advice which you offer you justify on the Ground that the Conduct of the late House of Assembly, had too clearly iroved the contemplated Arrangement to be neither safe nor prudent. Your roposition, therefore, in effect is, that a Pledge entered into with a view to the public Good ought not to be maintained aflcr more recent Experience has proved that the public Good would not really be promoted by an Adhe- rence to it ; and this you assume to be the Case in the present Instance. On this Point, however, I must beg to differ from you. The Assumption on which your Argument proceeds identifies in Character the last and the jiresent Houses of Assembly. It ascribes to the new Representatives of the People those Designs and Principles which led first to the Dissolution and then to the Rejection of their Predecessors. It plainly asserts, or necessarily involves the Assertion, that the Representatives of the People of Upper Canada, from i'ti..) F 4 whatever No. ir». Lord (ilt'iicl^r to Sir F. H. Hcail, 8tli Sept. 1H'!6. f i ' i >^, Ji'i.- "v v.-^ W."-^ ■:e:»iAim&>^':- «B DESPATCHES FROM LORD GLENELG No. 19. Lord Glenelg to Sir F. B. Head, 8tli Sept. 1836. No. 20. Lord Glenelg to Sir F. B. Head, 12t!i Sept. IHIiG. -^ whatever Class of Society they may be chosen, are unworthy to be trusted witli the Appropriation of the Revenues of the Province, and will be led on by every Concession to new Encroachments and Usurpations. If compelled to reason on this Basis, 1 should be irresistibly urged to Consequences far exceeding those which you have stated, or perhaps contemplate. But I entertain a very different Opinion. For the Support of the Constitution in Upper Canada I would with Confidence appeal to the good Sense, the Loyalty, and the public Spirit of the Inhabitants at large. At tliis Distance it is more easy, perhaps, than on the Scene of Action itself, to look dispassionately at the Triumph of the Moment, and to estimate with a sobc and cautious Foresight the ultimate Results of what is now passing. Without digressing into Topics on which I am unwilling without Necessity to enter, I would only express my Belief, that if your present Success be used for the Introduction of what you describe as " Acts of a stern and decisive Nature," we shall tlirow away the Fruits of the Victory which you have gained, cement again tliat Alliance which has for the Time been broken up, and provoke a Second Reaction, to which I know not how any effectual Resistance could be presented. On the other hand, by a firm Adherence to the plighted Faith of the Crown, by a frank Redress of every real Grievance, by a cordial Con- cess'on of every just Demand, and by a resolute Opposition to Demands of a revolutionary Character, we shall, I trust, secure every Object wliicli is of any real Moment ; and even in the event of Failure shall stand absolved before t lod and our Country from the Reproach of having brought upon ourselves jniblic Disasters by the Dereliction of any Duty, or the Abandonment of any Principle. In a Word, His Majesty commands me to state, that with regard to Canadian Policy his C urse is irrevocably tiiken by the Instructions which you have received ; that he will fulfil every Promise contained in them taithfully and completely ; and that a zealous and cordial Co-operation on your Part in Prosecution of the System of Policy thus solemnly announced is the Con- dition upon which the Administration of the Province can be continued in your Hands. I have, &c. (Signed) Glenelg. ^'' '■^ No. 20. (No. 90.) Copy of a Despatch from Lord Glenelg to SirF. B. Head, k.cii. Sir, Downing Street, 12tli Scptciubcr 1836. With reference to my Despatch of the 8th Instant, I have the Honour to enclose herewith, for your Information, a Copy of the Corresi)ondence which has passed between Dr. Duncombe and this Department, on the Subject of the Representations relative to the recent Elections in TJpj)er Canada, with which he is said to have been charged. I also enclose a Copy of a Letter from Mr. Hume to Sir G. Grey, introducing Dr. Duncombe, and of Sir G. Grey's Answer. In his Letter of the 2.3d Ultimo, Dr. Duncombe, as you will perceive, pro- posed to delay for a few Days his Conununication to me, in order that he might receive some fmther lutelligeuee on the Subject, of which he was in expectation. I have not since received his promised Statement, but if it should hereafter reach me I shall not fiiil to take the earliest Opportunity of turnishing you with a Copy of it. I have, &c. (Signed) Glenelg. M D fi»^H I Wth nicat migli ON THE SUBJECT OF CANADA. 40 to be trusted ivill be led on If compelled nsequences far iplate. But I ^Constitution in e, the Loyalty, f Action itself, estimate with i now passing. Lit Necessity to be used for the cisive Nature," gained, cement and provoke a :ance could be plighted Faith a cordial Con- Demands of a vhich is of any bsolvcd before ipon ourselves jnment of any rd to Canadian hich you have tiiitlitiilly and yoiu' Part in •d is the Con- continued in Glenelg. il), K.C.II. tcmbcr 1836. )c Honour to udcnce which Subject of the I, wiiii which Letter from Sir (J. Grey's jjiMceive, pro- order tiiat ho ch he was in cut, but if it >p])ortunity of Glenelo. I ''5 My dear Sir, . Bryanston Square, 19th August 183G. Allow me to introduce the Bearer, Dr. Duncombe, Member of the new House of Assembly of Upper Canada, come to England expressly at the Request of the Reformers of Upper Canada, to state to Lord Glenelg Circumstances connected witli the Elections in that Province very important to be made known to the Colonial Otiice here ; and I request you will give him an Oppor- tunity of stating to his Lordship the importan' Details he has been commissioned to make known to His Majesty's Government here. I shall present a Petition to tiie House of Commons this Day at Four o'Clock against tlie Conduct of Sir F. Head, and Dr. Duncombe will show you a Copy, that you may be acquainted with the Facts alleged in that Petition. I remain, &c. Sir George Grey, Bart., M.P. (Signed) Joseph Hume. &c. &c. &c. Dear Sir, Downing Street, 20th August 1836. With reference to your Note of the 19th Instant, which I have conunu- nicated to Lord Glenelg, I am directed to inform you that a Copy of the Petition to which you refer, and which has been subsequently jjresented by you to the House of Commons, will be forwarded by the earliest Opportiuiity to Sir Francis Head, in order to enable him to make such Ob!,jr\ations as he thinks necessary for the Vindication of his Character from the Charges allcgetl against him in the Petition. Lord Glenelg considers that obvious Incouve- nience, and ])erliaps Injustice, might arise if he were to receive from Dr. Dun- combe verbal Statements in corroboration of the Allegations contained in the Petition, the Substance of wliich Lord Glenelg might be imable correctly to tiansmit to Sir F. Head ; but if his Lordship is right in inferring from your Note that Dr. Duncombe is anxious to make known to His Majesty's CJovern- ment some important Facts relative to the recent Elections in Upper Canada, in addition to those contained ii: the Petition, and tending to impeach the Conduct of Sir F. Head, he refpiests that those Statements may be addressed to him in Writing, in order that they may be forwarded to Sir F. Head for his Explanation, together with the Copy of the Petition. I have, &c. Jos. Hume, Esquire, M.P. (Signed) Geo. Ghkv. &c. &c. &c. '*^""» Downing Street, 20th August ISSG. I HAvi; the Honour, by the Directions of Lord Glenelg, of inclosing for your Infbrination the Copy of a Letter addressed by me to Mr. Hume, and iu answer to a Letter from him, in which he informed Lord Glenelg that you had come to Englaiul expressly to state to his Lordship Circumstances of Importance coiniected with the recent Elections in Upper Canada. I am directed by Lord Glenelg to request that, should it be your Wish to make any Communication to him on this S'd)ject, you would do iiim the Favoiu- of addressing it to him in Writing; and I aui further to reciuest, that any such Comnumication may be placed in his Lordship's Hands as early as possible, with the view to its being transmitted by the first Opnortiniity to Sir F. Head lor such Explanations as he may feel it his Duty to oHor. 1 have, &c. Dr. Duncombe, (Signed) Geo. Guev. &c. &c. &c. , c' , 3, Nortliuinberlnnd Court, Chnring Crosi, J "» 23(1 August IH3(i. 1 HAVE file Honour to acknowledge the Receipt of your Favour of mU Instant, convoying to mo Lord Glenelg's Request that 1 should coninui- nicate in Writing any Information respecting the Afliiirs of Canada that 1 might wish to lay before his Lordship. i'^^0 G I httvo No. 20. Lord Gleiielj; to Sir F. B. Head, 12tli Se|)i. 183(1. KnriosurP". l'^l\ U 11 ' rf ill:! ' i»^. '.,* ■;/-'«(«»4*#W" 50 DESPATCHES FROM LORD GLENELG Nu. '.'0. Lord Glent'lg to ^ir V. B. Iltari, l-'lh Sept. I83C. Enclosures. I Iiave deferred making the Statements I am desirous of giving his Lordship on account of my daily expecting the Arrival of a greater Number of Facts, and more positive Evidence of those already submitted in my Petition. Should these not arrive in Three or Four Days, I shall without further Delay do myself the Honour of submitting to his Lordship a Statement of the Facts now in my Possession, and not contained in the Petition. I have, &c. Sir George Grey, (Signed) Charles Duncomue. Downing Street. Sir, Downing Street, 1st September 1836. 1 am directed by Lord Glenelg to acknowledge the Receipt of your Memo- rial res])ecting the Refusal to issue to you a Patent in Fee Simple for the Land held by you on Lease from the late Captain IJrant ; and I -xm to observe, from tlie various Documents to which this Memorial refers as Enclosures, were not contained in it. Lord Glenelg would be happy to receive them at your earliest Convenience. I have, &c. C. Duncombe, Esquire. (Signed) J.vmes Stephen. 3, NorthuinberlanJ Court, Cliaring Cross, Sir, 3d Sept. 1836. I have the Honour to acknowledge the Receipt of your Favour of the 1st Inst., and herewith enclose the Papers referred to in my Memorial to Lord (ilenelgof the 31st Ultimo. I am very desirous of seeing his Lordship, that I iMiiy explain some Circumstances connected with tiiis Matter that it is quite impossible to communicate by Letter. I shall anxiously await his Lordship's Pleasure. I have, &;c. Jas. Stepiien, Esq. (Signed) Chaules Duncomue. Sir, Downing Street, 5tli Sept. 183C. I have the Honour to acknowledge your Note of the '3d List., expressing your Anxiety to see Lord Glenelg in order to make some Communications to his Lortlsliip which you feel yourself precluded from transmitting by Letter. In ii'ply I am to inform you, that in consequence of his Lordship's Absence from Town it has not been in my Power to lay your Note before him. I have, &c. Charles Duncombe, Esq. (Signed) Jas. Stephen. ;5^c. ;?vc. &c. 3, Northumberland Court, Cliaring Cross, Su', 5th Septi":.m!r 1836. Not having received any Answer to my Note of the .'3d Instant to Mr. Ste- phen, expres.sing my anxious Desire to see yoin* Lordship upon my pricnte Husiness, 1 must beg your Lordship's Lululgence while I repeat my Wish, and jj,i\e this further I-lxplanation of the Cause of my Urgency. I have a private Letter to myself upon this Subject, contaitiing some important Facts, worthy \o\w Lordship's Consideration, which, although I might without Improjjriety show it to your Lordship, yet, should I give it Publicity, I have good Reason to fear that the violent arbitrary Measines of the Executive Government of the Colony would be severely visited upon the Author, who is most devotedly your Lordship's Friend, and whuiii 1 would not injure to secure the Success of my Application. I have, &c. J'he Right Hon. Lord Glenelg, (Signed) CuAiiLiis Duncombe. kc. &c. &c. I "IS Sir, I AM of the 5t ship, and private L you declii pleasure desired to the Imj)o: with the should fo it ; nor exposed respectful Govern UK to grant y ship will which yoi Charles kc (No. 99.) Copy Sir, With t( Ilonoiu- to ceived fron during the ■, Mission to ' the Answe % I shall h )^ planation i :^ tained in IS (Copy.) My L I HAVE t Grey of tl Mr. Hiune would allow with the lat I very mi nected with People of I satisfactorily deputed to I that Requcfi the Facts i wisiijd (or. Mr. !Iuni Iiad in view the Opportii (ll.) ON THE SUBJECT OF CANADA. 51 i Lordship r of Facts, n. ther Delay tlie Facts VJC0M13E. mber 1836. Dili- Memo- r the Land serve, from :s, were not our earliest STEPHEN. Sir, Downing Street, 10th September 1836. I AM directed by Lord Glenelg to acknowledge the Receipt of your Letter of the 5th Instant, renewing your Application for an Interview with his Lord- ship, and stating as your Reason for so doing that you are in possession of a I)rivate Letter to yourself which you are anxious to submit to him, but wiiich you decline to make public from a Fear of attracting on the i^uthor the Dis- pleasure of the Executive Government of Upper Canada. In rejjly I am desired to state that Lord Glenelg feels assured that you will at once jjcrceive the Impossibility of his receiving any Statement inculpating an Officer entrusted with the Government of one of His Majesty's Colonies on any Terms which should forbid the immediate Disclosure of the Charge to the Party aflected by it ; nor can his Lordship admit the Supposition that any Person would be exposed to Injury or Prejudice on the part of Sir F. Head by the open and respectful Statement of any Facts connected with the Administration of the Government of Upper Canada. For these Reasons Lord Glenelg must decline to grant you the private Interview which you Iiave solicited, although his Lord- ship will be prepared to receive and to consider any Statement or Documents which you may transmit to him. ^ I have, &c. Charles Duncombe, Esq. (Signed) James Stephen. kc. &c. No. 20. Lcril Gleneisj to Sir F. B. Head, I2tli Sept. I83(). Enclosures. im iXC. aring Cross, vour of the rial to Lord [ship, that I , it is quite J Lordship's JNCOMBE. vSept. 1836. essing your tions to his iCtter. In jsence i'rom Stephen. aring Cross, 36. to Mr. Ste- my pricnte. Wish, and a i)rivato icts, worthy nipropriety ()i)d Reason nont of the oledly your •cess ol mv ;NcoMnE. No. 21. (No. 99.) Copy of a DfisPATCii from Lord Glenelg to Sir F, B. Head, k. c. h. Sir, Downing Street, 22d September 1836. With reference to my Despatches of the 8th and 12th Instant, I have the Ilonom- to enclose to you herewith tiie Com' of a Letter which I have re- ceived from Mr. C. Duncombe, detailing the Charges respecting your Conduct during the recent Elections in Ui)j)er Canada, wliich it was the Object of liis Mission to this Country to prefer. I at tiie same Time transmit a Copy of the Answer which has been returned to him by my Direction. I shall be happy to receive from you, at your early Convenience, any Ex- planation which you may think it necessary to offer on the Statements con- tained in Mr. Duncombe's Letter. I have, &c. (Signed) Glenklg. First Enclosure in No. 2L (Copy.) 3, Northumberland Court, Charing Cross, My Lord, 'JOth September 1 836. I HAVE the Honour to acknowledge the Receipt of a Letter from Sir George Grey of the '.JOti) Ultimo, together with a Copy of a Letter addressed to Mr. Hiune in answer to a Letter from him, requesting that your Lordship would allow me to eommunieate to you personally Circumstiinces connected with the late Elections in Uppi r Canada. I very much desired to commiuiicate to your Lordship personally Facts con- nected with the present discontented and uniiap])y political Condition of the Peojjle of Uj)per Caiiatla, which could Iiave been done much more readily ami satisfactorily verbally tiian by Letter, and for which special Pinpose 1 was de])uted to this Country ; and, had your Lordship thought proper to accede to that Request, I should then have been able by ihat Opportimity to submit the Facts in Writing, and have aH()rded any Explanation you might have wislii'd for. Mr. Hume has so clearly and forcibly put before your T^ordship the Object I had in view in coming to this Country, and tiu' Reasons why I should have the Opportunity of seeing your Lordship, that I can add nothing liu'lher than (4.L) c; '.' thai No. 21. Lord Glenelg to Sir V. B. He;i(l, 22d Sei^t. 18;i(i. ^'"'<; '%.. Eiiclnsiire \o. \mv \:>4 1 M "ti>«^ 'S-^^ ■'■.'A'.-i^^^X" ;H«I«»*>W»4t(:>?«WW(»« No. Jl. Lord Gluiieig to Sir F. h. Head, 'J2d Se|)l. Ib^li. £iiclosure No. 1. upon * See His Excel- lency's Reply to an Address from ii Meetiiij; lield ii. HieCilv H:iil. 52 DESPATCHES FROM LORD GLENELG that under these Circuinstan.,es I am compelled to yield to your Lordship's Order, and submit the following Detail. All the various Causes that have led to the present unhappy State of Upper Canada cannot be detiiiled in Writing vithout trespassing too lonj your Lordship's valuable Time. I shall, therefore, as briefly as possible refer to some (perhaps not the most j)roniinent) of the Causes that have led to the present distracted State of the Aftairs of that Province. Upper Canada is purely a British Colony, composed of Canadians by Birth, Persons from various Parts of His Majesty's Dominions, and some from Foreign Countries, most of whom have come to Ui)per Canada to better their Condi- tions, and on accoimt of their Attachment to and Veneration for the Consti- tution and Institutions of Great Britain. At the Division of the Province of Quebec into Upper and Lower Canada by the 31st Geo. 3,, on Governor Simcoe's assuming the Government of Upper Canada, he assured the House of Assembly in his opening Speech, that this Act " I'stahlished the British Constitution , and all the Forms that secure and maintain it in this d" 'uit Colony ;" and in his closing Speech from the Tlnone he says, " At this J .; Une I i)articularly reconnnend to you to explain that this Province is singula, ly blessed, not with a mutilated Coiistitution, but wUh a Constitution which has stood the Test of Experience, and is the viiYy Image and Trniiscript of that of Great Britain;" and this has uniforr -^ been declared to be the Constitution of the Province, until the recently proclaimed ()j)iniou of Sir P. B. Head that " the Constitution which His Britannic Majesty (ieorge the Third granted to this Province ordained no such Absurdities." * The former Confidence in the successful Workings of the British Constitu- tion, if administered according to the Genius and Habits of the People, iiave induced them, from Time to Time for the last Fifteen- Years, through tlu; House of Assembly and otherwise, to petition the Governors of the Colony, His Majesty, and the Im))crial Parliament for the Redress of Evils growing- out of irresponsible Administrations, and praying for the Application of sucli just and liberal Measures as would secure to all His Majesty's Subjects in the Colony the just Administration of the Laws, equal Rights and Privileges, and the free iMijoyment of Civil and Religious Liberty ; yet these Applications have been disregarded by the Executive of the Province, and flivourable Answei"s from His ^lajesty's Goveriuneut have been so long delayed, or so much dis- regarded b) the Executive when they were received, that the Abuses still continued. These ;Vbuses had so increased towards the Close of the Administration of Sir John Colhorne as to be seriously felt and loudly and ojienly comj)lained of by the Peojjle throughout the Province. The Influence of the House of Assembly in the Legislature was nearly lost, as was evident from the Rejection by the other Branches of the Legislatiu-e of most of the pojjular Bills passed by the House of Assembly, although luunerouslv petitioned for by tlie People, ami frequently passed by large Majo- rities in tliat and former Houses of Assemblies, and supported by Members representing very large Majorities of the People; while the Executive Iiiflu- euce in the (Joverumeut was daily increasing, from the large Revenues amnially disposed of by them without the Sanction of Law, or even being accoimti.-d for to Parliament. Some of these Revenues are the Casual and Territorial Revenue, the Crown Revenue, and Crown Lands Revenue, the College Lands and Fmuls, the Com- mon School Lands and Fimds, all s|)ecial Reserves of Land anil the Funds arising fi'oiu them, other unsettled Lands, as the Waste Lands of the Province, anil the Funds arising from them ; all of which could be nnicli more benefi- cially applied to Objects of Utility and public Improvement within the Pro- vince by Law than at the Pleasure of the Executive. The liberal Support of the (lovernment and Pensioners, the Sums annually expended for public Improven;ents, Canals, Lighthouses, Harbours, Roads, and Bridges, I 1 ■J 'I* Bridges, exceeded Provincia This w to direct ' by an irri or the Ag The Ri selected I of the Co of Upper People ex posed of the Gover their Conf to the Exi and Addri Province j Gentlemei Talents, I Province a it was stroi as to be r- constituted no Portion Province, ; Persons wl j)ointed l)y ])ossible) ai Governniei Majesty's C At this ' Fifty-five A' siders the 1 tenant Gov this Provin( tution, and strongest Sc and tiill En_ The Ad, responsible tlie fiiture although th Council gav wa.s piusue( the Execnti his Deternii the People I Upon th( Mr. Snilivar exi)ressing t Individuals sponsihie '1\: (■oiuicil in 1 standing tlu I'onliinied. Politics mat Executive C leading Tor^ Resolution ti (110 ON THE SUBJECT OF CANADA. ' 53 Lordship's y State of long upon it the most tate of the i by Birth, »m Foreign icir Condi- the Consti- fer Canada it of Upper 1, that this secure and tlie Throne xplain that but widi a very Image rv \y been proclaimed iiic Majesty Uties." * ,h Constitii- cople, have hrough the he C\)l()ny, lis growing on of sucli ijects hi the ileges, and ations have le Answere much dis- buses still istration of i])lained of [nearly lost, liixlature of although Urge Majo- Menil)ers litive Influ- •s aniHially accounted Ithe Crown 1, the Com- Ithe Funds I'rovinee, lore beiu'li- ]\ the i'ro- Is annually lloads, and Bridges, Biid"'es, Common Schools, District Schools, and other casual Expenses, far exceeded that Part of the Revenues of the Province at the Disposal of the Provincial Legislature. No. 21 Lord Glerielg lo Sir F. B. Head. 22d Sept. IWf!. This was daily involving the Country in a Debt that must eventually lead ^^^ ' ^^ to direct Taxation, while the natural Resources of the Country were applied Enclosure No. by an irresponsible Executive Government to the Support of political Priests or the Af^nandizement of a Party without tlie Sanction of Law. The Recall of Sir John Colborne and the Appointment of a new Governor selected by a Reform Ministry, with avowed Intentions to reform the Abuses • of the Colony, was, as Sir F. B. Head observes, "glorious News" to the People of Upper Canada; not because the Individual was changed, but because the People expected a Change of Policy, a res])onsible Executive Council, com- iioscil of Persons having the Confidence of the People, who would administer the Ciovcrnment of the Colony with Liberality and equal Justice to all ; and their Confidence and Gratification were increased by Sir F. B. Head's adding to the Execi'tivc Council Messrs. Dunn, Baldwin, and Rolph ; and Resolutions and Addresses lo Sir F. B. Head were daily presented, from all Parts of the Province and by all political Parties, thanking him for calling to his Councils Gentlomer. having the fullest Confidence of the People on account of their Talents, Intcrity, Ability, and extensive Knowledge of the Affairs of the Province and the Wants and Wishes of tbe People ; through whose Influence it was strongly anticipated that the Legislative Council woulil be so remodelled as to be rendered a usefiil Branch of the Legislature ; for as it is at present constituted it should not be called a Branch of the Legislature ; it represents no Portion of the People of the Province, nor any particular Interests in the Province, and is only another Instrument of Executive Power, composed of Persons wiio, like the Lieutenant Governor and Executive Council, are ap- ])oiMted by the King, and who are not the Choice of the People, and who (if j)ossible) are still more irresponsible than the other Branches of the Executive Government, for tliey do not even profess to be responsible even to His Majesty's C vernmeut for their Conduct. At this Time, after a Call of the House of Assembly, Fifty-three out of Fifly-five Members presiMit voted that it be " Resolved, that this House con- siders the Apjjointment of a responsible Executive Council, to advise the Lieu- tenant Governor or Person atlministering the (iovernment on the Aflfliirs of this Province, to be one of the most hai)j)y and wise Features of our Consti- tution, and essential to our Form of Government, and as being one of the strongest Securities for a just and ecpiitable Administration of the Government and lull Enjoyment of Civil and Religious Rights and Privileges." The Adoption by all ])olitica1 Parties of this Resolution in favour of a responsible Executive Council was received by moderate Men as a Pledge for the future liberal, just, and constitutional Government of the Province ; and although the Publication by Sir F. B. Head of his Additions to the Executive Council gave Hopes to the Colony, yet, however, the same irresponsible System was i)ursued, and the public M'lud held in Suspense, until the Resignation of the Executive Council and the subse([uent Disclosure by Sir F. B. Head of his Determination to continue the irresponsible System opened the liyes of the People to his real Tory Principles. Upon the Ajipointment of the present Executive Council, composed of Mr. Sullivan and his Associates, tlie Mouse of Assembly addressed Sir F. B. Head, expressing their Want of Confidence in his Council, partly on account of the Individuals composing it, hut more especially on account of the avowed irre- s|)onsil)le 'I'ory System about to be pursued by Sir F. B. Head and his new 31 t'ouncil in ory ,>vs the A( Iministratiou of the AHiiirs of the Provin.'e; but notwith- standing that Address they were retained in Office, and the old Tory Policy continued. It is (luite correct that after the Avowal of Sir F. B. Head of Ins Polities many of tlie Members who had ])reviously voted for a responsible Kxeciitive Council (among whom were His JVIajesty's Solicitor CJeneral and the leading Tory Members of the House of Assembly) now voted against the very Resolution they hai' before supported. m\ (110 G 3 Petitions fill '••>!;• ^•»!'^9ft*F'^>' 'iV^% fr.-> ■'s',*' -"^P ^ »« ;>*<«tos»s«!ii!*#*r'«**'»»-wB.^^ jM "■"T? 54 DESPATCHES FROM LOUD GLENELG No. 21. Lord Gleiielg to Sir I'. H. Head, ■>2e|it. 1S3G. I'.iiclosiire No. 1. I'etitions poured in from all Parts of the Country praying the House of A.sscmbly not to .support the old irresponsible System, but to adopt ti'.e only constitutional Means in their Power of expressing tlieir Dissatisfaction of th.it Sy.stem, that of withholding the Supplies. The House of A.ssembly entertained those Petitions ; but knowing that the Influence it had by stopping the Supply was merely nominal, as the Sum under the Control of Parliament and voted annually for Su])i)lies was less than 8,000/. out of 40,000/. or 50,000/. annually disj)osed of by the Executive Government, or permanently appropriated by the Ith Wm. I\^ towards the Payment of Salaries, and that their doing so would not probably attract more Notice now than it did when the Supplies were not ])assed by the Tenth Parliament, but for the Circunishuice that Sir F. B. Head, without Precedent, refused his War- rant tor the Payment of Contingencies of the Legislature, and withheld the lloyal Assent from all the Money IVills (save One) passed by both Branches of the Legislature. And here, my Lord, allow me to remark the great Dirt'erenr^e in the Con- duct of Sir F. B. Head and other Governors. Lord Gosford, notwithstanding the Sup])lies were withheld in Lower Canada, not only paid the Contingencies of tile Lower Canada Legislature to a nnich larger Amount than was required by the House of A.ssembly for the Contingencies of the Legislature of llj)per Canada, but he also granted the Royal Assent to all the Money Bills and all the Bills fsave One) passed by the other Branches of the Legislature, whilst Sir F. B. Head refused the Contingencies and the lloval Assent to the Money Bills. Sir John Colborne also, when the Supplies were withheld in the Tenth Par- liament, ])aid the Contingencies anil granted the Royal Assent to the Bills passed by the other Branches of the Legislature. ISIy Loril, I can scarcely comprehenil how His Majesty's Government can consistently apj)rove of the Conduct of Lord Gosford in Lower Canada, as they did of Sir John Colborne's Conduct in LIpper Canada, in ))ursuing (in this respect) a liberal conciliatory Course towarils the People of both Provinces, and not disapprove of the high-handed, arbitrary, and unconciliatory Conduct of Sir F. B. Head in refusing the Contingencies and withholding the Royal Assent to the Money Bills; dissolving the Parliament while a great constitu- tional Question, referred Home by the House of Assembly, was pending before His Majesty's Goverinnent, without waiting for your Lordship's ln.structions. It apj)ears to me, my Lord, (piite incredible that your Lordship can approve of Sir F. B. Head's unconstitutionally interfering with the elective Franchise, suln erting the natural Resources of the Country from their legitimate Objects, the Improvements of the Country, to Party electioneering Purposes, denouncing a large Proportion of the truly loyal People of the Province as "our Enemies," anil allowing, if not actually encouraging, Orange Associations (notwithstanding the Resolutions of the Im])erial Parliament and His Majesty's Royal Message thereon) to interfere with the Elections throughout the Province by Violence and Outrage. Such Conduct, my Lord, has induced the People to discuss the Question of a responsible Executive Council, anil, conseipiently, the first Principles of Government, under Circumstances unfavourable to the present Colonial Policy, and even to Monarchical (lovernments. The I'eople of Ujjper Canada have constantly before them, on the one hand, in their immediate Vicinity a Republican (iovernment, highly flourishing, con- tented, jieaceable, ;uiil j)rosperous, with Forty or Fifty iVIillions of Dollars of Nuri)lus Revenue to be expended in Works of public Im])rovement and Utility, Wages high, the industrious Classes actively and profitably cmjjloyed. Money )lenty. Business lively, wild Land cheap and easily obtained, improved amis ra|)idly risin^j in Value, and a rcsi)ectal)le wealthy Immigration rapidly settling and nnprovmg the Western States; while, on the other hand, they are sufl'ering Iroin the arbitrary and unconstitutional Conduct of their Lieutenant (iovernor. Discontent and Excitement prevailing to a great Degree, their own Agriculture in a depressed State, without ("onnnerce and without Manufiic- ture.s, the Province deeply in Debt, and no Provision made for its final Payment. M'hile the ^\'ealtll of the Coimtry is lavished upon ])olitical Priests and Favourites fin- Piu'poses unworthy of a ii-ee Govennnent, they see public Im- provements entirely stopped, Kmigration to the Province very much checked, the 7 industrious i industrious depressed, public Funt by SirF. B large Banks Embarjassm Canada. The Pco| sible Execut «' the PeopI " e.xact Ln " the Const ♦* tliis Provi Sir F. TJ. Upper Catui flammatory ' vince being " Power uni cliallenges ; *' Name of " let f/iem a And whei quiet, })eace V rovmce h Property am under a chc told by him •' that the M have given stagnant." " The Su absolutely ah *' Emigrat with his Caj escaj)ing froi Famine." Ai of " stojjpiuf mcnt until Ji your Lordshi occasioned b that of his L If Sir F. 1 these Misfort convince hin have stated. All these ^ tiic Royal A throughout tl these Grants of the Mone' Of the Su{ the Improven have been m Scasion, if he I that would be The Sum o Sufferers, by and their wlu Twenty Years ance with II Royal Asse\it The Bill foi The Bill tbi The Bill fi (M.) ON THE SUBJECT OF CANADA. 86 » House of )t tl'.e only ion of that ifjf that the Sum under han 8,000/. overnment, 'ayment of Notice now lament, but ed his War- ithheld the Branches of in the Con- nthstanding Mitingencies as required e of Upper liills and all ture, whilst the Money Tenth Par- to the Bills rnment can ada, as they ing (in this Provinces, Iry Conduct the Royal at constitu- iding before tructions. can approve i Franchise, ate Objects, denouncing r Enemies," ,'ithstaiiding yal Message jy Violence Question of incipk's of iiial Policy, one shin hand, con- l)(^lars of uul Utility, ,ed, Money iin|)roved ion rapidly id, they are Lieutenant , their own it Manufac- br its final tical Priests public Im- hecked, the industrious industrious Classes thrown out of Employment, the Money Market unusually depressed, and Hundreds anxiously awaiting Relief from the Distribution of public Funds voted by the Legislature, which have been unexpectedly refused by Sir F. B. Head, Cfonfidence in public and private Securities shaken, the lar^e Banks obliged to refuse to discount as usual, and a Sfcite of financial Embarrassment brought on seldom, if ever, before witnessed in Upper Canada. The People have been told by Sir F. B. Head that they had not a respon- sible Executive Council, and •' that it would be unreasonable to expect that " the People of this Province should be ruined in vainly attempting to be the " exact Lnage and 'I'ranscript of the British Constitution ;" but he adtled, " the Constitution which His Britannic Majesty George the Third granted to " this Province ordained no such Absurdities." Sir F. Tj, Head has publicly denounced the gi'eat Body of the Peoj)le of Uj)per Cai.ada as " our Enemies " whom " he had re))elled ;" and by his in- flammatory Harangues exciting and alarming the People, by talking of the Pro- vince being about to be " disturbed by the Interference of Foreigners, whose «' Power und whose Numbers will prove invincible," and wliom he vumtingly challenges ; he adds, in his Reply to the Homo District Address, *' In the " Name of every Regiment of Militia in Upper Canada I publicly promulgate, " let t/iem come on if tlwij dare." And when, my Lord, by all this despotic Conduct of Sir F. B. Head the quiet, peaceable, industrious, and enterjjiising Canadians were leaving the Province by Hundreds, at great private Sacrifices in tlie forced Sale of their Property and Possessions, to avoid such Ojjpression, and to seek an Asylum under a cheap responsible Government in the United States, the People were told by him that all these Evils were occasioned by stopping the Supplies, " that the Money which would not only have improved your Roads, but would have given Profit and Employment to Thousands of deserving People, is now lave lost the Remuneration which was No. Jl. Lord Cileimls; Sir F. B, He.ul, 22(1 Sepr. I8;i(i. Enclosure No I. See His Excel- lency's Reply to li Address from a public Mteliiii; held ill l!ie I'iiy Hall. Sec Ueply to Ad- dress froui (iriiiid Jurv. Stagnant. " The Sufferers in the late War absolutely almost in their Hands." " Emigration has been arrested, and instead of the English Yeoman arriving with his ('apital in this free British Country, Mechanics in Groups are seen escaping from it in every Direction, as if it were a Land of Pestilence and Fanihie." And this the People are told is the " Result" of the " grand Object" of "stopping the Supplies" of less than 8,000/., not coining in course of Pay- ment until July and January following, while in fact he must have known that your Lordship must see that all these Evils which he so truly tlescribes were occasioned by his own despotic, arbitrary, and unconstitutional Conduct, and that (>f his De])endants and Orange Associates. If Sir F. B. Head conceals from himself that he has been the Cause of all these Misfortunes t^ the People of Ujiper Canada, I hope your Lordship will convince him that you have discovered the real Causes to have been what I have stated. All these violent Measures which I have stated, especially the withlu)lding tlie Royal Assent from the Money Bills, gave very general Dissatisfaction throughout the Province, as the Improvements intended to be carried on by these Grants were in a State of Progression, and required the immediate Use of the Money voted to complete them. Of the Supplies of Money refused by Sir F. B. Head, the 50,000/. voted for the Improvement of the Roads and Bridges was very much required, and could have been much more jirofitably expeiulcil in the early Part of the Summer Season, if he had sanctioned the Bill immediately, than alter the Lapse of Time that would be re(iuircd for the Royal Sanction. The Sum of 20,000/. granted by the Assembly for the Relief of the War Loss Sufferers, by which the large Sum of ()7,000/. would have been paid to them and their whole Claim settletl, which liatl already been deferred for more than Twenty Years ; yet, notwithstanding that the Bill was passed in exact Accord- ance with His Majesty's previous Instructions, that Bill was also refused the Royal Assent by Sir F. B. Mead. The Bill for the Support of the Convicts in the Penitentiary ; The Bill for the Sujiport of the Lighthouses ; The Bill for the Support of Common Schools, and various other Bills for (11.) G 1. public See Utply to I'l roiito Elecloi's Addrsss. n '■-■■' iliii!!'! Ml *,■.-*' -■^ Jew «i«; 'osition to all these Instructions, my Lord, Sir F. B. Head has not only interfered with the Elections himself, but ojiLMily allowed and eucoiuaged all Persons under him to interfere with and influence the Elections by every Means in their Power ; by which extraordinary Conduct more than One Third of the newly elected House of Assembly are Sherifl's representing the Counties within their executive Jurisdiction and other paid Oflicers holding their Situations during the Pleasure of the Lieutenant Governor. I submit, my Lord, that the permitting public paid Officers, removeable at Pleasure, to Seats in the Assembly is contrary to the Spirit if not the Letter of the British Act, which should apply to Upper Cauaila as well as to Great Britain, and deserves your inunediate Attention. I further state that the Rules and Regulations ordinarily observed in the I^anil-granting Department were wholly disregarded, tor the Pur[)ose of aiding the Partizans of Sir F. B. Head, by issuing Patents or (Jrants of Land to Tory Followers before they had perfected the Conditions upon which they were ])romised such Lands; while many Persons who had long bet()re complied with the Terms of their Location, and who had frequently and urgently pressed the public Offices, urging their extreme Anxiety to receive their Patents, have been obliged to wait until alter the Election ; that many of these Patents have been issued ))ending or during the Elections to Persons residing out of the County or Riding tor very small Parcels of Land, — in many Instances l()r not nmre than One Quarter or Half an Acre of wild Land without any House on it; thus creating a great Number of Voters, who went from one Election to another and voted at each Election, so that the real Freehold Electt)rs resident in the Countiets or Ridings, thus intended to be represented according to the S])irit of the Election Laws of the Province intendeil to guard against Bribery and Corrup- tion, have been out-numbered, and their elective Franchise thus unconstitutionally tampered with. The following are some of the many Instances of the unconstitutional Interference by Sir F. B. Head and his Dependents with the elective Franchise : William Higgins, Bailiff' to the Sheriff' and Court of Requests, Toronto City, voted against the Reform Candidate upon a Deed signed by Sir F. B. Head, ii7ih I w 27th Jum for the T without 1 Attornc}', Candidate — Grant 1 Finley C, F. B. He M 'Lallan Patents d Toronto, under a G without a and Thom from the ( the above voted It is fu Persons special CI; Licence of original In That Pa Part, where tJie origina Patents Jia\ tracted for manded, c( Money sha Persons thu did any of serve to sh F.B. Head diff'erent Pa J\Iy Lord vince were Province, a Mr. M'Ken born in the Half a Cent late War agi and was wi but Iiad not liim ; after 1 the Oath of yet his Vote sioner for tli who refused Mr. Wait Sw I also ha\ England we ofleu among of Reform. -"^ft'ections of And it is t those Persons violent in the selves with O Instruments independent they were ai deligiited wit one Efl()rt on thus indicatii Cil.j ON THE SUBJECT OF CANADA. 57 idiials, were lul to luive ;.s of Upper as statetl b>' iiy Acts oi' well after as I new Parlia- ilections, by ic Addresses ibly (most of oplc of the iiblic Money tees or other "ories calUng e Election of ;hc House of that Money Election and il Policy of d Goderich's d is requested I in which the jiiires of you y subordinate 's Subjects ui ■ct Opi)osition iterfered witii ersons under cans in their of the newly i within their ations during enioveable at the Letter of as to Great lervcd in the lose of aiding |.and to Tory h they were foiuplied with pressed the [ts, have been Its have been |f the County )ot more than on it ; thus 1) anotiier and the Counties [Spirit of the anil Corrup- kistitutionally constitutional the elective Toronto City, F. IJ. Head, 27th 4 •if 27th June 1836 ; George Walton, Bailiff and Sub-Sheriff, after electioneering for the Tory Candidate, took the Oaths, and voted upon about Half an Acre without Buildings upon it, Patent dated the Monday previous ; John Powel, Attorney, and Grandson of the late Chief Justice, voted against the Reform Candidate njjon a Quarter Acre of Land, u])on which there were no Buildings, —Grant by SirF. B. Head 28th June 1830, during the Progress of the Election; Finley Cameron voted against the Reform Candidate, Patent issued by Sir F. B. Head during the Election, 28th June 1836 ; John Crighton and Hue M 'Lallan voted against the Reform Candidate under a Grant of Sir F. B. Head, Patents dated 25th June 1836 ; Alderman Doctor John King, of the City of Toronto, voted against the Reform Candidate in the Second Riding of York, under a Grant of Sir F. B. Head of about One Quarter of an Acre of Land without a House, dated, during the Election, 28th June 1836 ; Robert Ruston and Thomas Johnson voted against the Reform Candidate uj)on free Grants from the Crown for 100 Acres each. Patents dated 25th June 1836. Most of the above Persons resided out of the Second Riding of York, where they voted. It is further alleged that many Votes were created by givmg Patents to Persons who had connnuted their Pensions, and who, without having any special Claim for Land, had been allowed to occupy small Parcels under a Licence of Occupation, without the Power to dispose of it, contrary to the original Infant of the Location. That Patents have been issued for Parts of Lots without a Description of the Part, where only Part of the original Purchase Money had been paid, contrary to tlie original Order under which the same was located ; that in other Instances Patents have been issued to Individuals for the whole of the Lots they hud con- ti-acted for without the Payment of the whole of the Money originally de- manded, contrary to the uniform Practice, which requires that the whole of the Money shall be paid before the Patent shall be issued. In all these Cases the Persons thus favoured voted for the Tory Candidate, and in no One Instance did any of those Persons vote for the Reform Candidate. These Examples serve to show some of the many Ways by which Votes were created by Sir F. B. Head to siq)))ort the Tory Candidates and overwhelm the Reformers in different Parts of the Province. My Lord, the honest Freehold Electors who had long resided in the Pro- vince were ])revented from voting in many of the Counties and Ridings of the Province, as illustrateil in the following Instance: — Wait Sweet's Vote for Mr. M'Kenzie, in the Second Riding of York, was rejected because he was born in the United States, although he had been in the Province upwards of Half a Century, had a good Farm, an undisj)uted Freehold, had served in the late War against the United States, had taken the Oath of Allegiance in 1801, and was willing to take it and all the electoral Oaths required by the Statute, but had not the Certificate of his having taken the Oath of Allegiance with him ; after being thus rejected he returned with his Certificate of having taken the Oath of Allegiance, and a Certificate of his Service in the late War, and yet his Vote was rejected by Mr. Hej)burn, the Returning Orticer, a Commis- sioner for the Sale of Indian Lands, removeable at the Pleasure of Sir F. B.Hcad, who refused even to enter Mr. M'Kcnzie's Objections to the Rejection of Mr. Wait Sweet's Vote upon the Poll Book. I also have to observe, that the newly-created Rectors of the Church of England were, indecently, acti\ely electioneering for the Tory Candidates, ofleti among the Crowd with their Hats in their Hands, urging on tie Enemies of Reform. I thought this, my Lord, the very wrong Way to secure the Affections of the Peojjle. And it is to be observed that generally the State-paid Priests and most of those Persons whose Salaries or OHioes are at the Pleasure of Sir F. B. Head were violent in their Opposition to the Reform Candidates, cither associating theui- scives with Orangemen, previously secretly organized, who with Clubs and other Instruments were menacing, threatening, and beating the quiet and peaceable indepenilent Reform Electors, — oflen actually driving them from the Polls, or they were among those outrageous Partizans of Sir F. B. Head, apparently delighted with the Violence of their Party, and, it is to be observed, without one Effort on their Part to check these Excesses and Breaches of the Peace ; thus indicating the Source from whence this organized System against the (H.; H Freedom No. 21. Lord Glenelg ro Sir F. B. He.iH, 22(1 Sept. 183b. Enclosure No. I. Ill' v:;i i'M ■i, H VA ^|.-J,i>i,,rt«hf-VVrV -i^it^nx 58 DESPATCHES FROM LORD GLENELO No. 21. Lord Glenelg to Sir F. B. Heail •J2d Sept. 1836. Enclosure No. I Freedom of Election emanated, and the slight Chance a Reformer would have of obtaining legal Justice for their Injuries or even the Loss of the Lives of their Friends, as their Complaints must b'' made to Men bound together by secret solemn Oaths, or to their violent Pan" uis in their political Strifes and violent Outrages. It is also alleged that the Honourable J.. /KS Crooks, a Member of the Legislative Council of Upper Canada, tendered his Vote, which was n ceived, for the Tory Candidates, contrary to the Practice either in Canada or in England. It 's further alleged that Andrew Shore, charged with Felony, and committed to take his Trial at the next Assizes, was admitted to Bail without a Judge's Order by Messrs. Alderman Gurnett, Editor of the Courier, the demi-official Organ of the Government, and Alderman Dennison, both active Partizans of Sir F. B. Head, to enable him to vote against the Reform Candidate. These, my Lord, are only a few of the many arbitrary and unconstitutional Acts of Sir F. B. Head and his Dejjendents, of which the People of Upper Canada complain, and which the Reformers instructed me to point out to your LoriLship personally, and which I should have endeavoured to have done had your Lordship atibrded me an Oj)portunity. I take this Oi)portunity of entering my Protest against the Course which your Lordship has adopted of refusing to grant me an Interview, at which I should have done more Justice than I now can to the important Duty imposed on me by my Fellow Countrymen in Upper Canada. I consider the Treatment which Mr. Baldwin and myself have met with at your Lordship's Hands in being refused an Interview highly unjust and oppressive, as it is well known that no Person deputed by the Tory Party in U])per Canada was ever refused an Interview in which to state their Grievances ; and if, my Lord, we are to be treated by Lieutenant (lovernors as we have been by Sir F. B. Head, and afterwards refused all Access to the Colonial Minister of the Crown when we come l',00() Miles to state our Grievances, what Justice or Protection can the Peo))le of the Colonies obtain against any oppressive and arbitrary Act ? I enter this my Protest against your Lordship's Conduct on behalf of those my Countrymen who have sent me to England to seek Redress. And I tiuther complain against your Lordship for refusing me an Interview on an indivitlual Case, specially referred to your Lordship's Decision by the late Lieutenant Governor and Council of Upper Canada, although I have Three Times requested the same. I shall return to Upper Canada and report the Treatment I have received, and what the Expectations of my Countr3'mcn for Justice can be from the Colonial Ministers. I have therefore, my Lord, as the only Resource left, in the Name and on behalf of the Refornicrs of Upj)er Canada, most earnestly and most confidently, yet most humbly and most respectfully, to request that His Majesty's Govern- ment will investigate the Manner in which the late Elections in Upper Canada have been conducted on the Part of Sir F. B. Head and ids Dependents, and all the Allegations 1 have made in this Letter and in the Petition presented to the House of Commons by Mr. Htmie on the 19th of August last, by impartial and disinterested Parties not belonging to the Province, before your Lordship shall decide on such unconstitutional Conduct. And 1 request you to adopt such Measures in accordance with the Wishes of a large IMajority of the People of the Province as shall secure to them the Freetlom of Election, a cheap and res])onsible Government, the Regulation of their own internal Affairs, the Application by Law of all the natural Resources of the Country to Works of general Utility and Improvement, through a just, wise, and liberal Construction of the Constitution of the Province, thereby promoting the mutual good Offices between them anil the Parent State, inspiring and promoting a Con- fidence in the paternal fostering Care and Protection of the Mother Country, and thus increase and confirm the Attachment of His Majesty's loyal Subjects of Upper Canada to Great Britain, and strengthen and per])etuate the Con- nexion between them, tha', may be made highly beneficial to both the Mother Country and the Colony. I have, &c. (Signed) Charles Duncombe. ^'1 Sir, I .*.M dire to his Lort Chaiges ag; in reference Assembly of Lord Gle avail himself to Sir F. B. respecting t ship will oi however, to a public Of Persuasion ti M'ith refe his Cominun Lordshi]) dii Jiartiality tow would have ing the Hon Life ; nor cs Governor of been requirei be expressed W^itli rega ccitain Land more general Lord Glenclg you his Lordi C. Duncon (No. lOL) Copy of Sir, In the Con Importance . Policy in the j comi)rise His to suppose til one of those the Crown ai maintained w mutual good Governments : between them! considerable A any one of the Bearing in Despatches w Brunswick. Distinctness .. and of the Mc ■Statement of tl Vou will fin a-'< depends on the most inqjo tration of Bri capable of Ai)i) (tl.) J ON THE SUBJECT OF CANADA. Second Enclosure in No. 21. 89 Sir, Downing Street, 21st Sept. 1836. I AM (lirectetl by Lord Glenclg to acknowledge the Receipt of your Letter to his Lordship of the SOtli instant, in wJiich you have j)referred various Ciiarges against Sir F. 13. Head, tlie Lieutenant Governor of Upper Canada, in reference to the recent general Election of Members of tlie House ot A.s.sembly of that Province. Lord Glenelg directs me to .state for your Information, that he proposes to avail himself of the earliest Opportunity for transmitting a Copy of that Letter to Sir F. B. Head, for such Explanations as tliat Officer may be able to give respecting the Matters laid by you to his Chan'^e ; in the meantime his Lord- ship will of course suspend his Opinion on the Subject. He directs me, however, to stiite that he cannot receive Accu.sations of such a Nature against a public Officer of high and unblemished Character without recording his Persuasion tiiat they will be found susceptible of a satisfactory Answer. With reference to your Protest against Lord Cilenelg's Decision to carry on liis Communications with you not in j)ersonal Interviews but in Writing, his Lordship directs me to observe, that the Obligation of acting with strict Im- partiality towards all Per.sons with whom he is brought into official Intercourse would have forbidden him to receive in mere Conversation Charges impugn- ing the Honour and Reputation of any Man, however humble his Station in Life ; nor can his Lordship think that, as a public Accuser of the Lieutenant Governor of Uj)per Canada, you are justly entitled to complain that you have been required to ])refer your Charges in that Form in wiiich alone they could be expressed with Precision, and subjected to the Test of an exact Inquiry. Witii regard to your Application for the Confirmation of your Title to CCTtain Lands in the Province to which you allude as comiected with the more general political Questions embraced in your Letter of the '20tli instant, Lord Glenclg directs me to refer you to my Letter of this Date, conveying to you liis Lordship's Decision on that Subject. I have, &c. C Duncombe, Esquire. (Signed) Geougc Grey. No. 22. (No. lOL) Copy of a Despatch from Lord Glenelg to Sir F. B. Head, k.c.ii. Sir, Downin;; Stroct, 30tli September 1836. In tlie Conduct of Affairs in British Nortli America no Principle is of more Importance than the Maintenance of one consistent and luiitbrm Coin-.se of Policy in the Administration of the Governments of the different Provinces wliicii comprise His Majesty's Dominions in tliat Quarter of the Globe. It is vain to suppose that any Concession can be made to the General Assembly of any one of those Provinces and withheld fiom the rest, or that on the Pait of the Crown any Prerogative can be effectually asserted in one unless it be maintained with equal Firmness in the others. Hence the Necessity of a uuitnal good Understanding between the OlHcers administering the different Governments ; and hence also the Importance of a i'lca Comnunncation between them, and especially of each being ajjjjrised as soon as possible of any considerable Measure which may be adopted in this Country with reference to any one of the Provinces in question. Bearing in mind these Considerations, I transmit to you Copies of certain Despatches which I have addressed to the Lieutenant Governor of New Brunswick. As I trust that they will be found to convey with sufficient Distinctness an I'^xplanation of the Ciicumstances in which they originatetl, and of the Motives by which they w jre suggested, 1 enter into no further Statement of that Nature. \oii will find in these Despatches, not the more general Assertion, but so far as depends on His Majesty's Government t!ie practical Execution, of some of the most important Principles by which it is designed to conduct the Adminis- tration of British North American Affairs, s'o far as those Measures are capable of Application to Upper Canada, you will have the goodness to con- (H.) • H 2 sider No. 21. Lord Glenelg to Sir F. B. Head, 22dSept. I83G. Enrlosure No. 2. No. 22. Lord Glenelg to Sir F. B. Head, 30th Sept. 1836. Enclosures. ■•'1 . I' ')■ ,) ^i1 ■I r*^*v' 60 DESPATCHES FROM LORD GLEXELG Enclosures. No. 22. sider my Instructions to Sir A. Campbell as addressed to yourself. In trans- Lord Glenelg ferring them to the Case of a difterent Province, it is of course designed tliat Sir F.B? Head every Latitude should be left for their Adaptation to the Exigencies of thf 30th Sept. 1836. public Service which may be prescribed by tiie inherent Ditlt'erences of local Circumstances. It has appeared to me that it would be very desirable to accelerate the meeting of the Legislature of New Brunswick, in order that the Nature ot tlie proposed Arrangements in tliat Province might be well understood in both tlie Canadas and in Nova Scotia before the opening of the regular Session of the General Assemblies of those Provinces. I have every Reason to antici- pate from the Legislature of New Brunswick so distinct and cordial an Affirmation of the great constitutional Principles which have been controverted elsewhere as may largely contribute towarils the more easy and satisfactory Settlement of the Questions in Debate in Upper and Lower Canada. It is further my Wish that the meeting of the Upper Canadian Assembly, though postponed for some Weeks after that of New Brunswick, should j)recede by an equal Period the meeting of the Legislature of the Lower Province. From this Arrangement I foresee the Advantage that in Upper Canada, in the probable Temper of tlie new House of Assembly, another most important Declaration may be obtained in favour of constitutional Principles, while the Danger which may exist there of urging to a hazardous Extreme the recent Victory over a hostile Party may thus also be avoided. If these Expectations should be fulfilled. Lord Gosford would meet the Lower Canadian Assembly with Advantages of which he might perhaps be able to make a most important Use. The popular Leaders, perceiving that their Views had been disavowed in the adjacent Provinces, would probably a])proach the Discussions of the Questions which they have so long agitated in a much more moderate and sober Temper of Mind than formerly. Or if they should still persevere in the Course which they have hitherto pursued, and thus impose on Parliament the Necessity of any direct Interven- tion, the Obstacles which have hitherto prevented recourse to such Measures would be very greatly diminished by the public and decided Adherence of the other British North American Legislatures to a different Policy. Although such are my own Views, and although I transmit to Lord Gos- ford a Counterpart of this Despatch, I do not venture at this Distance to enjoin on yourself and his Lordship an exact Compliance with them ; hut you will immediately enter into Correspondence with Lord Gosford on the Subject ; and unless you and he should concur in 0})inion, that it is desirable to pursue a diflerent Course, the Meetings of the Canadian Legislatures must be so regu- lated as to aflbrd Opportunity for the Execution of the Plan which I have ex- plained. If, on the other hand, you and Lord Gosford should agree in preftirring a difterent Order of Proceeding, I shall be jierfectly satisfied to yield my Opinion to your concurrtMit Judgment, and shall be convinced that it has been adopted on solid and sufficient Reasons. In Nova Scotia and in Prince Edward's Island these Controversies liave not hitherto arisen, nor perhaps are they likely to grow uj) in those Provinces. But in transmitting to the Officers administering the Government of those Provinces a Copy of this Despatch, and of its Enclosures, I have desired them to call together their respective Legislatures at whatever Period Lord Gosford may, in concurrence with you, j)oint out to them as being most calculated to facilitate his Lordshii)'s Success in the approaching Session of the General Assembly of Lower Canada. nig I have, &c. (Signed) Glenelg. Enclosure No. 1. First Enclosure in No. 22. (No. 84.) Copy of a Desi'atch from Lord Glenelg to Sir A. Cajipbell. Sir, Downing Street, 31st August 1S36. Iliave to acknowlctlfrc the Receipt of your Despatch of the Kith March last, No. 19, transmitting the Copy of an Address from the House of Assembly of New Hrunswick to His Majesty on various .Subjects connected with the Administration of public Affair.^ in that Province. I have since received from Messrs. Crane and Wihnot, tiie Gentlemen deputed by the House of Asseuibly to represent them in this Country, the original Addrcs.s of the . - • . 8 A.>iseml)ly ; Assembly ; the Matters taiclose for yt I have had of Assembly, and Temper of great const The Assen G)mmands t( afford them operation in I It is with yi they desire, they form tht of this Counti States of Rriti I proceed t I am comman( 1. The first Estate. The the Commissiu in the Exerci.si I'rosperity of ' Majesty on tlii tlie entire Con and Managemt Government at The Memor the '27th install added on this ] From my Dt the Crown Lan stopping to inq Objections urgt Decision on the His Majesty Crown Lands si for the Time be be your Duty belon''inK to tl Council, and t( Majority of its belong the Duti His Majesty Rrmiswick to p Executive Gove prepared to rece tile Policy and ! Crown by the C I'onii of Legisk Crown is imme Uncertainty sho it will be indis] Clause suspendi declared. 2. The Asser the Receipt and prevented from by Lord Ripon'i It would appe some degree fn Occasion to exai His Majesty's C which may be pi nected with the Majesty has no wick any Inform but as some Mis that in future lh( Days from the i Expenditure of I This Kelurn mi ^•1.) ON THE SUBJECT OF CANADA. dt 111 trans- ;ned that es of the ! of local erate the S'^ature of I ill both ir Session to aiitici- jiilial an itroverted itisfactory la. It is ', though 1 jirececle Province. Ja, in the important while the he recent meet the erliaps be ving that jirobably igitated in 2 hitherto Iiiterven- Measures ice of the ord Gos- to enjoin }oii will ect ; and to pursue so regu- lave ex- ircferring yield my las been have not 'rovinces. of those ired tlieni Gosford iilated to General ENELO. list 1836. St, No, Iff, ick to His ir.s in that ■11 deputed CSS of the A.«iseml)Iy ; No. 'i'.'. Lord Uleiiclg (u Sir F li. Htad, 30th Sept. \WJti. Assembly ; and I have also l)een in communication with those Gentlemen, as well on Uie Matters to which the Address adverts as on others connected with tiie Colony. I enclose for your Information Copies of the Correspondence wliicli has passed with tiiein. I have had the Honour of laying at the loot of tlie Throne the Address of the House of Assembly, and I am commanded to express His Majesty's Satisfaction at the Spirit and Temper in which tlie House have framed this llecord of their Sentiments on Sulyects Enclosure No. 1 of "leat constitutional Interest and Importance. The Assembly express their Approbation of the Instructions issued by His Majesty's D)mmands to Sir F. Head and to the Canada Commissioners, and state that it would afford them entire Satisfaction i'" t!ie Principles which they involve were carried into operation in New Brunswick. It is with great Pleasure that I am enabled to give the Assembly the Satisfaction which they desire. The Principles involved in those Instructions are not of limited Application; they form the Basis of the Policy which, in His Majesty's .ludgment, it is the Wisdom of this Country to pursue in reference, not only to the Caiiadas, but also to all the other States of British North America. I proceed to bring this general Declaration to a practical Test in the Answers which I am commanded to return to the Address. 1. The first Subject to which the Assembly advert is the Management of the Crown Estate. Their Representation is in substance that the Powers at present confided to the Commissioner of Crown Lands are excessive, and that the System which that Officer, in the Exercise of his Discretion, has followed, has tended to retard the Settlement and the Prosperity of the Province. But, in deference to the Judgment already expressed by His Majesty on this Subject, the Assembly withdraw on the present Occasion their Claim for tlie entire Control and Management of the Crown Lands, and suggest that such Control and Management should in future be confided to the Administrator of the Provincial Government and the Executive Council. The Memorandum enclosed in the joint Letter of Messrs. Crane and Wilmot, dated the iTth instant, will explain to you the Uepreseiitations which tliose Genllemen have added on this Part of the Question. From my Despatcii of the 3lst March last you will have seen that tl'.e Man;igoment of the Crown Lands in New Hrusiawick has lately engaged much of my Attention. Without stopping to inquire whetlii.r that Despatch may not in some degree have anticipated the Objections urged by the House of Asseml)ly, 1 am at once to convey to yon His Majosty's Decision on the proposed Measures of Amelioration. His Majesty is pleased to atquiesce in the Suggestion, that the Management of the Crown Lands should for the future be confided to tlie Administrator of the Government for the Time being, aided by his Executive Council. In pursuance of this Decision it will be your Duty hereafter, in all Questions relating to the Disposal of Lands or Timber belonging to the Crown, to submit the Subject for the Consideration of the Executive Council, and to proceed only in conformity with the Opinion of that Council, or of a Majority of its Members. To the Commissioner of Crown Lands, however, will still belong the Duty of carrying into effect such Measures as shall have been thus decided on. His Majesty at the same Time readily admiui 'he Right of the Legislature of New , Brunswick to pass such Laws as may seem to thoni expedient for the (Juidance of the Executive Government in this Branch of their Duties. His Majesty will be at all Times prepared to receive, and to consider with Attention, any Suggestions or Advice respecting tile Policy and System of Management of the Crown Lands which may be offered to the Crown by the Council and Assembly of New Brunswick, whether by Addresses or in the Form of Legislative Enactment. Bui as this is a Matter in which the Prerogative of tlie Crown is immediately concerned, and as it would obviously be inconvenient that any Uncertainty should be introduced into the Hi'gulations for the Disposal of Crown Lands, it will be indispensable that any Act to be passed for such a Purpose should contain a Clause suspending its Operation until His Majesty's Pleasure resjK?ciing it shall have been declared. 2. The Assembly complain that they have not been able to obtain detailed Accounts of the Receipt and Expenditure of the Casual and Territorial Revenue, and iiave thus been prevented from making those Suggestions respecting the Management of that Fund, which, by Lord Ripon's Despatch of the '2d January 18;3;3, they were inviteil to oiler. It would appear, by the Observation annexed by you to the Aihlress, that you dissent in some degree from the Correctness of this Statement. I am not however called on this Occasion to examine into what is past. With respect to the future, I have to convey to you His Majesty's Commands that the most prompt Attention should be paid to any Addresses which may be presented to you by the House of Assembly for Information on Subjects con- nected with the Receipt and Expenditure of the Casual and Territorial lU venue. His Majesty has no Desire to withhold from the Representatives of the People of New Bruns- wick any Information on such Points which they may consider necessary for their Guidance : hut as some Misapprehension appears to have hitherto existed on the Subject I must direct that in future there be annually laid on the Table of the House of Assembly, within Fourteen Days from the Commencement of their Session, a detailed Account of the Receipts and Expenditure of the Casual and Territorial Revenue of the Province for the Year last passed. This Uelnrn must be prepared with the utmost Clearness and Precision ; and it might (M.) H 3 perhaps lit m ' »^-r4*v- 62 DESPATCHES FROM LORD GLENELG No. -A'. Lord Glunelg to Sir 1\ B. Head, •4(lii\ Sopt 1830. ICiiclosiirc No. 1 . j)crliaps be possible for you to arrange before-liand with the Assembly the Form in which it could be most advantageously drawn up. It is scarcely possible to contemplate a Case in which it might be necessary to refuse the Call of the Assembly for any Information on this Subject, but should a Case occur you will not fail immediately to report the Circumstance to me. fi. The Assembly next allude to the Composition of the Executive Council. They recommend that the Numbers of the Council should be materially increased ; and His Majesty will take this Suggestion into consideration, allhough He is not yet prepared to declare whether it can be carried into elfect, still less what should be the Extent of the proposed Increase. The Assembly further express their cordial Concurrence in the Views of Mr. Spring Rice relative to the sununoning to that Hoard of some Members of the popular Branch of the Legislature. On tills Topic the Assembly have expressed themselves with a just Delicacy. Declaring their Approbation of Mr. Spring Rice's Despatch, they yet disclaim any Wish to offer an Opinion to the King as to the Persons whom His Majesty may be pleased to c ill to fill Seats in the Executive Council. It is obvious, indeed, tiiat a peremptory Rule on the Subject would be inatlnii.ssible. At present it is open to the Crown at its own Discretion to select Members for the Executive Council from all Descriptions of His Majesty's Sub- jects. The Prerogative is unfettered, and it is, in the Opinion of His Majesty's Advisers, most advantageous for all Parties that so it should remain. With respect to the Maimer in which it shall in thi.s Praneh of it be exercised. His Majesty can give only the general Assurance, which he directs me to convey to the House of Assembly, that his Selection of Persons to sit in the Executive Council will be guided solely by a Reference to the per- manent Interests of the Province, and to the (Qualifications of those whose Names may be submitted to hiin for that Distinction. 4. The Composition of llie Legiblative Council is the next .Subject alluded to by the House. Admitting that no great public Evil has yet arisen from this Source, they never- theless express their A])preliension, that, according to the Principles laid down in the ln>tructions to the Canada Commissioners, those Members of the Council who hold Office under the Crown could not be expected to exercise an unbiassed Juilgment on the Ques- tions which might come before them. His Majesty's Ministers entirely agree in the Impor- tance of securing the Indepeiuleuce of the Li'gislative Council ; they are not indeed pr.'pared, especially after the caiulid .\dinission of the Assembly as to the working of the present System, to recouiniend to His Majesty the Supersession of any of the present Membi' 's ol the Council, nor do they consider Office as of itself a Disqualification lor a Seat in the Council : but they freely admit that the Introduction into it of too large a NuiuLer of Persons holding Placi's of Eniolinnenl under the Executive CJovernnient would tend to detract from its Weight as an iiide])eudent Branch of the Colonial Legislature. Lord Hipon, in a Despatch dated the 1st May 1NJ"2, observes, that the Legislative Council " sliouhl principally consist of (ientlemen independent of and unconnected with the " Execulivi' (iovernineni, and selected from the principal Inhabitants of the Province and " those having the greatest Stake in its W I'Ifari'." To this Principle, although it would seem that accideiilal C'ircumslances have hitherto prevented it from being carried into liill Ett'ecl, His Majesty's (iovernment coniinui' to adhere. Win never therefore it mav be- come yonr Duty to recouiinend to me Hir His Majesty's Approbation the Name of anv Cieiuleiiitwi to be Mpijointeil a Member of the Legislative Council, you will bear in miiul the Ruh- laid down by Lord Ripon in tin' WOvds which 1 have just (pioted. It may be proper to advert in this Pliue to the liupri'ssion which has been ju'oduced on the Minds ol thi' As.-iinbly by those Clauses of the Instructions lo Sir I'Vancis Head. " which " (lo use their oun Language) '> might be supposed to aU'ecl the [nde|)endeiice ol " Meiiiliers of tln> Legislature holding any inferi(U' Olfici' or .Aj)poiininent under tlu' '• (iovennuelil." On this Subject it i.s enough to point out to the Observatien of the A-seinbly, that the Cl.uises in (pii'slion, in so lar as they eoncern Persons holding Seats in eitli'-r House, have reference expressly to " jIAv/i/x/a' of the local (iovernmeiu;" not to inti'rior Ollicers, but to those who i'onn an actuid l\)rtion of the Executive Covernmeni, antem of /Vdiuinistralion. With regard to such Individuals, I trust the Assembly will aduiit the .lustlcv' of the Observation whidi concludes the Consideration of this Topic ill tin' liisiruilii)iis to >'Hf I'laueis Head: — " I nlesS this (.'mirse be pursued, it woidd be '■ impo^silile to rescue the Ileaii ol the (ioveriiiiieni from the Imputation of liisincerilv, " or lo coinlucl the A('iiiinisiration ol public Alliiiis with the nece.''sary I'irumi'ss and " Decision." !>, I no« come to the Application of the .Assembly for the Surrender to them of all the Revenues at the Dispiisiil uf the Crown in ihi' I'rovince, including the Payments of the Nova SiMjiia and New Itruiiswick Land Company, in return for a Civil List, to be granttnl lor a Period eitlnr of Ten \'ears or pennani'inly. After a , 1 relir are the lollowing: — pleasid lo convent to this Application uf the Assembly. The Two (jiiulifications to aciously to which M but over the and moderate tinue to be d( Statements re Despatch, ' h scarcely add, Consideration die Amount o Secondly, might otherw exercised by t Parliament, at regard to the Ireland, shall the House of ( tion of the Ri peculiar local however, subji In regard tc to inform you, Ix'ing the Snii Question 1 lun 183-"3 it was no Civil List was otherwise exis Desiiatch, wliei he proposed to If therefore having lor its Sterling per A for die Signific yourself at libc which have not The follow ill in the first insti Salan First, The Appropriation of the House of Assembly is lo be e.u'rcised, not over the gross, but Estal) Salary Annul C;ollefi Jiidiai After defrayii cable lo any inc You will howevi Salaries are to I Hevisiori of tho Im'cii already an Occiirreiice of exceed the Siiir me to MUiioimce applied exdusiv Interests, and ai It has heeii si according to i,o: the Revenues to he included the To this Suggest disposed to with Eegislatiire for t (M.) Is ON THE SUBJECT OF CANADA. n ill which ! a Case in ion on this •cumstance ?ased ; and 't prepared tont of the Mr. Spring Branch of Declarinj{ to offer an ) c ill to fill ulc on tfie 1 Discretion esty's Sub- 's Advisers, Manner in he general Selection of to the per- nes may bo to by the they nevcr- )wn in the hold Office n the Ques- tht Impor- not indeed ■king of the the present ution for a 00 large a ineTU would gislature. ive Council with the ovince and 1 it would into full t may bo- nne of any r in mitul rodiictil on tieis Head. 'udent'e ol under tlu' iiHi of the L{ Seats in It ;" not to overnment, ' l'\istenee Assembly this 'l'o|)ic "iiuld 1)0 M.ineerity, unless and hem of all ■nts of the K' grante()0 0.50 LO.JO .550 •_>oo 1,1. -lO LMK) 1,7.51) 000 .100 ;)oo 50 100 1.50 1,000 r)4 Eegislatine for the Purpose of repealing tlie (iuit Rent Couunutation Act of lHiJ5 m 1, . : ,1 .■Mi p'liii L'li (11.) 11 1. la rH^*^-' 64 DESPATCHES FROM LORD GLENELG No. 'i'J. LdiiI Glciiclg to •«ii F. li. Head. M»h Sept. J8:i(). Enclosure No. 1. Kiu'losiiro No. 2. In closing this Communication I am commnndod to express tlie Satisfaction with which His Majesty has felt himself enabled to decide on the variov Particulars to which it refers. This unicious Attention on the Part of His Majesty, to the Wishes of his faithful Subjects in New Ihunswiek will, the King has no Doubt, be received by them as a fresii Proof of the Interest which he takes in their Welfare, and of his Solicitude to promote the Deve- lopnuiit of the great and manifold Resources of that Portion of the British Empire. Sir A. Campbell, I have, &e. &c. &c. &c. (Signed) Glenelg. No. 85. Second Enclosure in No. 22. Copy of a Despatch from Lord Glenelg to Sir A. Campbell. Sir, Downing Street, 5th September 1836. Ill my Despatch of the Slst ultimo I have comnumicated to you the Answer which His Majesty has commanded me to rotm-n to the Address from the House of Assembly of New Brunswick of the I4tli Marcii last. I have at the same Time enclosed for your Information Copies of the Correspondence which imd passed on the Subject of that Address, and on other Matters of a public Nature between this Department and Messrs. Crane and Wilniot, the Cientlt'iiien deputed by the House of Assembly to represent them in this Country. Having eonununicated to Messrs. Crane and Wilmot the Draft of my Despatch "•' the 31st uilinio, I iiave received from them the enclosed Observations upon it. Ilia., '■^t liad witli them personal Communications on the Subject. I now proceed to inform yo t ^v]lat respects His Majesty iias in consequence been pleased to direct that the Instructions contained in my Despatch of 31st ultimo shall be altered or modihed. I. The first Alteration proposed by Messrs. Crane and Wilmot is, that the Executive Council slioulil, in compliance with the Wishes of the Assembly, be at once enlarged, without waiting the further Deliiieration contemplated in my Despatch of the 31st ultimo. On this Point llis Majesty, after a due Consideration of the Arguments urged by the House of Assembly, and of the Representations of Messrs. Crane and Wilmot, is prepared to adopt the necessary Steps for meeting the Wishes of the Assembly. It is unnecessary, on the presi'iit Occasion, to offer any Pledge as to the precise Number of which the Executive Council should hereafter consist ; nor indeed could an invariable Rule be prescribed on that Subject without Inconvenience. Rut you will immediately report to me the Names of several Gentlemen whom you may think most eligible for Seats in His Majesty's Execu- tive Ciiuncil. In making your Selection you will not confine yourself to any single Class or De.scriptlon of Persons, but will endeavour to ensure the Presence in the Council of (jeiitli'Mieii representing all the various Interests which exist in the Province, and possessing at the same Time the Confidence of the People at large. It may not be possible always to find such Persons in the Neighbourhood of the Capital, but I am assured that there are Geiillemen of' lortune in the Province who, if appointed to the Council, would, from public Motives, attend to the Duty. II. Tlie Instructions respecting the Regulation of the Land Department are next allu the Deve- r^ ire. &c. jLENELG. ibcr 1836. " whicii His bly of New [uforniatioii ess, and on nd VSilniot, lis Country, latch "•' the I ha.. '-T arm yo 1 Instructions e Executive e enlarged, 81st ultimo. y the House fed to adopt ary, on the e Executive escribeil on the Names sty's Execu- ngle Class Council of possessing always lo there are from public 'Xt alluded Assent at instead of I- remark, compensate 'cessary, of •ge on the •o|ieriy hiul creati'd by )elay in the ould guard Heasuii to ition of the assing. If a Clause lur Months t on other ,t it will Ih; light under I' I have to ncial Vccordanee row) have he Execu- , whatever of render- ild assume e virtually invested invested with the entire Management of the Territory itself, and must exercise a Power whicli has never been placed in this Country in any other Hands than those of the Executive Government. To depart from tiie established Usage in this respect would be to subvert the existing Balance of the Constitution, and to place Powers of the greiitest Importance in Hands not subject to any effective Responsibility. I propose therefore, that as in Great Britain the Cession of the Hereditary Revenue was accompanied by an Enactment which enabled the Lords of the Treasury to fix in the first instance all the Charges of Collection and Management, so in New Brunswick the Cession of the corresponding Revenue to the Appropriation of the General Assembly should be accom- panied by an Act authorizing the Governor of the Province, with the Advice of his Executive Council, to expend out of the gross Income whatever Sums they may find necessary for the Management and Collection of that Revenue. And as in Great Britain the House of Commons, by exercising its Judgment on the Accounts of the Expenditure which are always laid before it, has in effect a sufficient and constitutiojial Control over that Expenditure, so in New Brunswick the same Con-ol over the Revenues, in question would by the same Means be vested in the House of Assembly. The Assurance whicli you have been directed to convey to the House of Assembly, that Accounts of the Receipt and Exi)cii(liture of that Revenue shall be annually laid before them, and that His Majesty will be ever ready to devote the most attentive Con- sideration to any Suggestions from either Branch of the Legislature in regard to the Expense of Collection, appear to afford a Guarantee against any unnecessary Disbursements for that Service; but there would be no Objection to confirm that Assurance by a positive Enactment. IV. Messrs. Crane and VVilmot next advert to the Amount of the Civil List, and suggest that the Sum of l.'ijOOO/. Currency should be substituted for that of H,000/. Sterling. Although it has not been in my Power to advise His Majesty to accede altogether to this Suggestion, I am — of opinion, after adverting to the Arguments urged by those Gentlemen, both '1 iieir written Communications and in Conversation, that some Modification of the Proposition contained in my Despatch of the 31st ult. r- " be advantageously made. Among the It, instead of the Sum of 14,000/, Sterling demanded in my Despatch of the 31st nit. I cannot doubt that the Assembly, considering the large and growing Reveiuie to be given up to their Control in return for this Sum, will cheeifully agree to the Terms oiie!e« 66 DESPATCHES FROM LORD GLENELG No. 22. Lord Glenelg to Sir F. B. Head, 30th Sept. 1836. Enclosure No. 2. present ; nor will the Auditor in any degree impede or interfere with their Proceedings ; indeed it will be alwaj'S in the Power of the House to obviate any such Consequence. V. The last Subject noticed in the enclosed Memorandum is the Scale of Salaries of public Officers, and it is proposed that the Reductions to be made in '.hese Salaries on the Occurrence of Vacancies should be distinctly specified in the Despatch to you. It is also stated to be the Opinion of the House of Assembly that no Officer in the Province, except the Lieutenant Governor, should receive a larger Salary than the Chief Justice or a Puisne Judge of llie Supreme Court. 1 am fully alive to the Importance of the Subject thus brought under my Notice, but adverting to the rapid Changes which are lakii: place in New IJrunswick, and to the Length of Time which may possibly elapse before an Oppor- tunity occurs for revir-.ing the Offices of which the Emoluments are borne on the proposed Civil List, I am of opinion that it would not be convenient at the present Time to pledge His Majesty's Governmeni to the specific Amount of Remuneration which shall hereafter, and periiaps under altered Circumstances, be attached to those Offices ; at the same Time I am anxious to institute a Course of Inquiries calculated to prepare Materials for a final and well-considered Judgment on the Subject. With this view I desire to recc've from yourself, and fi'om the Legislative Council and the House of Assembly respectively, Reports pointing out the Amount of Emoluments which in your Opinion would constitute an adequate Remuneration for each of the Offices in question. It is of course understood that during the Temire of the jjresent Officers their existing Emoluments shall be preserved to them, but whenever Vacnncies sliall occur His Majesty's Government will consider what Reduction should he made in those Emoluments, and will devote their serious Attention to the Statements which I have now invited, in the Hope that they may be able at once to effect a considerable Saving in the public Expenditure, withiut impairing in any degree the Efficiency of the respective Offices. It must moreover be distinctly intimated to every Officer who may hereafter be temporarily appointed to any of the Situations of which tlio Salaries are borne on the Civil List, tliat should sucli temporary Appointment be subse- quently confirmed, the Emoluments of the Office will nevertheless be subject to Revision and Reduction, and that no Claim to Compensaiion for Loss of Salary will have been created by the Discharge of the Duties ad interim. With respect, however, to the Office of Lieutenant Governor, I am to observe, that it has been already determined, on the Occurrence of the next Vacancy, to reduce the Salary attached to it to 0,000/. Sterling »v>r Annum. Ik-low that Sinn it could, 1 think, scarce!}' be reduced, consistently with .he Rank and Dignity which the Lieutenant Governor is required to maintain as His Majesty's Representative. I have now gone through all the Points mentioned in the enclosed Memorandum; but before I conclude this Despatcli I nuist advert to a Topic which has been pressed on my Attention by Messieurs Crane and Wihnot. It luis been stated, that by the Stipulation that the net Proceeds only of the Casual and Territorial Revenue should '. " ceded to the Assembly an almost unlimited Power of Expenditure for Purposes connected with the Management of the Crown Estate still remains in the Hands of the Executive Government. In order to prevent any Abuse of this Power, it is proposed that an Instruction should be given to you, that, on the Presentation of an Address to you from the Assembly, expressing their Disapprobation of any Expenditure then actually in progress, you should suspend the Progress of such Expenditure until the King's Government at home shall have an Opportunity of deciding on llie Propriety or Impropriety of continuing it. To this Pro- position 1 have felt myself unable, for several Reasons, to assent; but I have informed Messieurs Crane s^wd VViimot, that on the Occurrence of the Event which they have contemplated you woultl receive with all the Weight due to the Opinion of the Representatives of the People, any Address which might be presented to you by the Assembly, and that vou would be instructed to lay that Address before your Executive Coinicil, and to receive their 0|)inions on the Subject of it before taking any decisive Step, and it woidd be moreover your Duty in such a Case immediately to report the Circumstances to me, with a lull Explanation of the Grounds on which your ultimate Decision shall have proceeded. Sucii art- the MoJifi.iiions of my Despatch of the -list ult., which, after a full Consideration of tlie Subject, His Majesty's Ministers have felt themselves at liberty to rei.ommen(l to His INIajestv. \Vhile they regret their Inability to proceed to the full Extent of iheWishes of Messieurs Crane anil Wilmot, lluy are yet persuaded that the liberal Spirit in which His Majesty's Answer to the Address of the House has been coneei\e(l will sufficiently indicate tin' Anxiety of His Majesty to accede, as fin- as is compatible with pid)lic Interests, to their Wishes on Matters connected with the Administration of the Provincial Government. The Dillerences of Opinion that ivaiy still remain in some Particulars between the Views of the Asst'inbly and those adopted in this Coimtry me perfectly compatible witii the Existence; of a sincere and single Desire on both Sides to consult only the permanent Well-being of the Provinct', and caimot tlierel'ore, it is trusti'd, impede the satisfactory Settlement of the Questions mooted in the Address of the Assembly of the 14th of luBt >tarch. Sir A. Campbell, I have, &c. &e. Sec. Sec. (Signed) Glenelo. !■ * No. 86. Sir, With refere of the Arrang Brunswick, it I be taken for siderations app Provinces also, Proposals whic Measures for ( on your Receij: On the meet: Council and t( 5th September. Occasion. The a full and '^aref developed to tl latures of the o In one respi defective ; they be made for sec I am vet engagi some Time may Terms in which Account the mi them. The ge without refereiK of those Details far as possible tc precise and defi) You will fur and require' the from the Time ( Legislatiu'e. Th of Crown Lam Guidance of hii doing any other by Law, so soi reduced iuio th contained in th most perfect Ct made by His \ if not essential. Understanding I Sir A. Campb &c. &c. Sic (No. 101.) Copy of a •Sir, I iiA\';o I'oci'i wliicli yon ri' make such A I deration, yon such Portions Coinmatitliii^' 1 Oil till' SL'CO liiivc received the Hoard of (, liave to make tl If I am to imattcndt'd by i (11.) '^ ■.ii'T .'if' i ON THE SUBJECT OF CANADA. •I 'roceedings ; lence. ' Salaries of iries on the I. It is also ince, except or a Puisne iubject tlius :ii: place in e an Oppor- tlie proposed ne to pledge ill hereafter, 5 same Time 3 Tor a final recc've from 'ely, Reports onstitute an lerstood that preserved to )nsider what Attention to e at once to II any degree ,ted to every of which tho ent be subse- to Revision 1 have been to the Office incd, on the 100/. Sterling nly with .he His Majesty's randum; but ssed on my e Stipulation ceded to the ted with the Government. 3U should be expressing )idd suspend hall have an To tills Pro- ed Messieurs contemplated atives of the ind that you d to receive it would be nces to me, 11 shall have 'onsideratioii iniend to His (iI'Mesaieiirs lis Majesty's indicate tin' 'sts, to thi'ii' iinrnt. The Views of the he Llxistelico ■being of the iment of tlie % ike. lil.liSELO. No. 86. i Third Enclosure in No. 21. Copy of a Despatch from Lord Glenelg to Sir A. Campbell. No. 22. Lord Glenelg to Sir F. B. Head, 30th Sept. 1836. M Sir, owning Street, 10th Sept. 1836. With reference to my Despatches of the 31st ult., and of the 5th inst., explanatory of the Arrangements into which it is proposed to enter with the Legislature of New Enclosure No. 3 Brunswick, it has appeared to His Majesty's Government necessary that Measures should be taken for holding a Session of that Legislature with the least possible Delay. Con- siderations applying, not to New Brunswick alone, but to the other British North American Provinces also, require that no Time should h". lost in giving general Publicity to the Proposals which you are authorized to make. You will tiierefore take the necessary Measures for convening the General Assembly for the Despatch of Business immediately on your Receipt of this Despatch. On the meeting of the Legislature you will by a Message communicate to the Legislative Council and to the Assembly, Copies of my Despatches of the 31st August and of the fjth September. It is my VVish tliat no needless Reserve siiould be practised on this Occasion. The Views explained in those Despatches having been maturely adopted after a full and '■areful Investigation, it is desirable that they should be fully known and clearly developed to die Legislative Bodies of New Brunswick, and through them to the Legis- latures of the other British North American Provinces. In one respect the Arrangements announced in the Despatches just referred to are defective ; they do not comprise any detailed Expl....ation of tiie Provisions of the Act lo be made for securing the Civil List, atul for the Regulation of the Sale of the Crown Lands. I am yet engaged in Correspondence with Messieurs Crane and Wilmot on those Topics, and some Time may possibly elapse before I can settle with those Gentlemen what are the precise Terms in which those Laws ought to be drawn up; you will not however postpone on that Account the meeting of the Legislature, or the Communicationn which are to be made to them. The general Principles may be considered and agi'eed upon by the Two Houses without reference to the more minute Details. Indeed I have entered upon the Discussion of those Details, not as thinking that additional Task indispensable, but because I wish as far as possible to relieve you from an irksome Responsibility, by rendering your Instructions precise and definite in every respect. You will further observe, t.- ■ it is my Wish and Instruction that you should act and require the public Officers of the Province to act, in the Spirit of those Despatches, from the Time of your receiving them, and even before diey c.iii be communicated to the Legislature. Thus, for example, you will direct the Surveyor General and the Commissioner of Crown Lands to conform himself imniediattjly to the Principles laid down for the Guidance of his Department, abstaining from selling Lands in any large Lots or from doing any other Act which there may be sutKcient Reason to conclude will be prohibited by Law, so soon as the Arrangements contemplated on that Subject shall have been reduced iiuo the Form of a Legislative Act. You will in short execute the Instructions contained in those Despatches in the Spirit in which they were written, that is, in the most perfect Candour and good Faith, regarding them, not as {'oncessions reluctantly made by His Majesty's Government, but as Measures which they regard as conducive, if not essential, to the Welfare of the Provinci, and to the Maintenance of a good Understanding between die Inhubitauts of New Brunswick and tho Parent State. I have, &c. ' Sir A. Campbell, (Signed) Glenelo. &c. &c. ixe. No. 2.3. (No. 101.) Copy of a Dksi'atch from Lord Glenelg to Sir T. B. Head., k. c. ii. Sir, Downing Street, ttii October 1836. 1 iiAv;; rccoived your Despatch dated the 2()th of August last. No. (ij)., in wliich yon retiiiest tliat Authority may instantly be sent to yon, first, to make sncit Alteration in the Liuid-granting System as, ujion mature Consi- deration, yon may think necessary ; and, secondly, to (Hspdse, if re(|iiired, of such PcH'lions ot the Military lleserves as appear, by the Report of I he Coiniiianding Krmineer, not to be recpiired for Mihtary Purposes. On the secoml of these Proposals 1 can ex])ress no Opinion until I shall have received the Report whicii 1 have requested the Master (ieneral and the Board of Ordnance to make tonic respecting it. On the first of them I lia\'e to make the liillowing Remarks : — If I am to understand this Expression in the full Sense which the Words, unattended by any Explanation, wotild convey, then I nuist ui)avoiilabIyile<'line (il.) 1 JELG. L.C. II. M M from the Assembly of New Brunswick in discussing the Provisions of the Bill for securing the Civil List which it is proposed to grant to His Majesty in that Province. I now transmit to you a Copy of that Bill, as it has met with the Concur- rence of Messrs. Crane and Wilmot, and received the Sanction of His Majesty's Government. I also enclose a Copy of the Despatch with which I have accompanied its Transmission to Sir A. Campbell. These Papers will complete the Correspondence which I have already forwarded to you on the Subject, and you will have the goodness to consider them as supplementary to my confiden- tial Instructions of the 30th ultimo. I have, &c. (Signed) Glenelg. No. '2i. Lord Glenelg to Sir F. B. Head, Sth Oct. 1836. First Enclosure in No. 24. New Brunswick. A Bill for the Support of the Civil Government iu this Province. Whereas His most Gracious Majesty has been pleased to signify to His faithful Commons Enclosure No. 1. of New Brunswick that His Majesty will surrender up to their Control and Disposal the — ' Proceeds of all His Majesty's Hereditary, Territorial, and Casual Revenues, and of all His Majesty's Woods, Mines, and Royalties now in hand, or which may hereafter during the Continuance of this Act bo collected, in this Province, on a sufficient Sum being secured to His Majesty, His Heirs and Successors, for the Support of the Civil Government in ■' '> Province : And whereas we. His Majesty's most^dutiful and loyal Subjects, the Commons of New Brunswick in General Assembly convened, with Hearts full of the warmest Duty and Gratitude, are desirous that ample and liberal Provision should be made for the Expenses of the said Civil Government during the Continuance of this Act by Charges on all and every of the Revenue^ now and hereafter to be levied and collected in this Province, have therefore freely and unanimously resolved to give and grant unto His Majesty King William the Fourth, His Heirs and Successors, a certain Sum for the aforesaid Expenses of tlie Civil Government, payable out of the joint Revenues of this Province : Be it therefore enacted by His Excellency the Lieutenant Governor, Legislative Council, and Assembly, and by the Authority of the same, That the Proceeds of all und every the said Hereditary, Territorial, and Casual Revenues, and the Proceeds of all Sales and Leases of Crown Lands, Woods, Mines, and Royalties, which have been collected and are now in hand, or which shall be collected hereafter during the Continuance of this Act (except the Monies which shall be expended in the Collection and Protection thereof, as specially authorized and provided for by the Fourth Section of this Act), shall innnediately be payable and paid to the Provincial Treasurer, who is hereby authorized to receive the same, for the Use of diis Province ; and from and after the Expiration of this jict iho Pro- cPL'ds of all the said Hereditary, 'I erritorial, and Casual Revenues, and of the said Lands, Woods, Mines, and Royalties, shall revert to and be payable and paid to His said Majesty, His Heirs and Successors. H. And be it enacted. That there shall be granted to His Majesty, His Ili'irs and Successors, for and during the whole Period of the Continuance of this Act, the clear yearly Sum of .■irl4,,500 current and lawful Money of this Province, and that the said Sum shall be charged on and made payable out of the afore-mentioned and all other Revenues raised, collected, and paid into the Treasury of this Province, and shall connnence from and immediately after the 31st Day of December now last past, and to be paid by the said Treasurer, by Warrant imder the Hand and Seal of His Excellency the Lieutenant Governor or Commander in Chief for the Time being, with Preference to all other Charges or Pay- ments which have heretofore oeen or which shall hereafter be made upon or payable from the said Revenues, such Payments to be made (piarterly ; (that is to say,) on the .'Hsi Day of March, the iJOtii Day of June, the ilOth Day of September, and the Jjlsl Day of Deeem- lier iu each and every Year, by e(pial and even Portions, out of the Monies in the said Treasury ; the (irst Charge for the same to be made on the Quarter Day next innnediately afler the passing of this Act, and to include the Proportion of the said Sum which may hL-come due for the Support of the said Civil Government by the said Quarter Day. 111. And be it enc.cted, That all the Monies which shall be paid to the Provincial Treasurer, under and by virtue of this Act, except the said Simi of Fourteen thousand and five hundred Pounds hereby granted, shall remain in the Treasury until appropriated or disposed ot by an Act or Acts of the General Assembly of this I'rovincii to be passed i"or that Purpose. (11.) 13 IV. And im'' ■■i 70 No. 24. Lord Glenelg to Sir F. B. Head, 3l8t Oct. 1836. Eiirlosure No. 1. 1 Goo. 3. Cup. I. 1 Anne, Cap. 1. § 5. 10 Geo. 4. Cap. 50. I Geo. ;i. C.ip. I. § 10. 1 Geo. 1. Cap. 1, § 12. DESPATCHES FROM LORD GLENEJ.G IV. And be it enacted, That it shall and maybe lawful for His Excellency the Lieutenant Oovernoi and Commander in Chief for the Time being, by and with the Advice of the Executive Council, to expend out of the gross Proceeds of the said Hereditary, Territorial, and Casual Revenues, and of the said Sales and Leases of Crown Lands, Woods, Mines, ai'd Royalties, such Sums of Money as they may from Time to Time deem necessary and requisite for the prudent Management, Protection, and Collection of the said Revenue ; and that His Excellency the Lieutenant Governor and Commander in Chief for the Time being shall, wi»hin Fourteen Days next after the Commencement of each and every Session of the Legislature, cause to be laid before the Assembly a full and detailed Account stating all the Particulars of the Income and Ex{)enditure of and relating to the said Hereditary, Territorial, and Capual Revenues, Sales and Leases of Crown Lands, Woods, Mines, and Royalties, with all Vouchers to the same appertiiining, for the then previous Year. V. And be it enacted, That all and every Grant, Lease, or other Assurance which during the Continuance of this Act shall be made or granted by His Majesty, His Heirs or Successors, of any Lands, Tenements, Rents, Woods, Mines, Royalties, Revenues, or other Hereditaments within this Province, now belonging or hereafter to belong to His Majesty, His Heiri cr Successors, whereby any Estate or Interest whatsoever, in Law or Equity, shr i i^iv pass from His Majesty, His Heirs or Successors, save and except as herein-after ^"d, ■ :\li be utterly void and of none Effect, unless such Grant, Lease, or Assurance . nade i -on Sale or Rent, to the highest Bidder at public Auction in this Province, due . -vice ha'"' been first given thereof in the Royal Gazette, and unless all such Sums of Money u).:. Rents as may be payable in consideration of such Grant, Lease, or Assurance be made payable to His Majesty, His Heirs or Successors, during the whole Term or Time of the Continuance thereof respectively. VI. And be it enacted. That nothing in this Act contained shall extend or be construed to extend in anywise to impair or affect any Rights or Powers of Control, Management, or Direction which have been or may be exercised, by the Authority of the Crown or other lawful Warrant, relative to any Suits or Proceedings for the Recovery of the s^id Hereditary, Territoriiil, Casual, and other Revenues, or to Compositions made or to be made on account of any of the same, or to any Remission, Mitigation, or Pardon of any Penalties, Fines, or Forfeitures incurred or to be incurred, or to any other lawful Act, Matter, or Thing which has been or may be done touching the said Hereditary, Casual, Territorial, or other Revenues, or to disable His Majesty, His Heirs and Successors, to make any Gr^nt or Restitution of any Estate or Estates, or of the Produce thereof, to which His Majesty hath or shall become entitled by Escheat for Want of Heirs, or by reason of any Forfeiture, or by reason of the same having been purchased by or tor the Use of any Alien, or to make any Grant or Distribution f)t' any personal Properly, and devolved to the Crown by reason of the Want of next of Kiu or personal Representatives of any deceased Person; and that the said Rights and Powers shall continue to be used, exercised, and enjoyed in as full, free, ample, and effectual Manner, to all Intents and Purposes, as if this Act had not been made, and as the same have or might have been heretofore enjoyed by the Crown, subject nevertheless to the Restrictious and Regulations herein-before made and provided ; it being the true Intent and Meaning of this Act, that the said Rights and Powers shall not be in any degree abridged or restrained or affected in any Manner whatsoever, but only that the Monies arising from the full and free Ejercise and Enjoyment of them, so subject as aforesaid, shall, chu-ing the Continuance of this Act, be carried to and made Part of the joint Revenues at the Disposal of the General Assembly of this Province. VII. And be it further enacted and declared. That nothing in this Act contained shall operate to annul or prejudice any Sale, Purchase, Grant, Lease, Enfranchisement, Exchange, Contract, Rent-charge, Agreement, Pond, Mortgage, Security, Exoneration, or other Act> Matter, or Thing ri'lating to the said Lands, Woods, Mines, or Royalties which at the Time of passing this Act shall have been made, done, given, eflc'cted, or created, but the same shall remain as good, valid, and effectual for the llenelit or Security either of His Majesty, His Heirs or Successors, or of any of the Parties to or with whom or in whose Favour any such Sale, Grant, Lease, Enfranchisement, Exchange, Contract, Rent-charges, Agreement, Bond, Rtortgage, Security, Exoneration, or other Act, Matter, or Thing shall have been made, done, given, effected, or created, and be of as full force and virtue as if this Act had not been passed. VIII. And be it further enacted. That this Act shall continue and be of full Force and Eftect for and during the full and complete 'JVrm of Ten Yearn, commencing from and immediately after the Thirty-first Day of December in the Year One thousand eight hundred and thirty- last past. I for your Infori Lords Commis Acts of Parliai odier Changes Cases. You will tra Draft which it that you are au for your Acce expressed in ot of the proposed the adjusting o myselfi by the call on the Pre such as to alter If they should i assent to the i report that the Duty to withho the Operation i at least Five M new Law could It is my earn- any Change eitl Possibility of I indulge the Exj will be met by vincial Subjects, It may be ri Draft made issu and Consent of ternary Form of ance with the 1 required Analoj. would still be ct to be confided t( Council, and H applying to all ( in 'Iheory, — Ca the Council to c Sir A. Campb (No. 105.) Coi'Y of £ Second Enclosure in No. 21. Enclosure No. 2. Sir, Downing Street, 31st October. In my Despatch of the 10th of September, I apprised you that I was engaged in corre- sponding with Messrs. Crane ami Wilmot on the Provisions of the Act for securing the Civil List which it is proposed to grant to His Majesty in New Brunswick. I now enclose 2 for ON THE SUBJECT OF CANADA. JM Lieutenant ice of tlie rerritorial, ds. Mines, essary and Revenue ; • the Time jry Session unt stating lereditary, alines, and ,nce which . His Heirs ivenues, or jng to His in Law or [ except as •ant, Lease, :tion in this and unless ;iich Grant, during the 8 construed igement, or vn or other Hereditary, on account Ities, Fines, r, or Thing al, or other ly Grant or Lijesty hath irfeiture, or or to make n by reason n ; and that d in as full, id not been \vn, subject ; it being not be in It only that subject as Part of the ained shall Exchange, other Act, It the Time same shall ijosty, His iir any such (lit, Uond, been made, Act had not Force and Irom and lit hundred g October, •d in corre- ecuring the low enclose for 'i£ -kJi for your Information a Copy of that Bill, which lias been prepared in concurrence with the Lords Commissioners of His Majesty's Treasury. It is compiled from the corresponding Acts of Parliament which apply to the Grant of the Civil List in this Country, with no odier Changes than such as unavoidably grew out of the different Circumstances of the Two Cases. You will transmit to the Council and to the Assembly a Copy of this Despatch and of the Draft which it encloses. You will acquaint those Branches of the Provincial Legislature that you are authorized in His Majesty's Name to assent to any Bill which shall be tendered for your Acceptance, if framed in the Terms of the accompanying Draft, or even if expressed in other Terms which shall introduce no substantial Alteration in the Provisions of the proposed Law, Should any Bill be passed by the Two Houses having lor its Object the adjusting of the Civil List in Terms varying from those which have been approved by mysehi by the Lords of the Treasury, and by the Delegates from the Assembly, you will call on the Provincial Attorney and Solicitor General to report to you whether the Change is such as to alter in any respect the Substance and the legal Effects of the intended Measure. If they should report that the Alterations are formal merely, and not substantial, you will assent to the Bill on His Majesty's Behalf; but if the Law Officers of the Crown should report that the Variations affect the Substance as well as the Form, then it will be your Duty to withhold your Assent, unless the Bill should contain a suspending Clause, or unless the Operation of it should by the Terms of the Law itself be postponed for a Period of at least Five Months, so as to enable His Majesty to interpose on the Subject, before the new Law could actually take effect within the Province. It is my earnest Hope that the I'j'oviiicial Legislature will adopt and pass 'd Bi" without any Change either of Substance or of Form, because I am anxious to precn_de en the Possibility of Dissension upon an Occasion on which His Majesty is j tly tm, led to indulge the Expectation that His Efforts to adjust these Questions on the ni^st liberal Basis will be met by Cordiality and Confidence on the Part of the Representatives of His Pro- vincial Subjects. It may be right to observe that the Funds appropriated for the Civil i .st are in this Draft made issuable on the Warrant of the Governor alone, without requiring the Advice and Consent of the Executive Council. I am aware that this is at va'' ice with the cus- tomary Form of Legislation on such Subjects in New Brunswick ; but ii iS in strict Accord- ance with the Practice of this Country, and is therefore preferred, as maintaining the required Analogy between the Two Cases. If the Law should be passed in this Form it would still be competent to His Majesty to require that in the Exercise of the Powers thus to be confided to his local Representative the Governor should always consult the Executive Council, and His Majesty would accordingly issue to yourself Instructions to that Effect, applying to all Cases except those, which however improbable and extreme, are yet possible in Iheory, — Cases, namely, of an unreasonable aiul contumacious Refusal on the Part of the Council to concur in sanctioning the necessary Warrants on the Treasury. I have, 8ic, Sir A, Campbell. (Signed) Glenelg. No. 25. (No. 105.) Coi'Y of a Despatch from Lord Glenelg to Sir F. B. Head., k. c. h. Sir, Downing Street, 31st October 1836. 1 THINK it right to place yoii in possession of a Copy of a Letter which has been acklresscd to Viscoinit Melbomiie by Mr. Hume, complaining of your Coiuhict in tiie recent Elections in Upper Canada, and of my Reftisal to give to Mr. Baldwin and Dr. Duncombe an Opportimity of personally stating their (iricvanccs. I also transmit to you a Coyty of the Reply which 1 have directed to he returned to Mr. Hume's Letter. The Charges which Mr. Hume has preferred against your Administration appear to be only a Repetition of what you have already been called upon to answer. But J transmit to you the enclosed Correspondence, in pursuance of tlie Principle on which I have hitlierto acted, of giving you ample Opportunity of meeting every Attack which may be made on yoi:r Ciiaracter and Conduct, and of guarding at the same Time against all Misapprehension of the Nature of tlie Comnntnications which may pass between this Department and private Individuals on the Subject of your Government. I have, &c. (Signed) Glenelg. No. '24f. Lord Glenelg to Sir F. B. Head, Slst Oct. 1836. Enclosure No. i. i No. 2j. Lord (Jlciieig tu Sir r. B. HeaJ, 31st Oct.ls;i(.. Mi C'tl.) I 4 :f No. 25. Lord Glenclg to Sir F. B. Head, 31st Oct. 1836. Knclo8ure No. 1. Enclosure No. 2. « DESPATCHES FROM LORD GLENELG First Enclosure in No. 25. My Lord, Worthing, 3d October 1836. When I last had an Interview with your Lordship I requested your Atten- tion to the State of Upper Canada, and to the extraordinary Proceedings of Sir Francis Head during the late general Election. I request you will have the goodness to present to His Majesty the enclosed Memorial from the Inhabitant Householders of the Incorporated Counties of Lenox and Addington in Upper Canada, complaining of the Interference of Mr. Hagerman the Attorney General at Elections there, contrary to the express Instructions of Lord Ripon, and against the Freedom of Elections. It is with deep Regret I complain of the Conduct of Lord Glenelg to the Agents oi the Reformers from Upper Canada, in having refused to give an Inter\'iew either to Mr. Baldwin a Member of the late Executive Council, or to Dr. Charles Buncombe, Member for Oxford in the new House of Assembly of that Provuice, although they came 4,000 Miles, deputed by their Colleagues, on Purpose to explain to His Majesty's Government the Conduct of Sir Francis Head the Lieutenant Governor and of other public Officers in that Province. I most earnestly requested his Lordship to grant an Audience to these Gentlemen, as they had requested ; but he refused those Applications, and thereby behaved to them in a Manner which I greatly regret. It ap])cars that Sir Francis Head has put down the Reformers in Upper Canada by giving his official Support to the Tories and Orangemen ; and he has acted, by fabricating Votes after the Elections had been begun, to over- power the old Electors, contrary to the Rules laid down by the preceding Colonial Secretaries, and in Violation of the Rights of tlie People. Mr. Baldwin and Div Duncombe will both return to Canada and communicate to their Countrymen that they have been not only refused Redress to their Complaints, but have been refused by tlie Colonial Office an Opportunity of personally stating their Grievances. I trust such Conduct will not be countenanced by the British Parliament, from whom alone, after such Conduct, the People of Upper Canada can expect to obtain Justice. I cannot believe that your Lordship is acquainted with the State of Affiiirs in Ui)])er Canada, and with the Conduct of Sir Francis Head, or you would not a])prove of the Proceeding of the Colonial Office towards these Agents from the Province ; Conduct which appears to me calculated to drive the People to Desperation. I hope His Majesty will, according to the Prayer of the Petitioners, direct immediate Inquiry into the Complaints stated in their Memorial. I have the Honour, &c. To Viscount Melbourne, Joseph Hume, &c. &c. &c. Second Enclosure in No. 25. Sir, Downing Street, 21st October 1836. I am directed by Lord Glenclg to acquaint you that Viscount Melbourne has transmitted to his Lordship your Letter of the 3d Instant on the Subject of the Proceedings of Sir F. Ilead during the late general Election for the House of Assembly of Ujjper Canada. Lord Glenelg is of opinion that as a more convenient Occasion than the present will probably ere long offer itself for discussing the Policy pursued by His Majesty's Government in relation to the Affairs of Upper Canada, it could answer no useful Puqiose to enter into any Correspondence on that Question ; his his Lordshij) Communicati apprehension iiave drawn f( Your Lett( of the Refort Colleagues oi of the Lieute you state tlia Gentlemen, ; Behalf. You their Country plaints, but hi sonally stating In referenct you that on tli a Petition fror ('anada, impuj Klection of th Criminality. On that Oc would call up he able to offe On the iGth fiom Mr. Bald the Considerat: ])ul)lic Affairs of Mr. Baldwii Person in the this Country ; Letter to you i verbally on Sa now in Londo Opinion on the With respecl of any Persons 1 9th of Aiigusi Request of tli find in any oti by his Colleagu this Office exte to the Cliaractc He presented Member of th( Trust. It is perfect or Dr. Duncom iliuteiy on recei His Majesty's ( his Lordship in' written Statem September, and tor his Answer. Lord (Jlcnelj; Case as it arisi l)cst promoted I Lordship foimd Statements of ]V They were avt (4L) ON THE SUBJECT OF CANADA. 73 ber 1836. nr Atten- edings of ! enclosed )unties of erencc of y to tlie ;tions. ilg to the give an buncil, or Assembly olleagues, >ir Francis rovince. ! to these tions, and in Upper 1 ; and he , to over- preceding nmunicate \s to their rtunity of 'arliament, :an expect of Affairs 'ou would so Agents drive the 3rs, direct Hume. iber 1836. lelbourne e Subject n for the than the n-siied by it could Question ; his his Lordship, however, avails himself of the Opportunity afforded by your Communication to Lord Melbourne for the Purpose of correcting some Mis- apprehension into which you appear to have fallen as to the Occurrences which iiave tlrawn forth your Animadversions. Your Letter describes Mr. Baldwin and Dr. Charles Duncombe as Agents of the Reformers from Upper Canada, and as having been deputed by their Colleagues on Purpose to explain to His Majesty's Government the Conduct of the Lieutenant Governor and of other public Officers in the Province ; and you state that Lord Glenelg refused to give an Interview to either of those Gentlemen, although it was most earnestly requested by yourself on their Behalf. You add that they will both return to Canada and communicate to their Countrymen that they have been not only refused Redress to their Com- plaints, but have been refused by the Colonial Office an Opportunity of per- sonally stating their Grievances. In reference to the preceding Statements Lord Glenelg directs me to remind you that on the l!)th of August last you presented to the House of Commons a Petition from Dr. Charles Duncombe, a Member of the Assembly of Upper Canada, impugning the Conduct of Sir Francis Head in the recent general Klection of the Province, and layhig to his Charge various Matters of high Criminality. On that Occasion I stated in my Place in the House that Lord Glenelg would call upon the Lieutenant Governor for such Explanations as he might he able to offer of the Accusations so preferred against him. On the iGth of June you transmitted to Lord Glenelg a Letter to yourself from Mr. Baldwin in which that Gentleman offered various Suggestions for the Consideration of His Majesty's Government respecting the Conduct of the public Affairs of the Province. But neither in your own Letter, nor in that of Mr. Baldwin himself, was that Gentleman represented as the Agent of any Person in the Province, or as having been dej)uted by any one to proceed to this Country ; on the contrary, in the very Commencement of Mr. Baldwin's Letter to you are to be found the following Expressions : " As 1 intbrmed you verbally on Saturday last, I am fwt the Agent for the Petitioners :" ♦' being now in London, I do not feel that I would be justified in withholding my Opinion on the present alarming State of Affairs hi that Colony." With respect to the Character of Dr. Duncombe as the Agent or Deputy of any Persons in the Province, it is true that in yovir Letter to myself, of the lOtli of August, you state that Gentleman to have come to England at tiic Request of the Reformers of Upper Canada, but Lord Glenelg does not find in any other Document a Suggestion that Mr. Duncombe was deputed by his Colleagues to repair to this Country, So far as the Correspondence in this Office extends, there is nothing to show that Dr. Duncombe ever laid claim to the Character which is ascribed to him in your Letter to Lord Melbourne. He presentt'l himself to His Majesty's (iovernment in the Character of a Member of the Provincial Assembly, but as hivested with no other public Trust. It is jierfectly true that Lord Glenelg declined to admit either Mr. Baldwin or Dr. Duncombe to a private Interview. iJut it is no less true that imme- (liatels on receiving the Intimation of their Wish to make Communications tA His Majesty's Government relating to the public Interests of the Province, his Lonlshij) invited those Gentlemen to make their Statements in Writing. A written Statement was accordingly made by Dr. Duncombe on the '-20th of September, and within Two Days afterwards it was transmitted to Sir F. Head tiir his Answer. Lord (ilenelg claims for himself the Right to consider and to decid" in each Case as it arises whether the j)ublic Interest and the Ends of Justice will be liest promoted by oral or by written Communications. In the present Case his Lordship found amjile Reasons for the Opinion that it was expedient that the Statements of Messrs. Baldwin and Duncombe should be reduced into Writing Tiiey were avowedly designed to criminate various public Officers j nor car (11.) can Lord No. 25. Lord Gleneli; to Sir F. B. Head, 31st Oct. 1836. 1 , : '. I 1 11 I -vi 1^ I 1 ; 7t DEPATCHES FROM LORD GLENELG No. 25. Lord Glcneig to Sir F. B. Head, 31st Oct. 1836. Knclosure No. 2. No. 2(). Lord (jlenulg to Sir F. B. Head, 2yfh Nov. 18S6. Lord Glenelg think that any Man is entitled to complain, that in as.suming the Character of a public Accuser he is required to prefer his Cnarges in that Form in which alone they can be deliberately made, distinctly understood, and subjected to a full Investigation. I have, &c. Joseph Hume, Esq. (Signed) Geo. Giiey. No. 26. (No. 113.) Copy of a Despatch from Lord Glenelg to Sir F. B. Head, k. c. n. Sir, Downing Street, 29th Nov. 1836. I HAvi: received your Despatch of the 12th September, No. 72., enclosing a Memorial addressed to myself by Mr. Geo. Ridout, dated on the 12th of ilu; preceding Month of August, in which Mr. Ridout appeals to His Majesly's Government against your Removal of him from the Olfices of Colonel of the Militia, Judge of the District Court of Niagara, and Justice of tiie Peace. In deliberating on the Advice which it became my Duty to submit to the King on this Occasion, I have thought myself obliged to exclude from my Con- sideration every Ground which has been alleged in defence of your Proceedings against Mr. Ridout which was not assigned by yourself in your Correspond- ence with that Gentleman. In general I should consider it unjust to subject any Man to Humiliation and Punishment for Reasons which he has not had an Opportunity of controverting ; but in Mr. Ridout's Case there are peculiar Motives for adhering to this Principle. In his Letter of the 27th July he combated both by Argument and by Evidence the single Charge preferred in your private Secretary's Letter, and then proceeded as follows : — " If, however, at this late Period Your Excellency has any other Reasons than those given, which have been hitherto kept back, I am willing to allow them every Weight, nor shall I attempt, wlien informed of their Existence, to sujjpress or lessen tlieir just Influence with His Majesty's Government in the Statement which I am about to forward." Thus distinctly apprized that Mr. Ridout proposed to appeal against }our Decision, and with so unequivocal a Demand for an Op- portunity of re))clling every Accusation which you might design to bring against him, I think that you were reduced to the Alternative either of dis- closing to him all tiie Grounds of your Proceeding, or of leaving tlie Apjical to be decided by His Majesty upon those Grounds exclusively which you had so disclosed. Adverting then to the only Charge against Mr. Ridout, of wiiich he was ajiprized in your private Secretary's Letter of the 1st July, 1 find it to have been, that he was an active Member of a Society by which a very objectionable Address had been widely circulated. Mr. Ridout does not deny either that the Address was indefensible, or that it had been widely circulated, or that it originated with the Society in question. But he does, in the most positive Terms, deny that he was a Member of that Society, or that he had ever seen the Address until it met his Eye in a j)rinted Forni in the course of its Circu- lation through the Province, or that he was in any Sense resj)onsible for it, either as Author or as Publisher. To these peremjjtory Contradictions of tlu' Facts alleged against him, he adds, that he atteiuled at the Meeting at which the Society in question was establisiieil, and opposed its Formation on tiie Prin- ciples contained in the Resolutions brouglit forward by its Author. This State- ment is corroborated by tlie Aflidavit of Mr. Stuart, who states himself to have been present on the Occasion. Such is the State of the Question as it is presented to me by your Despatch and its Enclosures. I have soug!>t in vain tor any Proof that Mr. Ridout was a Member of this Society, or that iio in any Manner ])artook in the Publication of the objectionable Address. I am compelled therefore to come to the Con- clusion that the Charge is not only unsupported by Proot^ but that to a great Extent it is actually dis2)roved, as it is in every Point directly contradicted. But But in th( legal Opini( Mr. Ridout Society. It Mr. Hagerm is necessary relates to a a Carpenter, Occasion thi sesses, and I actually occi was absent 1 have protest! It is with 1 by you, espe felt, and, as Support and Duties ; but irresistible C I find it imp various Offic that Mr. Ri from which of proceedin sincere Pleas Execution ol to which, I a thus compell (No. 11. Copy of ; Sir, I HAVE to No. 81, ann( Despatch of the Office of should be kn( has been grai With refei Letter enclo> observing tlui to suppose tl otherwise tha hension on tl confident wa; be accepted himself to n vcyor Genera have been in" which he su must disclairr any Counteni (41.) uming the ;es in that stood, and >. Grey. ecu. Nov. 1836. enclosing u '2th of ih'; is iMajesly's an el of i:hi' Peace. ;)niit to the )m my Coii- ['locecdings Jorrcspond- t to subject not had an ire peculiar ?'th July lie )referred in [f, however, ;hose given, L>ry Weight, ,s or lessen L'nt which I j)roposed to for an Op- n to bring ther of dis- Apjical to ou had so lich he was it to have bjectionabk- ler that tiie or that it )st positive ul ever seen )f its Circii- ible for il, tions of the ig at which n the I'riii- This State- self to iiave ur Despatch llidout was Publication to the Con- at to a greiil radicted. Hut D II ON THE SUBJECT OF CANADA. n But in the Absence of Evidence as to the Fact you have referred me to tlv' legal Opinion of the Solicitor General of Upper Canada, wlio states that Mr. Ridout most decidedly did appear to be an active Member of the said Society. It will of course not be ascribed to any Want of Respect towards Mr. Hagernian if I observe, that I do not understand why any legal Reference is necessary in this Case. The Question involves no legal Principle, but relates to a sim)ile Matter of Fact. Mr. Smart, though describing himself as a Carpenter, is, I think, iar more entitled to speak with Authority on this Occasion than the Solicitor General of the Province, because the former pos- sesses, and the latter does not possess, a personal Acquaintance with what actually occNrred, and because Mr. Stuart was present and Mr. Ilagerman was absent when the Society was formed, and when Mr. Ridout is said to have protested against its Formation. It is with the deepest Reluctance that 1 overrule a Decision y ablicly adopted by you, especially in a Case of the present Nature. I have on every Occasion felt, and, as I trust, have evinced the utmo. t SoHcitude to afford you all the Support and Countenance in my Power in the Discharge of your arduous Duties ; but it is superfluous to say, that every Consideration must yield to the irresistible Claims of Justice, and, for the Reasons which I have mentioned, I find it impossible to dispute Mr. Ridout's Pretensions to be reinstated in his various Offices. I have accordingly to convey to you His Majesty's Commands that Mr. Ridout should be permitted to resume the various Employments from which he has been removed. I refer to your own Judgmen^^ the Mode of proceeding to carry these Instructions into effect. It will afford lue most sincere Pleasure if you should be able to reconcile the ))rompt and complete Execution of them with the Protection of your own Authority from the Danger to which, I am well aware, it may be exposed by the Measure which I am thus compelled to adopt. I have, &c. (Signed) Glenelg. No. 2(5. Lord Glenelg to Sir F. B. Head, '29th Nov. IHflfJ. No. 27. (No. 114.) Copy of a Despatch from Lord Glenelg to Sir F. B. Head, k. c. n. Sir, Downing Street, 29th November ] 836. I HAVE to acknowledge the Receipt of your Despatch of the 13th October, No. 81, announcing that in conformity with the Instructions contained in my Despatch of the '25th July, No. 7^, you had appointed Mr. John Macaulay to the Office of Surveyor General of Upper Canada, until His Majesty's Pleasure should be known. In reply I have the Honour to inform you that His Majesty- has been graciously pleased to approve and confirm this Aj)pointment. With reference to the concluding Paragraph of your Despatch, and to the Letter enclo.^ 'd in it from Captain Macaulay, I must take this Opportunity of observing tlui mitil that Gentleman's Arrival in this Country I had no Reason to supj)ose thai his Resignation of the Office of Surveyor General had been otherwise than absolute and iniconditional. I much regret that any Misappre- hension on this Subject should have existed, especially as I am informed that so confident was Captain Macaulay's Expectation that his Resignation would not be accepted that he sold his Commission in the Engineers in order to qualify himself to reside in Upper Canada, and there to discharge the Duties of Sur- veyor General. Deeply as I am concerneil to find that Captain Macaulay should have been involved in so very serious a Loss by his Reliance on the Intentions which he suj)posed His Majesty's Government to entertain in his Favour, I must disclaim all Res))onsibility for an Error to which no Act of mine had given any Countenance. I have, &c. (Signed) Glenelg. No. 27. Lord Glenelg to Sir F. B. Head, 2yth Nov. 1836. M' ., if (41.) K 2 vC: l^^^r'-: tv DESPATCHES FROM LORD GLENELG No. '28 Lord (Jlenelg to Sir F. b. Head, 3d January 1837. No. '.'9, Lord GlciiL'lg til .Sir F B. Head, 4.1 li Janmiry 1HS7. No. 28. (No. 125.) Copy of ii Despatch from Lord Glenklg to Sir. F. U. Head, k. c. h. Sir, Downing Street, 3d .Jaiuiary 18,'i7. In reviewing the Series of Despatches wliieh I received from you in the Year 183(), in onler to ascertain iiow far they liad received a complete Answer, I have found in your Despatch of tiic 'i!)th .July No. (54, a Passage to which I regret that my Attet'^ion has not been sooner directed. It relates to your Intention of withholding your Assent Irom any Road Bills in which the Commissioners shall be aijjxiinted by Name I'or the Kx})enilitin'e oi" the Money to be raised under them. 1 am not insensible to the dangerous 'rendency of this Mode of Legislation, nor do I doubt that the Power it confers on the Majority of the Assembly is imconstitutiuuui, or that it may be converted to selfish and imworthy Purposes ; on t!io other hand, I do not desire to claim this Patronage for the Crown, or rather for the local Government. This would be to provoke much reasonable .lealousy v. ithout any compensatory Advantage, nor do I thi ik that your Pro})osal in its unqualified Form could be safely adopted as the invariable Rule of Action. There is a middle Course the Adoption of which by the House would avoid all these Difficulties: it is, that the Nomination of Commissioners for local ^\'orks should be made by the Freeholders of the Comities or Townships through which such Works are to be carried. You will consider whether this Principle coidd not be advantageously affirmed by some general Law for regulating the Mode of appointing Conmiis- sioners for local Improvements under Provincial Statutes. If this shall apjiear impracticable, then you will endeavour to obtain the Introduction of this Rule into each successive Act of the Kind, but should the legislative Bodies j)eisist in the Practice which they have already pursued you will abstain from refusing your Assent to their Acts on that C round, indess some Case should present itself in which the Abuse you reasonably apprehend shouKl be, not Matter el Surmise, but clearly and imlisputably establishetl. I have, &c. (Signed) Glenelg. followed. A CJiarge, I ca Authority uj which it is imi)ossil)le to loretel with hy a speci.il A|)proprialion belorehand of jmblic No. 29. (No. 126.) Copy of a Despatch tVom Lord Geenei.g to Sir F. H. IIeau, k. c. ir. Su", DdWihiii; Stri'ci, ■111) .liiiimrv- IS,'),". Ria'EUUiXfi to the Question proposed in yoiu- Despatch of the JUtli .July lasl, No. (i.5., out of what Funds you should defray the Expense of your late Tour of Inspection through the Province of Upper Canada, I have to return the follow- ing Answer : — This is one of the contingent Charges of your Office, and every Year must of course produce some L Certainty or to provide I'or Money; conseciuently it is convenient that there should be a general Allowance made at the Commencement of each Yearl()r such Contingencies, and that they should, if ])ossible, be confined within the Hounds of tluit Allowance. Occa- sional Kxceptions to this Rule must be considered and disposed of as thev arise. In my recent Arrangements with the I'rovince of New Hrmiswick, commu- nicated io you in my l)espatch of the .foth of Septembi'r last, special Provision is made l()r tiiese ainmally ii'cinring Coiiting'.'ucies ; anil llu' ICstablislunent of a similar Rule in ll|)per Canada wiih the Sanction of tlie local l.i'gislatiue will, I trust, obviate any Dillicully of this Kind li)i' the liiture ; but with regard to the specific Fxpeiiseto which you refer, it will be deilucted from the l''imd to which your Predecessors have been accustomed to resort l()r (K'liaying tlu' contingent Charges of their (iovermm>nl. I'ntil sonii' new Arrangement shall be finallv n.ade with the Assembly, it is necessary that the ancient Practice shouhl he ollijwei (No. 1'3J Copy of Sir, I UAVE li; November, 1 Character of duet of His ^ bo given ; bii lowing Passat *' Before I Attention I spoiuleiice as that it should dciice in my o are successi\( vation of su Character an unavoidi'ble t be suspended. from the lU'li shall, howeve selves to me v will ever mis uiiavowed Dis in common y( should he ch;i and that on slioulil he give Meaning," '!"() proceed You compli made ac(iuaint Ca|)tain Macai nismissal of tl 3011 had receiv ^^'itll()llt cut unnecessary, I Indid'ereiice tc <|uesli()n were wt'ie conimun me the most !i prodiue any u Vou ((note I at diirerent Tii that some of 1 Avowal of thi Answer I obser according fo u uinvservedlv u '",«'^. 1 1 is'wit of this Right I I'ask to ine J ?, C. H. iry 1S;57. 3U in the complete ;i Passage roliites to vliich the le Money Fendency IS on the iverteil to .< to claim 'his would idvantage, he safely ^ourse the it is, that lie hy the s are to he ntageously j; C'onnuis- lall appear ' this link' [lies j)eisist u refusing lid present Matter (>i LI'.NKLG. c. ir. iiiirv is;ir. Inly last, te Tour of he I'ollow- Vear must ret el with of pnhlic Allowance that thev Occa- of as ihey connnn- Trovisioii ihinent of a lure will, I gard to the (1 to which conlingeiil 1 he tinaliv shouLI he Ibllowed. ■4 ON THE SUBJECT OF CANADA. ?f ! ' In followed. As you have not yet stated what has hccn the Amount of this Charge, 1 can of course neither express any Ojjinion nor c )nvey to you any Authority upon tliat Part of the Question. I have, &c. (Signed) Glenelg. No. '29. Lord Gleiiclg to Sir F. B. Head, 1-th January 1H;17. No. 'Ml (No. 1'38.) Coi'Y of a Despatch from Lord Glenki.g to Sir F. B. HnAO, k. c. ii. Sir, Downiiif; Stroi't, (itii Jaiiiuivy ISIiT. I HAvr, had the Honour to receive your Despatcii of the 7th of last Novcniher, No. iSy. That Connniinication, on the very uiMisual Tone and Character of which I will not remark, contains various Complaints of the Con- duct of His Majesty's (Jovernment, to which satisiiictory Keplies could easily he given ; hut, in the first place, I beg to bring to your Recollection the tol- lowing Passage from my Despatch to you dated the '2-'d March IS.Sti: — " Ik'fore I pass to the particular Subjects to which you have thus called my Attention I would avail myself of this Connneiifement of our ollicial Corre- spomlcnce as a fit Opportimity f<)r e\i)laining tiie Nnirit in which 1 am anxious that it should be conducted. It is impossible that I shoidil place implicit Confi- dence in my own Conclusions resj)ecting passing Events in Upper Canada as they are successively reported to me. Although 1 do not regard a ])ersoual Obser- vation of such Occurrences essential to a correct Understanding of their Character and Teiulency, yet at this Distance from the Scene it is oftei» unavoidi'hie that my .ludgmcnt on such ^^atters .-.houhl tor a considerable Time he suspended. During any such Interval I anticipate great Relief and Support from tlie Reliance whicii 1 am happily entitled to ie))ose in your Discretion. 1 shall, liowever, offer f()r your Solution any Dou!)ts which may suggest tliem- selves to me with perli'ct U'nreserve, and without yielding to the Fear that you will ever misconstrue sucli 'ncpiiries into an Fxpressinn of Distrust or of unavowod Disapprobation. In the Pursuit of the great Object which we have in connnon you will, 1 am sure, agree with me that our ollicial Intercourse should he characteri/.'-d both by entire Frankness and by mutual Confiilence, ami that on eitiier Side the most indulgent ami liivourable Construction should he given to every Expression which may be susceptible of more than One Meaning." To proceed now to your Despatch innneiliately befbie me. You comi)lain of the Time which was allowed to elapse before you were made aciiuainted wit!i the \'iews taken hy His Majesty's Ciovernnu'ut respecting Captain Macaulay's Ai)pointnient to the Surveyor Cieneralship ; respecting the Dismissal oi' the Kxecutive Council ; and respecting the loyal Aildresses whicii you had received. Without entering into Details on each of these Points, which appears to me umu'cessarv, I ha\e only to observe that the Delav Aas not occasioned bv aiiv IiKlillei eiice to your I'l-i'lnigs or Position. My t),iini()ns on tlu* Suhjects in No. ao. Lord CIlciii. k to !*ir 1\ 15. !!.■ I.I (il i.Iaii. IS' (inestion were formed on a mature Consideration of the Circumstances, and were communicati'd to you at the Times and iu the Manner which seemed to tiie tlie most advantageotis to the public Interests, and also llu' least likely to ])r(iiliiie any unpleasant Iin]nession on your own Miiiil. ^'(lll ([Hole from my De^pati'hes various detachi'd Passages, in whicii 1 have at ilillereiit Times recorded my Dissent from your .Itidgmeiit, and my Opinion that some of your Measures were ill-iid\iseil ; and \oii complain «»l' tlu' plain Avowal of these my Sentiments, tis a Breach of what is dm" to you. In Answer 1 observe, that I cannot, without a Sa'-ritice of Diilv, tbrhear to exercise, according to my Discretion, tin- Right of commiinicating to you liaukly and unreservedly my Senlimenls on (Questions conneeted with your ollicial Proceed- ings. It is wild Pleasure 1 take this Opportunity of adding, that the Kxereise of this Uight has, in tesiieci to your ( io\crmneiit, been usually an agreetihle Task tome J since the St;nlimenls wluch I have been called upon to express, m No. 30. Lord (ilenelp to Sir r. B. Head, (jth Jan. 18;57. IB DESPATCHES FROM LORD GLENELG as to the general Course and Tenor of your Administration, have been those of cordial Approbation. Tlic only Remark, in detail, which I make, refers to the Case of Mr. Dunn, respecting which I would sim])ly state that it was far from my Intention to impute to you a Meaning not your own ; and that I cannot le the Distinction between withdrawing a Recommendation to continue a public Officer in his Place and advising his Removal fiom it. It remains that I sliould notice one or two other Passages of your Des\at;h of the 7tli November. I signified to you His Majesty's gracious Pm'pose to elevate you, at your own earnest SoHcitation, to tlie Dignity of a Baronet, informing you, however, that the Accomplishment of it should be delayed only till you should return an Answer, which I did not doubt would be complete, to certain Charges ])rcferred against you in Parliament. While you acknowledged this Promise your Despatch to wiiich I am now replying contained no Allusion whatever to Dr. Duncombe's Charges. From this Omission I was at first apprehensive that 1 might have failed to express myself with sufficient Clearness. A Reference however to the Terms of my Despatch of 8th September last at once satisfied me that such was not the Case ; and the Recei{)t of your subsequent Despatch of the 23d November, in which you inform me that a Copy of Dr. Dimcombe's Charges had not reached you \mlil the '2()th of that Month, renders any further Observation on this Point wholly unnecessary. I will onh' add, that I a))|>rove of the Step which you took in referring that Gentleman's Charges to the House of Assembly, and of your Intention to reply to them yourself as soon as the necessary Materials could be collected. It will afford to the (lovernment sincere Gratilication to receive and lay before the House of Commons your Answer to the Charges preferred against you by Dr. Duncombe in his Petition to that House. I conveyed to you His Majesty's Instructions res[)ecting the financial Arrange- ments to be made in llj)per Canada. You engage, as I understand, to fulfil them, but tender the Kesignation of the promised Uaronetcy if I insist on your Adop- tion of my Opinions as to the Policy of those Instructions. It can be scarcely necessary to disclaim any Wish to exact of you, as the Condition of an honorary Reward, a Confiirmity not to my Instructions but to my Judgment. Your Opinions are and nnist be your own. It is therefore wholly unnecessary that you shouki on that groinid relinciuish the Baronetage. I cainiot conclude tiiis Despatch without expressing my earnest Wish that in the oilieial Relation in which we stanil to each other there should be an entire Absence of any Feeling of Suspicion aud Distrust, which, while I utterly dis- clain\ it on my own Part, I cannot but regret to perceive in some of your olticial Comnuniications. I have, &c. (Signed) Glenelo. No. 31. I, (Mil (ilfliclg til Sir F 1». Head. 'jiiiii ,iiiii. is:i7. No. 31. (No. 133.) Coi'Y of a Di,si'ATcn from Lord (ii.ENr.i.tJ to SirF. B. Hmad, k.c.u. Sir, Dinviiini; Street, '.'(illi Jariimrv IHIIT. I iiAvi; had the Honoiu' lo receive your Despatch of the 'J.Sth October last, No.Hli, enclosing a Memorandum on the present political State of the Canada* I beg you to accept my Thanks (()r your Comimuiication, which will not fliil to receive the mature Consideration of Ills Majesty's (.Jovernment, although at the present Moment it would, for obvious Reasons, be inconvenient to enter into a Correspondence on the Subject. I huvc, &c. (Signed) Glenelo. »■;■?; (No. 13k) Copy of Sir, I HAVE th( No. 89, re])or and Rol|)ii C( referred to in As Mr. Bi to you tlie li respecting yc excejjt to asi Influence on the Charges from iNIr. Moi conveyed to Assembly Dr (No. 135.) Coi'V of Sir, 1 iiAVK ha I rei'.ortiiig t''e of ('rown Lai Mr. P. Robin: the (Question iimler my Cc Report from lo have been Nortli Americ the ])as.sing o general Kliicii ])ossil)le as y< announced 30 for the Dispos Interval from 1 am tlierelbi this Olliee 1 Mr. Sullivan's delay my Ap C()ininis',i()iK'r lie nuist be ( subject to any to the NatiU'c (lislinct lliuk I'uiu'tions or atiinitted. SI be ni'cessaiy I Ollice the usi aiitlioiizing y Great Seal of In eoiive\ii a.-<.iiring that Services as r (M.) ecn those of ' Mr. Dunn, [iitontion to Distinction ticor in his Lir Des;.atch at your own ver, tliat tiic an Answer, Trod anfainst l)es[)atch to Duncombe's might have ,vever to the c tliat such atch of the Duncombe's any further •ferring that tion to rej)ly ed. id lay before linst you by ;ial Arrange- J fuhil them, your Adop- I be scarcely ui honorary lent. Your cessary that t Wish that be an entire utterly dis- your otlicial aLENELG. K. c. ri. amiury \H'.\~. )ctober last, he Canadav II not tliil III loiigli at the I'uter into » lI.ENELU. '» ON THE SUBJECT OF CANADA. "ifr No. 32. fNo. 131..) Copv of a Despatch from Lord Glenelg to Sir F. 13. Head, k. c. h. Sir, Downing Street, 27tli .Ian. 1837. I HAVF, tlie Honour to acknowletlge janu' Despatch of th.c ()th Novembc;, No. Sf), reporting i lie Kestdt of yoiu' Kftbrts ^o obtain from Messrs. Bidwell and llolph Copies of the Letters addressed b;, '.osc (gentlemen to myselti and referred to in my Despatches Nos. 75- and 7*'- As Mr. Bidwell iias declined, and Dr. Rolj)h has omitted, to connnunicate to you the Representations which they had made to His Majesty's (government respecting your Conduct, it is unnecessary any further to advert to them, excej)t to assure you, that under such Circumstances they cannot have any Influence on my ()i)inion of your Conduct. Your Explanation resj)ecting the Charges contained in Mr. Baldwin's Letter of 2(ith Jidy, and in that tiom Mr. Morrison of '^s, in the Place of Mr. P. Robinson. 1 have hitherto delayed replying to that Despatch, because the (Question of the Land Department in Lower Canada having l)ee i brought under my Consideration by a Despatch from the Larl of (iostbrd, and by a Report irom the Conmiissioners of Iixpiiry, I had expected bel<)re this Time to have been able to adopt some general Arrangement apj)licablc to all the Nortli American Colonies, by which the Delay and Expense now attending the passing of I'ater' to Land might be reduced, and at the same Time the general I'lliiciency ol' the Department pronioteil. li has not, however, been possible as yet finally to comjilete such an Arrangement, and as you liave aniioimced \our Intention, at an early Date, to report to me on the llegulations for the Disposal of Land, as far as reganls Upper ( 'anada, I have abstained in the Interval iiorn delinitively introihicing any Alterations in ihe existing System. I am therefore at present unable to int()rni you of the Footing on which this Otlice may ultimately ue [ 3d, and 1 cannot couseipiently confirm Mr. Sullivan's .Appointment al)solu .'ly. I am anxious, however, no longer to ilelay my Approbation of your Selection of that Cientleman, l()r the Ollice of Connnissioner of Crown Lands and for the Sale of Clergy Reserves, although he nnist be considered as only holding the Appointment provisionally, and subject toany Regulation which His Majesty's (iovernment may adopt, either as to the Nature ol" his Duties or the Amount of his ollicial Income, anil on the distinct Understanding that in the evi'iit ol' any Change being made in the Functions or Eniohnm>nts of the Ollice, no Claim Utr C'ompensalion will be admitted. Should Mr. Sullivan's .\p|)ointinent ultimately be conliiint'd, it will be necessary that he should authorize an Agenl to pay to the Cashier of tliii t)flice the usual Charges upon the Warrant, inider His Majesty's Sign Manual, authorizing you to make a (iraiit to him of i,he Ullices ht iiuestiou uniler the Great Seal of' Upper Canaila. In convoying to you my Sanction of your Choice of Mr. Sidlivan. and in thus ;isiiiring that (ientleman of the Ikvourable Light in -vhich I view his public .Services as reported by you. I nnisi guard myself against being supposed to (I'L) K i. pronounce No. 32. Lord Glenelt; to Sir F. IJ. Hea.1, J7th Jan. 18;<7. No. .15. LunI Gleiiclu w Sir F. b. Head, l'8tliJaii. ls.{7. N.I. 13. Lord Glenelg, 'o Sir F. 13. npaii. ■2M\ Jan. ,s;{;. No. 34. Lord Gleneli; to Sir V. B. Head, ; Lord Gieiiul)^ to SirK. H. Hciid, Jd March IH;)7, 80 DESPATCHES FROM LORD GLENET G pronounce an Opinion on the Expediency of combininf'' ;. Seat in i.\v F:-ecutivc CouiK'il witli these Einploynients ; tiiat is a Question wliir!- j <,vi.->] to re'itrvp for t"u ure Consideration, and to the Settlement of which, ai il.e j)i; per i ime, I desiie to come completely unfettered. I have, &i . (Signed) Glenelg. No. 34. (.No. 139.) Coi'y of a Desp.\tcii from Lord Glenelg to Sir F. B. Head, k. c. h. Sir, Downinp Street, .Tlst Jm 1837. I HAVE received and have laid before the King your Despatcli of the 1 1th De- comber last, No. 100., annoimcing that you had proceeded to the Legislative Council Chamber to give your Assent in Person to a Bill to provide for the Sup- port of the Civil Government, which had ))as,sedboth Houses of the Legislature of Upper Canada, and reporting the Terms in which this Bill was presenteil to you by tiie Speaker of the House of Assembly. His Majesty commands me to exj)ress the Satistactioii ,vith which he has })erceived the Sentiments of Loyalty to him, and of Confidence in yoiu* Administration, contained in the Address of the Speaker of the Assembly ; and it has been a Soiu'ce ofCJratiti- cation to His Majesty to find that His loyal Subjects of Upptr Canada will, by the Liberality of the Provincial Legislature, be relieved from the Incon- veniences consequent on the Refiisal of the usual Supplies to His Majesty's Governmeni during the preceding Session. I have, &r. (Signed) Glenelg. No. 35. • (No. 1 19.) Copy of a Despatch from Lok! Glenelg to Sir F. B. Head, k. c. h. Sir, Downing Street, '2()th Feb. If 37. I HAVE to acknowledge the Rt v-tpl of your Despatch of the 13th Januar\, No. 101., announcing the liesidt .,..' vlie Municipal Elections for the City of Toronto. I have j)eiceived with niuch Satisfaction that these IClections have terminated in such a Manner as to testily, on the Part of the Inhabitiuits of that City, their Confidence in your Policy, and their Apjjrobation of the Measure.s which you have adopted to })roniote the general Weltlire of His Majesty's Sub- jects in Tipper Canada. I have, &c. (Signed) Glenelg. No 3G. rN .loi.-^r Copy of a I)f..spatcu from Lord (ilfnelg to Sir F. B. Hi:ad, k. c . n. Sir, Downing Street, '2d March 1837. I HAVE receive > your Despatch dated the 30ili Diceinl)er last. No. 103 On the present m on fornser Occisions I pass over without Uemark the Tone which yom' Kemonstrances against the Measures of His Majesty's (lovern- tnent iire written, and confine myself to those Questions whicli are practical, i.i which yom- Kemonstrances against tiient iire written, and confine myse. ... „ and to which it is nece.isary tiiat I should advert 1st. I approve your Decision not to suppress His Majesty's Order in Coimrii conliiming the '1 welve Bills passed by 1 lie Council and Assembly of Upper Canada la Canada m tl been to iuc uhiniate Bei the King in by the Const vocable Natu I find in rne to regret 2u. You c 30t!i of Sejit was to be inc " j)o.ssessing merely that your Quotati which yon " jiicdiateiy '' think most " your Select " of I'ersons, " Gentlemen " and oossess Yon have wiiicii they ;i Demand whii refused by \ AVords, when Interest was ti from each sho respective Sec do not mean t your Meaning; oil. Yon art. lished respectii si\e Property i Consequence mentioned ; b to assent on 1 niation, could While I have i the l)is])osal < Provincial Lej of the Royal to prove the > in the Provinc ment is to be but I have ne the King to pi to tile Interesi Majesty's Snl) Indeed, as couliriiK'd by 1 the Nature of As you ha IiiHtructions ) in any ^.i''- . | iiig to yoiu I ill 01 the presen have di;j>layc merited aiuJ r tliiit you sen( sii.Mild nece.ss ought 10 be n ■ (H ) ^;^.,M- ON THE SUBJECT OF CANADA. 31 I'' F:ecutivc il» to re-.crve liippr Time, Glenelg. K. C. II. 1st Jin J837. the 1 Itli De- e Legislative for the Su])- 3 Legislature presented to Hands me to ,'ntiments of lined in tlie •e ot'Ciratiti- Canada will, the Incoii- lis Majesty's ljLENELG, K. C. K. I'd). U37. ith Jamiar\, I lie City of etions have tiuits of thai le Measures ijesty's Sub- iLENELG. ( . II. Uarcli 1837. O. 10.'J. the Tone }'s (loveni- IV |)riictieal, r in Council y of lJ])j)er Canaiia a C'oursn would liave I lie Lliancc ^yf any ^^ t aii.ula ni the Session of 183.'5-6. To have taken such been to ineur a very grave Responsibility without ev( ultimate Benefit. I "need hardly observe that an Order in Council i> ade by the King in the Exercise oi the Legislatue Powers conferred on His Majesty bv the Constitutional Act of 1791, is a Measure of the most solemn and irre- vocable Nature. I find in vour Despatch of the 3()th of December nothing which induces lae to regret' the Advice which I tendered to His Majesty on that Subject. '2il. You complain that in my Despatch to Sir Archibald Campbell, of the 30tli of September last, I stated that the Executive Council of New Urunswick was to be increaseil in Number, and henceforward to be composed of Individuals " j)ossessing the Confidence of the Peo])le." It is, I am sure, from Inadvertence merely that you have (pioted that Despatch inaccurately ; but the Effect of your Quotation is such as to alter materially the real Sense of the Passage to which you have thus referred. My Language was as follows : " You will im- '" niccliately report to me the Names of several Gentlemen whom you may ' think most eligible for Seats in His Majesty's Executive Council. In making " ^ our Selection you will not confine yourself to a single Class or Description " of Persons, but will endeavour to insure the Presence in the Council of " Cic'iitlemen representing all the various Interests which exist in the Province, " and nossessing at the same Time the Confidence of the People "t large." You have attached to these "Words a Meaning widely different from that which they are intended to express. According to you, they concede the Demand which was made by the late Executive Council, and whicii was justly refused by you as unconstitutional. This is assuredly not the Case ; my A\'or(ls, when fully transcribed, merely state that althougii each separate Interest was to be, if possible, represented, yet that the (ientlenien to be selected from each should be such as possessed the Coiilidence, not exclusively of their respective Sections of Society, but also of the Peoj)le at large. I prt-^ume you do not mean to deny the Propriety of such a liegulation ; ifi howew:. such be your Meaning, 1 am unable to agree with you. 3d. You argue at great Length to ))rove that the Laws wliich will be cstab- lishetl respecting the Dis])()sal of the Crown Lands will deliver over that exten- sive Property to tlie Rapacity of interested Men. I shall not deny that such a Conse(pience might follow fiom the Enactment of such a Law as you have mentioned ; but 1 have certainly not imparted to you any Authority whatever to assent on His Majesty's Behall' to such a Law, nor, with my present inior- ination, could I advise the King to confirm such an Act, if assented to by you. M hile I have never doubted the Impolicy of surreiuiering the R'ght of regulating the Disposal of the Crown Lands to one or even to both Ihanches of the I'roviiicial Legislature, uncontrolled by the ordinary and constitution;!' Exercise of the Royal Prerog:'<'ve, I am fully i)repareil to justify the Wisdom and even to i)rove the Necessity of acquiescing in the Establishment, bv Laws originating in the i'rovince itself, of the general Principles by which the Executive Govern- ment IS to be guided in the Alienation of the unsettled Lands of tlie Crown ; but I have never abandoned or intended to abandon the undoubted Right of the King to prevent the Introduction of any such Principles as may be hostile to the Interests of the ])resent lidiabitants of the Province, or to others of His Majesty's Subjects who may be desirous to settle there. Indeed, as any such Act must be laitl be*i)re Parliament btfore it can be eonlinneil by the King, we possess every Security against such AInises which the Nature of the Case admits. As you have not j)ointetl out any Par'.iculars in which the Spiiii of the Instructions which you had on quilting England has been denarted from in any mib.'vqtit'nt Connnuuications which 1 have had the Honoui of address- ing to yoti. 1 do ■ . >t fi'c' it necessary to say more with refi-rence to the latter Part of the preseii! k'spalch than 'iiat, while the N'igoiu- and I'irnuiess whicli you have diiplayid ju the Admiiustration of the Al}iui'>. of Upper Canada bus merited uni.' received the Ajjprobalion of His Majesty, I can scarcely believe that you serioi:' iy intend to assert that the Measines of your (ioverninent should necessar;!v be stern and unconciliating. N<) Principle indeed which might lo be nMinluincd »liyuld be sacrificed to a temporary i'opularity ; yet to (fl ) L conciliate f.- Nu. .(C. ■ ircl Glcijel,; to Sir.-r. B. Head, 2(1 March 1887. 82 DESPATC^^ES FROM LORD GLENELG No. ^6. Lord Gleiielg, to SirF. B. Hend. 'J.IINLircli 18;!7. \o. .sr Lord Gieiielg to Sir F. K. Head, L'/'lli March 18;<7. No. as. hard Cileiicl;; to .sir 1'. n. He;ul, Hli April \Sli7. i ■( conciliate tlie Good-will and Attachment of the great Body of the People, and thereby tv) strengthen the Bond of Union between this Country and the Canadas, is the great Object of His Majesty's (lovernment, and one which, I trust, I am correct in believing that you will not suffer yourself to consider as of shght Importance. I have, &c. (Signed) Glenelg. No. 3/. (No. 1,5.5.) Coi'Y of a Despatch from Lord Glenelg to Sir F. B. Head, k. c. n. Sir, Downing Street, 27tli March IS?,". I HAVE the Honour to acknowledge your Despatch of the 1th February last. No. 6., and in reply I beg to refer you to my Despatch of the '2Sth January, No. 13.3., in which I have explained the Grounds of the Delay in approving of the Appointment of Mr. R. B. Sulhvan to be Commissioner of Crown Lands and Agent for the Sale of Clergy Reserves in Upper Canada, and the Terms on which alone it has hitherto been in my Power to confirm him in those Offices. I ha\e, &c. (Signed) Glenelg, No. .38, (No. 1.5S.) Coi'v of a DEsrATcn from Lord Glenelg to Sir F. B. Head, k. c. h. Sir, Downing Street, 5th April 1837. [ HAvr. received your Despatch of the Oth of February last. No. l.'J., on the ' iSe' of Mr. Ridout. In order to . .plain clearly the View which I have taken of thi-. Subject, I must begin with a short Retrospect of what has hitherto occurred, aithougn it will ])erlKips involve me in the Repetition of some State- ments alreatly adtiressed to you. Mr. Ridout's Dismission from his Offices w.is communicated to him on the h2[h of July last, iji Letters written to him by your Secretary, and by the Adjutant (ieneral ot the Militia In your Secretiiry's Letter this Measure was attributed tu the Circmnstimce that Mr. Ridout was, as it appeared, a Member of the Constitutional Reform Society of Upper Canada, by and on behalf ot which had been circu'alod the printed Address to which Reference was there made. The Adjutant General's Letter stated that Mr. Ridout was dejuived ot Ills Conmiission in the Militia, for the Reasons mentioned in your Secretary's Letter. Oti the nth of July Mr. Ridout transmited to your Secretary an Answer denying that he was a Member of the Society in question, or that he had ever . jen their Address until it was in circulation in })rint through the City of Toronto. His Aiisvai io the Adjutant General suggested, that the real Cause of his Di.s- missioii was a Vote which lie had given at the General Election. The Adjutant (loneral , jplii »: by contradicting the Truth of this Surmise. On tile '~''2i! uf July Mr. Ridout announced to you his Intention to bring his Case under the Notice of His Majesty's Government, and made an Aj)])lic;itioii to be furnished with an Ex))lanat.ion of :my other Reasons for your Conduct which n.'>,i,ht have becii ki'pl back. No Notice having been taken of this Letter, he piaceii in your Hands, l()r Transmission to this Country, his Petition of the l'3th of August, in which he offl-red to prove that he had refused to connect him- rielf with the Constitutional Retbrm Society, because he disapproved of its Con.sti- tution. He attached to that Docimieut the Affidavit of Alexander Stewart, in which the Deponent conlirmed Mr. Ridout's Statement, alleging that he was i)resent at the Formation of the Society, and heard Mr. Ridout oppose that Pleasure. In your Dispatch of the I'ilh of September you enclosed the preceding Cor- respondence, and imputed to Mr. Ridout various Acts of Miscoruluct to which that Correspondi lice contained no Allu.sion. In m^ Despatch of the iyth of Novend)er I stated that I had thought myself 4 obliticil la obliged to ex( of your Procet self in your ( Three distinc subject any M had an Opport both by Argu Secretary's Le Government, I sation which yi In reference observed, that it ever been t which an Indi\ it may be ncce not be desirabl any such Nece: You must pe inatlequate. I' or in any other you reter. I a Ollicer has beei without the ni Superior vindic with }ou in o over those serv on this Subject Justice would r; which instantly Relations of si Officer the Ri; whatever to tli liberty iiistantb Habits or Temj Causes which, i scarcely be drav is mutually und yet even in this ^nade avowedly in common Just it' not, any Ma Suspicion, and I of tiic Accuser. you have quote they clearly im|: and to Parliam Appeal was aboi hility which I di establish the Fac been inflicted on thathehadioall; lirovedonlyby si no satisfactory I Opportunity of it" I ('oiild admi distinct Statemei should yet limit niaiiitaiiied. In single ('harge, v was thus, 1 thill Accusation, his related to the conrhisive, and 1 ON THE SUBJECT OF CANADA. 83 'cople, and ic Caiiadas, trust, I am IS of slidit LENELG. C. C. II. arch 18?,7. I)niary last, th January, |)proving of own Lands L^ Tornis on )se OtHces. rLKN'ELG. K. C. H. April 1837. 1'}., on the Iiave taken las iiitlicrto some State- liini on the and l)y the Icasuro was a Member l)elialf ot was there de})rived ot Secretary's an Answer le I Kid ever ofToronto. of liis Dis- le Adjutant o hrini? his .\|)])licatioii [ir (."ondiK't tills Letter, ition «)f the ^)nnect liini- )f itsConsti- Stewart, in lat he was ippose that •eding Cor- •t to\vhicli igiit myselt obligeil obliged to exclude from my Consideration every Ground alleged in defence of vour Proceeding against Mr. Ridout, which had not been assigned by your- self in your Correspondence with thxt Gentleman. For tiiis Decision 1 gave Three distinct Reasons : they were, first, that it seemed to me unjust to subject any Man to Humiliation and Punishment for Reasons which he has not had an Opportunity of controverting ; secondly, tliat Mr. P idout had combated, both by Argument and by Evidence, the shigle Charge ])referred in your Secretary's Letter ; and, thirdly, that with a view to his Appeal to His Majesty's Government, he had demanded an Opportunity of repelling any other Accu- sation which you might have w bring against him. Li reference to this Statement, you Iiave, in your Despatch of the fith Feb., observed, that in no Department of the State, not even in my own Office, has it ever been deemed necessary, or even advisable, that every Reason for which an Individual is to be relieved from Office must be stated to him ; that it may be necessary to remove a public Officer for many Reasons wliieh it may not be desirable to explain to liim ; and that you were expressly absolved from any such Necessity by my own Instructions to you. You must ])ermit me to state unreservedly, that this Answer appears to me inadequate. First, I am totally ignorant of the Existence, either in this Office or in any other Department of the State, of any such Practice as that to which you refer. I am not aware of so much as a single Instiuice in which a public Officer has been dismissed as a Punishment, and on tiie Ground of Misconduct, without the most explicit Disclosure to him of the Reasons by which his Superior vindicated such an Exercise of Authority. Secondly, I cannot concur Avitli }ou in opinion that any Man ought to use or to possess such a Power over those serving under him. The only DilHcidty of supporting my Opinion on this Subject by Argument is, that so simj)le and elementary a Principle of Justice would rather be obscured than illustrated by a Statement of the Reasons whicii mstantly suggest themselves in support of it. There are indeed ofiicial Relations of such a Nature that it is necessary to confide to the superior Officer the Right of dissolving them at once, without assigning any Cause whatever to the Sufferer. Thus, for example, a pu])lic Officer siiould be at liberty instantly to remove his private Secretary for mere Incongruity of Habits or 'Pemper, or for the Want of some ])eculi;u' Talent or Qualification ; Causes which, in such a Relation, are of the utmost Weight, but which could scarcely be drawn out into a specific Charge or Statement. In sucli Cases tiiis is mutually understood as the necessary Condition and Tenure of the Service. yet oven in this intin)ate and confidential Relation, if the Removal should be ^nade avowedly on the (iround of Misconduct, the Superior would be bound, in common Justice, to explain uineservedly in what the imputed Fault consisted ; if not, any Man's Character and Hai)piness might be sacrificed by vague Suspicion, and by Surmises injurious in proportion to the Station and Character of the Accuser. Thirdly, 1 cannot allow that the Instructions from nie which you have quoted absolve you from this Obligation ; on the contrary, I think tlicy clearly impose it upon you ; they declare your Responsibility to the King and to Parliament. In Mr. Ridout's Case Notice was given to yo'i that an Appeal was about to be made to His Majesty. To acquit yourself of the tlespon- bility which I declared you to owe to the King, it became incumbent on you to establish the Fact that Mr. Ridout had meriteil the severe Punishment whicii had been inflicted on him. To substantiate that Conclusion, it was necessary to show tliat lieliad really been guilty of t lie Offences laid to his Ciiarge ; and this coulil be proved only by showing that what he was alleged to have said or done admitted ot no satisfactory Explanation ; a Result which could not be established until an Opportunity of making such Explanation had been allorded to him. Fourthly, if I ('ould admit that you were entitleil to inflict a Punishment without a distinct Statement to the accused Party of the Causes which had provoked it, I should yet limit that Admission to Cases in which an entire Silence had be«n niaiinained. Instead ol" this, luiwever, you comnnuiicated lo Mr. Ridout a single Charge, whicii he contradicted ami ai)plieil himselt' to disprove, lit was thus, 1 think, warranted in believing, that, if successful in refuting that Accusation, his Exculpation was complete. Finally, 1 thought that in whai related to the Constitutional Rellirni Society, Mr. lUdout's Defence was conclusive, and I could not therefore but iloubt whether he might not have (H.) L '2 been Nc. 38. Lord Cllenelg Sir F. n. Head, .5tli April 1837. 84 DESPATCHES FROM LORD GLENELG No. 38. lior'l Gleiielg to Sir F. 14. Head, .■)ili April is;(7. been equally successful in vindicating himself against the other Charges if they iiatl been nuulc known to him. For those Reasons I adhere to my first Opinion, that I was bound to exclude from my Consideration every Allegation against Mr. Ridout of which h(> had not been appri.ied. You, however, maintain that your Dosjiatch of the 12th of September ought 1o have sati.sfied me of tlie Truth of the Accusation jsrelerred in your Secretary's T.ettcr of the 1*2111 of ,luly. Two Reasons are as.signed for this Conclusion: first, I IkuI before me the Statement of yoiu- own Conviction that the Charge was nel! lounded ; and, secomlly, I knew that you had obtained a legal Opinion to the same ICti'ect. It would be more than super.'iiious to declare my perfect Reliance on the Accuracy of every Assertion of yours respecting any Matter of Fact which lia? fallen within your own ])ersonal Observation ; neitiier is it necessary to disclaim altogether the Idea of impeaching in any Degree the legal Knowledge or the Talents of the Attorney General ; but neither you nor the Attorney General oifered }ourselves as \\'itnesses to the Matter of Fact, namely, whether Mr. Ritlout was or was not a IMember of the Constitutional Reform Society ; vou laid Claim to no ))ersonal Knowledge of his Conduct in reference to that l3ody. The Attorney General was quotetl, not as a ^\'itness of the Fact, but only as an Inter])reter of the Law. Consequently, notwithstanding the strong Dissent wiiich you have exj)ressed, I must continue to think that tiie Authority of Stewart, though a connnon Cari)entcr, when speaking on his Oath resjjccting an Occurrence which passed in his own Presence and Hearing, is entitled to nnich more Weight on the Question of Fact than can be assigned to the 0])inion even of the Attorney General, who appears to have had not the slightest ])ersonal Knowledge of what took place at the Meeting. This is a Conclusion to which, in so far as regards the Facts in question, no one, I am inclined to think, would more readily subscribe than the Attorney General liimself. From your Des])atch of the litli of February, I now however, for the iirst Time, learn that Mr. Riilout's Removal from Oilice was reconnnended by the Executive Council, and I further learn that they adhere to their original 0])iiiion. On this Subject I have to state tiiat I have never ex])ressed, nor do 1 now entertain, any .hidgmentopposed totheirs ; on the contrary, I entirely agree with ilieni, that the various Acts of Misconduct ascribed to Mr. Ridout in your Despatch of the l'2th of September, and still more fully suited in your Des})ateli of the Gtli of February, arc sucli as woulil, if substantiated on proper IiKpiiry, justiiy the very severe Penalty inflicted on him. If I am to understand the Council as thinkiug that such an Inquiry was needless, I must, with whatever Reluctance, diifer from them. Tlie Grounds of that Difference I have already in part explained ; but I must add, that if there be any one Class of jiublic Ofliccrs ill whose Case it is especially incumbent on the Executive Government to proceed with Caution, C'ircumspection, and with a strict Observance of all the essential Forms )f Proceeding on such Occasions, it is the Class ol' those who are entrusted xsirh the Admiiii.stration of Justice. In avowing my Ophiion that the iVIatters laid to the Charge of Mr. Ridout woulil, if established, justify his Dismission, I wish to be understood as not referring to the intemperate Terms in which he addressed you af^er his Removal from Oflicc. Much Allowance is to be made i'ot natural Feelings under a Sense of supposed Injun-, it is to the other Allegations that my Remark ajiplies. It is, I can assure you, painful to me to take any Course of Conduct wliicii may aggravate tlie Difficulties of your Situation ; yet I feel myself bound hy the paramount Obligations of Justice still to withhold my Ajiprobation of the Measures adopted in Mr. Ridout's Case. On the other iiand, his Restitution to Office may, I think, be properly made to depend upon his Ability to excul- pate him.self from the various Charges preferred against hiin in your i)es))atchcs of the l'2th ol' September and the Gth of Februar\. To this Extent the In- structions con\ey(.'d to you in my Despatch of the 'iuth of November are with- drawn and qualified ; further than this, it is impossible tor me to advance. Yoii will therefore, in whatever Moile you shall think best, put Mr. Ridout in pos- session of those Accusations, and, after weiglung iiis Answer and the Evidence by which it may be supported, you will communicate to me the Result. I cannot es if they :o exclude Ii hn IkuI ibcr ought iocrelary's )iichision : he Cliargv il Opinion cc on the whicii lias cessaiy to Cno\vletljj,e Attorney y, whether n Society ; ce to that t, but only tiie strong that the n iiis Oath Hearing, is e assigned lad not the This is a one, I am .>y General ir the first letl by the ir original or do 1 now agree with it in your r Despatch 2r Inquiry, rstantl the 1 whatever ive already s of ])ublic overninent aiice of all iss of those Jr. Ridoiit )od as not s Removal 's under a y Keinark hict which bound by ion of the lestitution \ to excul- )espatclics nt the In- are with- iiice. You out ill pos- ' Evidence It. I cannot ON THE SUBJECT OF CANADA. 8S I cannot close my Answer to your Despatch of the Gtii of February without adverting to some of the general Topics to which you have there taken occasion to advert. You complain that the Governor's oflicial explanatory Dcsjjatclies liave in this Case been treated by me as mere hearsay Evidence, whicli must not alfect liie Merits of tlie Case. I may, periiaps, misunderstand the precise Meaning of this Remark, but if it be that Statements maile by a (lovernor to me on the Authority of Thinl Persons are entitled to the same Weight as if they referred to Facts ofwliich he was the personal Observer and Witness, lean only say (hat I am not aware of any Reason which would justify me in so regarding them. If I rightly interpret some other Passages of your Despatch, you understand me to have authorized you to dismiss fiom Office any Person who should openly or latently op])ose your Policy. If you will reler again to the Instructions which you have thus quoted, you ^vill jierceive that the Officers to whom I referretl were not of the Class to whicli Mr. Ridout belonged, but Persons whose public Offices bring them into a confidential or immediate Connexion witli your Administration of the Affiiirs of the Province. I certainly never contein])lated tliat every Officer of the Militia, every District Judge, and every Justice of the Peace, should iiold his Office on the Condition of being dismissed ifliesiiould happen to oppose the Policy of the Lieutenant Governor for the Time being. To urge the Rule which I have laid down to sucli Conse([uences is at once to misapprehend my Meaning, and to establish a Principle whicli would bring almost every Gentleman in the Province into such Relations with the local Government as no ^lan of independent Character and Principles could be expected or desired to maintain. The Instructions to which you have referred were intended to ap])ly (and 1 think that Intention suliiciently mani- fest) to those high and confidential Ohicers of your Government only with wlioiii you are habitually brought into confidential Intercourse upon the general Interests of the Province. If there be any Ambiguity in my Instructions to you, which i do not ])cr« ceive, you will hereafter understand them in tliis lim ted Sense only. You further exjiress your Expectation that the " mere Expression of your " Opinion of the absolute Necessity for the Dismissal of any Person from " Office, whom fiom your local Knowledge you deemed liostiie to (he Rritisli " (Constitution, would iiave carried with it infinitely more Weight than the " Individual's Denial of his own (luilt." From this and oLlu'r Passages in your Despatch I inter that you regard the Secretary of State as virtually bound to adopt your Opinions in individual Cases as conclusive, even upon an Appeal against your Decision ; but such is not my Estimate of the Duties of my Office. I act under a strict and effective Resjionsibility to the King and to Parliament. Of every Measure whicli I take, or which, when taken by otiiers, I apjirove, I must be prepared to ])roduce the Vindication. Rut I should ill acquit myself of that Duty if I attempted to rest my Jiistilication on an implicit Confidence in the Judgment of the Officer against whose Acts an Appeal luul been brought before me. Cherishing, as 1 do, the strongest Presumption in llivour of every Decision of yours, I must yet, as often as your Sentence is iinpeached, examine into the Merits of the Question with strict Inqiartiality, ami witli a Jealousy of those Prepossessions in favour of your Opinions from whicli 1 can never be exempt. In our relative Position in His Majesty's Service I could not act on any other Princi])le without abandoninj^ my" Duty to the King and to His Majesty's Subjects ; and I trust that on your Part the just and lively Estimate which you have formeil of the Importance and Responsibility of your own Duties wilf be eonibined with a due Allowance lor the not less arduous and responsible Nature of mine. I have, kc. (Signed) Glenelo, Lord Cileiieli.' to Sir K. H. Head, :it!i April is;i7. J; t, * (H.) L 3 86 DESPATCHES FROM LORD GLENELG No. 3'J. Lord Glenelg to Sir I-. B. Head, 17tli April 1837 No. 39. (No. 159.) Copy of a Despatch from Lor ""lenelg to Sir F. B. Head, Bart., k. c. h. Sir, Downing Street, 17tli April 1837 I HAVE received His Majesty's Commands to take the necessary Measures for expediting your Patent as a Baronet of tiie United Kingdom. The King is graciously pleased to confer upon you this Mark of His Roval Favour as a fit Testimony of the high Sense which His Majesty entertains of the Services wjiich you have rendered in the Administration of tiie Government of Upper Cauaila I have, &c. (Signed) Glenelg. of the House Petition. ■\\'ith rcgarc rq)ly to the C may he laid 1 his Place in t Despatch, to'jt Enclosures, an produced acco (No. 167.) Copy of a Di No. 10. Lord Glenelg to -'^ir I'. B. Head, 17th April 1S37. No. 41. Lord Glenelg to .sir F. R. Head, 20th April 1837. No. 40. ® (No. 160.) Copy of a Despatch from Lord Glenelg to Sir ¥. B. Head, Bart., k. c. h. Sir, Downing Street, 17th April 1837. I HAVE received your Despatch dated the 4th of February, No. 7- It reached me on the 20th Ultimo. It was not until the 7th Instant that I received, by a sidisequent Conveyance, the Appendix, comprising the Evidence tiikcn before tlie Committee of the House of General Assembly ot Upper Canada, to which was referred my Correspondence with you on the Subject of the Petition presented to the House of Commons by Dr. Duncombe in the Parliamentary Session of 183(i. ■ The Refutation of Dr. Duncombe's Charges is entirely satisflictory. It has been in the highest Degree gratifyhig to me to be able to report to His Majesty, tliat after a niinute and vigorous Inquiry, dining which every Facility was given to the Petitioner to substantiate his Accusation, your Conduct in refe- rence to the Elections has been proved to have been governed by a strict Adherence to the Principles of tlie Constitution. I have, &c. (Signed) Glenelg. No. 41^ (No. 1G6.) Copy of a Despatch from Lord Glenelg to Sir F. B. Head, Bart., k. ch. Sir, Downing Street, 20tli April 1837. I HAVE the Honour to acknowledge your Despatch No. 2'.iy. Mo. 43. (Xo. 200.) Coi'Y of a DEsrATcii from Loiiu Glenelg to Sir F. B. Head, Bart., k. c. 11. Sir, Downing Street, 14tli July 1837. I HAVE had the Honour to receive your Despatch of the 5th Aprd last, No.-ll,, enclosing the Co[)y of a Gazette Extraordinary, notifying certain legal Appoint- ments which you had made, in conformity with an Act passed by the Legis- lature of Upj)er Canada, during their last Session. The public Events which have occurred since my Receipt of that Act have hitherto rendered it impossible to submit it for the Royal Sanction ; but I tr:^st that I shall have it in my Power to communicate to you the Queen's Pleasure respecting it at an early Period. In the meantime Her Majesty commands me to express her Appro- bation of the Appointment of Mr. Jameson to be Vice Chancellor, and of Messrs. A. Maclean antl Jonas Jones to be .Fudges in the Court of Queen's Bench, and I shall tike an early Opportunity of transmitting to you the necessary Warrants under the Royal Sign Manual confirming those Appoint- ments. The Selection of Mr. Ilagerman to be Attorney General a])pears more open to Question. I am fiiUy pre[)ared to admit, as a general Utile, the Claim of the Solicitor General not to be passed over in any new Arrangements, such as those to which your Des])atch refers, and I am of ()j)inion that such a Claim should not be set aside without some strong and paramount Reason. I am also \\ lling to give the greatest Weight to the Representations which you have addressed to me in Mr. Ilagerman's Favour, founded both on his jirivate Character and public Merit. It is, however, essential that the Gentleman (M.) L 4 who Xo. 43. Lord Gleiit;!„' to ">ir F. H. Head, Ntli July 1^37 '■'t\ •3^ '^vv2'' v'. «r ^>, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 vi lift Hi Ki tit 1^ 1^ Kiii 12.2 IMSB 2.0 140 IllJil LA. 11.6 V] /) /^. o;- >(!« Photographic Sciences Corporation 33 WIST MAIN STRUT WIBSTIR.N.Y. MSSO (716)873-4503 o 88 DESPATCHES FROM LORD GLENELG Nil. 4.J. Lord (iltiH-Ii; In Sir K H. He.ut, Mill Jiilv l,S;i/". who fills the liigh and responsible Office of Attorney General should hold Opinions on Questions of general I'olicy and relating to the Administration of the Artairs of the Provinci- in unison with those of the Executive Govern- ment. I have no Reason to doubt that you have received the utmost Support and Co-operation from the Solicitor General ; but I am bound to add, that if the Sentiments ascribed to Mr. Hagerman in the Resolutions, a Copy of which I have the Honour to enclose, be really entertained by him, and have been ))nl)licly expressed by him in his Place as a Member of the Provincial Le- gislature during the last Session, a very wide Difference exists between his \'iew and that of Her Majesty's Government, supported by the Opinion given by the Law Officers of the Crown in 1819, as to the Right of the Church of Scotland in Ujjper Canada under the Act of 1791. As those Resolutions have been transnntted to me by an individual Member of the General Assembly of the Church of Scotland, and as I have not received any Information from you on the Subject, I am willing to hope that some Misajjprehension may have existed as to the real Nature of the Language employed by Mr. Hagerman ; I shall therefore suspend my Opinion as to the Propriety of his Advancement to the Office of Attorney General until he shall have had an Opportunity of offering any Explanation which he may desire to give with reference to this Subject. You will communicate to Mr. Hagerman a Copy of so much of this Des- j)ateh as relates to him, together with a Co])y of the enclosed Paper. There is another Subject noticed in your Despatch, to which it is necessary that 1 should advert. You state that it hasb( en with unfeigned Regret that you have omitted to recommend for one of the new legal A))pointment^ Mr. Ridwell, whose professional Talents you consider superior to those of at least one of the Cientlemen selected by you, while his Character is irre- l)roachable. You observe, however, that Mr. Ridwell's Object, ** so far as it could be elicited by the Conduct of his Associates," was to separotc Upper Canada from the Parent State, and you claim my Assent to the rropositioii liiat " where a Man acts with disloyal Associates his Talents aggravate rather than extenuate his Offence." I need not assure you of the great Weight which I attach to any Opinion resj)ecting the Affairs of Upper Canada deliberately expressed by you ; and I have accordingly felt bound, in the ))resent In. lance, to defer to your Judgment relative to Mr. l}idwell ; but, considering that the DL.loyalty which is imputed to Mr. IJidwell's Associates is not charged against himself, or attempted to be proved by any Act of his ; that he lias, for the present at least, withdrawn himself from political Strife ; and that his Legal Abilities and high moral Character are acknowledged and respected even by his political Opponents, I cannot reganl the Part which he formerly took in focal Politics as an insuperable Darrier to his future Advancement in his Profession ; on the contrary, adverting to the general Estimate of his Qualifications for a Seat on the Hencli, it appears to me that the Public Interests would be promoted by securing hi^ Services. Nor would it be of slight Importance to convince the Inhabitants of Uj'per Canada, that in the Selections for Judicial Offices the Executive Government is actuated by no other Feeling than an Anxiety to promote the M'elfiire of all Classes of Her Majesty's Subjects. If, therefore, as you appear to anticipate, another Vacancy should occur among the Judges of the Court of King's Ueneh, it is the Wish of Her Majesty's Government that the Situation should be offered to Mr. Bidwell, and they will hear with much Pleasure that lie lius uccepteit it. 2 have, &c. (Signed) Glenelc. Pursuai Saint All! 28th Day Measures of Scotlan are at pre.' rejiresent i several C( April next At Seve after whici appointed The Ch Resolution Moved Resolved, Nation," 1 Iin])erial .*■ makes Pro> tiiese Prov Crown for Moved I this Meetir Views wlii( Legislature forbear ex[) hitherto be Rents arisi treated rath a Church n Moved I Resolved, ' highest legj 1.5th Novell of the Hoiii structions ol in the Year Claims of t his Concern vision for tl; posable Rev sitioii to su( Church of ,^ I'lace as a A is the Estabi Church, bu' than that of similar Opii Assembly, i Confidence i to appeal to securing tlu ,, Church of S ;| which piovi( % jects of I'liig 'i Moved 1)1 ,;| That this l\f I the Rights a I llie Church ( Churches ar (H.) ■| t il should hold ministration of ;utive Govein- >t Support and dd, that if the Ilopy of which ind have been Provincial Le- ts between his J the Opinion Right of the 91. As those lember of the e not received lope tiiat some the Language Opinion as to General until tion which he ch of this Des- 'aper. which it is iifeigned Regret Appointments or to those of laracter is irre- t, •• so far as it separMtc Upper the Proposition Kgravatc rather o any Opinion )y you ; and I your Judgment lich is imputed r attempted to cast, witiuhawii nd high moral ical Opponents, Politics as an ssion ; on the IS for a Seat on promoted by :o convince the :ial Offices the an Anxiety to If, therclbre, )ng the Judges 's Government will iiear with Glenelg. No. 43. Lord OluDel; to Sir F. B. Mead. 14th July 1837. Enclosure. ON THE SUBJECT OF CANADA. 89 Enclosure in No. 43. Meeting of the Congregation of Saint Andrew's Church. Pursuant to a Requisition to that Effect, a Meeting of the Congregation of Saint Andrew's Church took place in the Church Yesterday Evening, the 28th Day of March 1837, for the Puqiose of taking prompt and decided Measures for securing the Ecclesiastical Rights of the Adherents of the Church of Scotland in this Province from the Infringements with which these Rights aie at present threatened, and also for the Purpose of electing a Delegate to represent the Congregation at the proposed Meeting of the Delegates from the several Congregations of the Ciiurch to be held at Coburg on the Hth of April next. At Seven o'Clock the Reverend John Macliar opened the Meeting by Prayer, after which John M'Lean, Esquire, was called to the Chair, and Mr. R.M.Rose appointed Secretary. The Chairman having explahicd the Objects of the Meeting, the following Resolutions were ])iit and unanimously adopted. Moved by Mr. Pringle, and seconded by Mr. Andrew Drummond: — Resolved, 1 hat this Meeting, firmly believing that "Righteousness exalteth a Nation," have ever contemplated with peculiar Satisfaction that Part of the Imjierial Statute of the 31st of His late Majesty George the Third which makes Provision for the Maintenance and Support of a Protestant Clergy within tJiese Provinces, by an Allotment of One Seventh of the Waste Lands of the Crown for that Purpose. Moved by Mr. Williamson, and seconded by Mr. Harper : — Resolved, That this Meeting, while they entertain a grateful Sense of the just and enlightened Views which actuated His late Majesty and the other Ilranches of the Imperial Legislature in making Provision for the Support of a ''rot(*stimt Clergy, cannot forbear expressing their deep Regret that the Church of Scotland have not only hitherto been debarred from participating in the Proceeds of the Interest and Rents arising from the reserved Lands, but in other respects have been treated rather as the Teachers of a Sect merely tolerated than as tiie Clergy of a Church recognized and acknowledged by the Laws of the Empire. Moved by Mr. Patrick M'Gregor, and seconded by Mr. John Mowat:* — * Vide lind ..r tiii« Resolved, That when this Meeting refer to the declared Opinions of the very '^"^'"''"ii". No'c I. highest legal Authorities of the Empire, given at Doctors Commons on the 1.5tii November 1819, and to the concurrent Opinion of the Select Committee of the House of Commons in the Year 1827, ii"'' idso to the subsequent In- ' ' structions of His Majesty to His then Lieutenant Governor Sir John Colborne, in the Year 1832, wherein His Majesty most tlistinctly recognizes *' the just Claims of the Established Churches of England and Scotland," and exj)resses his Concern that " as yet the Waste Lands which havt been set a|)art as a Pro- vision for the Clergy of these venerable Bodies have hitherto realized no dis- posable Revenue;" when this Meeting refer to these Things, and yet, in oppo- sition to such full and ample Recognition of the Rights of the Clergy of the Churcli of Scotland, perceive His Majesty's Solicitor General asserting, in his Place as a Member of the Provincial Legislature, that the Church of England is the Established Church, that the Roman Catholic Church is an Established Church, but that the Church of Scotland is no more an Established Church than that of any other Dissenting Hody in the Province ; perceiving also that similar Opinions are held and maintained by other Members of the House of Assembly, Advocates for the exclusive Rigiits of the Church of England, their Confidence in the Provincial Legislature is lost, and thus they find it necessary to a])peal to His Majesty and the Imperial Parliament for recovering and securing those Rights and Privileges to which the People and Clergy of the Chiu'ch of Scotland consider themselves so justly entitled by the Act of Union, which provides for a C!ommunication ol' all Rights ami Privileges with the Sub- jects of England. Moved by Mr. John Oliphant, and seconded by Mr. Strachan : — Resolved, That this fleeting, while they claim for the Clergy of the Church of Scotlaiul the Rights and Privileges which belong to them in common with the Clergy of tJie Church of England, assume the i'riiiciple that the Clergy of these Two Churches are the only Clergy recognized by the Laws of the Empire as a Pro- C'H.) M ' tcstanl I i 1 1 ' i '1 90 DESPATCHES FROM LORD GLENELG No. 43. Lord Glenelg to Sir F. B. Head, 1 tth July 1 837. Enclosure. * Vide End of this Enclosure, Note 2. testant Clergy, and entitled to participate in the Provision made for the Main- tenance and Support of a Protestant Clergy. Moved by Mr. A.M'Nab*, and seconded by Mr. Wm. M'lntosh : — Resolved, That this Meeting, wliile they disavow any Wish to deprive the Clergy of tlie Ciiurch of England of their full Share of that Property to which they are justly entitled as a Branch of the Protestant Church, or to object to their Spiritual Authority and Ecclesiastical Jurisdiction in so far as these are limited to the Members of their own Communion, and are neither assumed nor exercised over the Clergy or People of the Church of Scotland, feel themselves warranted in siiying tliat the recent Establishment of Rectories, and the Induction of Clergy, men into these Rectories, were Measures, if not illegal, at least highly impolitic on the I'art of the Provincial Government, under the existing Circumstances, and especially during the pending of those Measiures of Settlement recommended by His Majesty, in which His Majesty was careful to keep in view the just llights of both the Protestant Establishments. Moved by Mr. Mason, and seconded by Mr. Oliver Mowat: — Resolved, Tiiat this Meeting, on behalf of themselves and their Pastor, reject the Compliments paid to them in the "Patriot" Newspaper, to the Disparagement of their Fellow Churchmen, who, seeking a common Object with this Congregation, had a Right to exercise their Judgment as to the best Means of securing it ; nor can this Meeting forbeiir to express their Concurrence in the Condemnation already widely pronounced of the grossly incorrect Statements and intemperate Language respecting their Church and Clergy of Solicitor General Hagerman, in the House of Assembly on the 9th February last. Moved by Mr. J. Cameron, and seconded by Mr. M'Miirrick : — Resolved, That while this Meeting, both on account of the pure Doctrines inculcated in the Standards of the Church of England, and on account of the estimable Christian Qui'lities exemplified by many in her Communion, deeply regret their being forced into a Position of apparent Hostility to that Church : They feel that not to withstand to the utmost, as is now proposed to be done, the unjust and exclusive Claims arrogated for her by some of her unwise Champions, were to betray the best Interests of the Church of Christ in this Land, inas- much sis this Meeting are fully persuaded that the Position blindly sought for by the Church of England will not only be hurtful to herself, but in a high Degree prejudicial to the Spiritual Welfare of Multitudes belonging to the Church of Scotland, who, under whatever Destitution of pastoral Instruction they might for a Length of Time labour, would not connect themselves with the Church of England. Moved by Mr. Pringle, and seconded by Mr. John Mowat : — Resolved, That as it has been proposetl that a Delegate from each Congregation of the Scottish Church in the Canadas should meet at Coburg on the I tth Day of April next, lt)r the Purpose of preparing and forwarding a Petition to His Majesty and both Houses of the Imperial Parliament, and to adopt sucii other Measures as may appear to the Delegates, when meL, best calculated to promote the general Interests of the Church, and to secure her just Rights, that this Meeting now api)oint F. A. Harper, Esq., to be the Delegate from this Congregation. Moved by Mr. Pringle, and seconded by Mr. Strange : — Resolved, That Messrs. .lohn Mowat, Alexander Pringle, John M'Lean, Jame3 Williamson, and Patrick M'Ciregor be a Connnittee, to correspond and advise with Mr. Har- per on Matters relative to his Mission. N O T E S. Note 1. — Mr. Mownt stated, ihnt he held in his Ilnnd "An Address to Scotchmen," writtrn hy n wortliy Member of tlie Ciuircb of Scotlimd living nt a Dist.inco, and proposed tlmi tlu: Meeting should bear it read, 'i'liis Proposal being agreed to, tiie Address was acconl- ingly read, and received with Approbation. Note 2, — Mr. M'Nub, in moving this Resolution, read the following Extract from ono of the Works of that eminent English Divine, William Hurd, D.D. : — "We have considered the Calvinisis, in a general point of view, as particidarly cstablisiietl in some Parts of Europe. We shall now consider them as a national Church, begun l)y infinite Wiidoni, supported by almighty Power, regulated by unerring Providence, an»l at pruieni 4 -I present On that altliou; land, yet t Nothing is whereas thr Scotland est '• This w swears to pr is made pub to him that maintain tin the Scottish that he will leges. A C'l Messenger is read, and on " Here W( Kngland, for nntion, Tli Instates, 1C81 wits again ins not as a I'Hvi il than he ci more explicit they may iiu learn every tl (No. 203.) Copy of a Sir, I HAVi; til .SOth May, N it necessary Much as ] forced upon Op..iions an vinced that best Cotirse you to pursu :i I (No. 209.) f Coi'Y of a '. i* Sir, ^ I HAVE lu I No. (iO., and ;g Kniharrassinc m Specie Paynii ^ the Steps win ^ Hunk. 1 approve c of the Case, j of the Object the Military C oil the Lord.H (11.) r»i ON THE SUBJECT OF CANADA. 91 ! for the Main- sli : — Resolved, le Clcrj^y of tlie 1 they are justly 3 tlieir Spiritual i limited to tlie ir exercised over res warranted in ction of Clergy- higiily impolitic T Circumstances, nt recommended n view the just -Resolved, That the Compliments ^ement of their ongregation, had securing it ; nor le Condemnation and intemperate neral Hagerman, ick : — Resolved, lies inculcated in of the estimable 3eply regret their urch : They feel done, the unjust wise Ciiampions, this Land, inas- dly sought for by in a higli Degree :o the Church of :tion they might with the Church -Resolved, That 1 of the Scottish ly of April next, His Majesty and :her Measures as mote the general lis Meeting now legation. Resolved, That |me3 Williamson, le with Mr. Har- Icotcbmeii," written linil proposed tlmt Iddrcss WHS accord- Extrnct from one licnlnrly cNtnbiisliol 1 t'hurch, begun bjf y*rovidc'iice, and ol present present One of the Glories of die Protestant World. And here we are sorry to observe, tlmt altlioui'b tlie People of England are united under one Government with those of Scot- laiul yet there are many of the former utterly ignorant of the Religion of the latter. Noihiii" is more conmion in Eiigl.iiid than to call the People of Scodand Dissenters; whereas they have their own Church estal)lished by Law. Nay, so firmly is the Church of Scodnutl established, that it cannot be overthrown unless there 's a total Revolution. '« This will appear evident, when we consider in what Manner the King of Great Britain swears to protect, defend, and support tlmt Clinrch. The Moment the Death of the King is made pul)lic to his Successtir, the Heir takes his place in the Council, and it is intimated to him that he cannot be proclaimed till he has sworn before their Lordships that he will maintain the Church of Scotland as by Law established. This Oath is administered in the Scottish I'"aihion, by the King's holding up his Right Hand, and solemnly swearing that he will do nothing to injure the Church of Scotlatid, but support her in all her Privi- leges. A Copy of this Oath is recorded in the Books of the Privy Council ; and then a Messenger is despatched to Edinbm-gh, who gives it in the Court of Session, where it is read, and ordered to be recorded in the Lords Register Office;. " Here we find a vast Privilege bestowed on the Church of Scotland beyond that of Kngland, for in Englanil the King does not swear to maintain the Church till his Coro- nation. This Privilege was claimed by the People of Scotland in that Convention of tlstates, 1689, which declared the Throne vacant, and voted in William and Mary. It was again insisted on by the whole Nation of Scotland at the Union, 1707 ; it was claimed, not as a Favour, but as a Right ; and the King of Cireat Britain can no more dispense with ii than lie can with any of the fundamental Laws of the Constitution. We have been the more explicit on this Subject, that our Readers may be made acquainted with it, and that tliev may know every Particular ; for, as a celebrated Author says, ' We should not only learii every thing, but we should learn every thing well." " No. 44. (No. 20;3.) Copy of a Despatch from Lord Glenelg to Sir F. B. Head, Bart., k.c.h. Sir, Downing Street, 23dJuIy 1S.17. I HAVE the Honour to acknowledge the Receipt of your l>esj)atch of the ^Oth May, No. (iO., roj)orting the Circumstances under wiiich you iiuve thought it necessary to convene the Legislature of Upiier Canada. Much as I 'egret that strong popular Feelings and Anxieties should have forced upon you any Measure whicii was not entirely consonant with your own (Jp.. lions and with those of your Kxeciitive Council, 1 am nevertheless con- vinced that in call iig togetiicr the local Legislature you have adopted tlie best Course which, 'iider all the Circumstances of the Case, it was possible tor you to pursue. I iiavo, &c. (Signed) Glenelg. No. 45, (No. ','0ached me on the 1st September 18;J(i. At that Time Plans were m agitation (or remodelling the Crown Laud Departments in all the British Noth American Provinces. You had annoimced your Intention to make an early Report on the Land-granting System in Upper Canada. At such a Moment it would have been highly improper to contirm absolutely and without Qualification Mr. Sullivan's Appointment, or indeed any other Appointment in that Deiiartment, because such a, Confirmation would have created a vested Interest inconsistent with the meditated Improvements. Meantime Mr. Sullivan was in possession of the Office. The Circumstances which delayed the proposed Alterations in the Crown Land Department in Lower Canada need not bo stated " No. 5 1 . Lord (Jlenelj; to Sir 1'. I). Ileud. '2ith Nov. 1S37 1 . 3 •1 Here. (41.) N 3 Even J! i 102 DESPATCHES FROM LORD GLENELG No 51. (.uru (ilcnelg to Si, I B Head, '.nH< Nov. 1837. 'I I ii Even in New Brunswick it is only within the last Autumn that they have been completed. But on the 28th of January 1837, unwilling to incur any further Postpone- ment, I transmitted to you an Explanation of the past Delay, and confirmed Mr. Sullivan's Appointment ; reserving however to the Crown the Right to make any Alteration which might subsequently be found necessary, either in the Duties or in the Emoluments of the Office, without any Right to Compen- sation on the Part of Mr. Sullivan. In the Interval that Gentleman was not to receive the usual Appointment under the Sign Manual, but was to act under your Nomi lation ; the single Object of this Arrangement being to avoid a Measure which might render more difficult any future Regulation of the Office. Finding however that you con- sidered the Absence of this usual Form of Apjjointment injurious to Mr. Sulli- van and embarrassing to yourself, I transmitted the Royal Warrant n my Despatch of the 31st of July 1837, accompanied by an express Stipulation against its being regarded as a final Act. Such is the present SUite of this Matter. VII. You complain of my not having at once advised the Confirmation by the Crown of the Appointments of Messrs. Hagerman and Draper to the Offices of Attorney and Solicitor General, without a Reference back of the Subject to you. I beg to remind you of tlie real State of this Case. In the Month of April you appointed, under Sanction of an Act of the local Legislature, Three new Judges, One of whom was Mr. Jameson the then At- torney General. To the Office of Attorney General • mis vacated you appointed Mr. Hagerman the Solicitor General ; and this last Office you conferred on Mr. Draper. All these .ive Appointments were of course provisional, and awaited the Confirmation or Disallowance of the Crown. The Information of these several Appointments reached me during tlic Illness of tlje late King, at a Time when His Majesty could not with Pro])riety be consulted on the Subject. Shortly after tlio Accession of Tiie Queen tiie Three Judicial Appointments were confirmed by Her Majesty ; but tiie fol- lowing Circumstances rendered some Delay in deciding on tiie Claims of Messrs. Hagerman and Draper unavoidable. In the Despatch delivered to you on your Acceptance of tiie Government, and by you communicated to tlie Legislature, I luid in the clearest Terms declared tliat no higli and confidential Servant of tlie Crown, wlio, as a Member of the Legislature, sliould oppose the Policy of the Government, would be permitted to retain his Office. A Member of the General Assembly of the Church of Scotland had trans- mitted for my Infbrniation certain printed Resolutions of the Presbytery of that Church in Ujiper Canada, which Resolutions represented that in the Session of 183() Mr. Hagerman had, in his Place in the Hou.se of Assembly of Upper Canada, held Language and pursued a Line of Conduct highly injiu'ioiis to the Character and Interests of the Scotch Church, and in direct Opposition f.) the avowed Policy and recorded 0})inioiis of the Ministers of the Crown- In fulfilment of the Pledge communicated by you to the A.ssenibly, I directed you to call on Mr. Hagerman for Explanations. These Explanations, wliicli have been given by tliat Gentleman, promptly and frankly, were transmitteil in your Despatches Nos. 100. and 101., of lltii and l.Oth Sejiteinber, and have proved, I am hapjiy to add, quite satisfactory. Mr. Hagerman has distinctly disclaimed the Sentiments ai. ' Language imputed to him, ami it is clearly established that the Presbytery acted on erroneous Information ; Mr. Hagei- man's Appointment as Attorney (ieueral has therefore beiii confirmed. Re- sjiecting Mr. Drajier there never was any Doulil, excejiting whether he slioulil be Attorney or Solicitor General ; that i)oubt being now resolved, h* has been confirmed in the latter OIHce. In the whole of this Proceeding I have simply adhered to the Pledges which hi obedience to my Instructions y*)u gave ;u the Commencement of yoiu' Ad- ministration to both Houses of the local Ligislature. VII I. Y vi represent that the Statement which I laid before the Law Officers of the Crown respecting the Fifty-seven Rectories established by your immediate Predecessor in the Government of Uiiper Canada omitted a most material Fact, ami that this Error may throw the whole Province into con- fusion. This Repie.sentation renders it necessary for me briefly to advert to the Particulars of this Ca,se. •) • Immedialelv m Immcd Order ma Fit'ty-sevc House of Govern m required you traiKsr tlie Recto of your P Embarrasf On the Houbt, wl tion, I coi Order of with every Subject. a Report mitted to _ Archdeaco omitted or the Crown View or B( directed. course wil final Opini( conveyed b late Majest laid before entirely dif referred to Omission oi doubtful. ] essentially d Sir J. Colbo .nnd on then muting it, ' Mi.isure. 1 i'jidowmcnt all the nece now appear; Omission nc (lovernor in but neces.sai its Defence not the Fat lOtii of Sept IX. You tlicdth of Ji it necessary i Mr. Dunn 1^3.'5, under Credit of the and Co. of without evei Ueeord in th in the ])ersoi The Insol' bility of obtii smy, anil in directed Mr. otHcial and b of the (jth t " Mr. Dunn " Governme (U.) ON THE SUBJECT OF CANADA. 103 Immediately before the Close of his Administration, Sir J. Colborne, by an Order made by the Advice of the Executive Council, established and endowed ritlv-sevcn Rectories. Complaints of this Proceeding were preferred in the House of Commons. They were answered by the Statement that His Majesty's Government had neither authorized nor even heard of the Measure. When required to supply the necessary Information and Explanation on this Subject, you transmitted the Order of the Lieutenant Governor in Council by whicfi the Rectories had been established, and you expressed your Regret at this Act of your Predecessor, declaring that it had constituted one of your most serious Embarrassments in the Administration of your Government. On the Receipt of your Despatch it occurred to me, as aQuestion of very grave Doubt, whetiier the Act was valid or legal. To adjust that preliminary Ques- tion, I consulted the Law Officers of the Crown, and communicated to them the Order of the late Lieutenant Governor in Council establishing the Rectories, with every other Document which you had transmitted to me as bearing on the Subject. The King's Advocate and the Attorney aJid Solicitor General made a, Report against the Validity of the Endowments, and that Report was trans- mitted to you, with an Instruction to communicate it to the Bishop and the Archdeacon, and to request them to state whether any material Facts had been omitted or inaccurately rcj)resented in the Case laid before the Law Officers of the Crown, and whetiier the Law Officers appeared to have overlooked any View or Bearing of the Question to which their Attention ouglit to have been directed. To this Instruction I have not yet received the Reply, which of course will in due Time arrive, and until I receive it I must reserve my final Opinion on the Case. You maintain, however, that if certain Instructions conveyed by Lord Uathurst to Two preceding Governors in the Reigns of their late Majesties King George the Third and King George the Fourth, had been laid before the Law Officers of the Crown, their Decision must have been entirely different. Without prejudging a Subject, which must hereafter be referred to those Learned Persons, I will merely state that the Materiality of the (Amission of those Instructions to the Question at issue seems to me very doubtful. But if the Statement laid before the Law Officers of the Crown was essentially defective, the Respcnsibility does not rest with me. The Oriler of Sir J. Colborne in Council proceeded avowedly on Lord Ripon's Instructions, and on them alone, and neither in the Order itself, nor in your Despatch trans- muting it, was the slightest Allusion made io any other Foundation of the M'iisurc. I therefore had no Ground to conjecture that the ('reation and Endowment of the Rectories rested on a different Basis. Called upon to supply all the necessary Information on the Subject, you omitted that, which, as it now appears, you regard as the fundamental Fact in the whole Case. This Omission not only letl me hi Ignorance that the Order of the Lieutenant (lovernor in Coimcil rested on the Authority of Lord Bathurst's Instructions, but necessarily led me to conclude that the Authors of the Measure rested its Defence entirely on the Instructions of the Earl of llipon. That this is not the Fact I had never heard nor surmised until your Despatch of the 10th of September reached me. IX. You remonstrate against the Remarks, which I made in my Despatch of tlietith of June, 1S37 respecting Mr. Draper's Mission to this Country. 1 think it necessary therefore to remind you of the real State of this Case. Mr. Duim, the Receiver CJeneral of Ujijier Canada, obtained, in the Year ISy,"), under the Authority of an Act of the local Legislature, and on the Credit of the Revenues of the Province, large Loans from the House of Wilson and Co. of London. These Contracts were maile by Mr. Dium in Person, without even the Knowledge of His Majesty's Government. There was no Record iu this Country of the Nature and the Terms of them; the whole rested in the jiersonal Kuowredgc of Mr. Dimn. The Insolvency of the American Houses justly alarmed you as to the Possi- bility of obtaining Payment of the Sums due in London to the Provincial Trea- sury, and in order to explain that and some other Financial Questions you directed Mr. Draper to repair to England. Mr. Drajier brought with him no official and but little iiersonal Knowledge on the Subject ; ami in my Despatch •it' the (ith of June I expressed " my Regret that any other Person than " Mr. Dunn should have been selected as the Messenger of the Provincial " Ciovernment on this Occasion. Whatevei" (1 observed) •' may have been (.H.) N t " Mr. No. 51 Lord (iienti;: ts of his Pro- Imerly been a lually to oifer lappear to me rrmanenl and Ids of private Character, Character, no Objections could be raised ; and to which, on the Grounds of Professional Eminence, lie liad the highest possiI)le Title. It appeared to me dani^erous, or rather impracticable, to govern the Province on the Principle of a Proscription of the whole of one large Body of the Inhabitants. You now indeed make the additional Statement, that Mr. Bidwell was a Member of a Rc\ olutionary Society called " The Provincial Convention." Of this Fact I was totally io-norant until the Receipt of the very Despatch now under Consideration. By a Despatch from you of a still later Date, namely, the 22d of September, it appears that a Letter, bearing the Date of the 3d of August, and the Signature of Mr. Bidwell, was published at Toronto on the 20th of September, in which Mr. Bidwell expressly declines to be a Member of that Society, and complains of the unauthorized Use of his Name for that Purpose. In reporting this Fact you assume that the Date which the Letter bears was purposely falsified ; that Mr. Bidwell had heard of the Intentions in his Favour, and had published his Letter with a false Date, in order to remove an Objection which might have obstructed his Advancement. On what Authority this Accusation is made you have not explained ; and without some such Explanation I could not impute what would be in effect a wilful Violation of Truth to a Gentleman whose moral Character is unimpeached by his most decided political Antagonists. If however the only practical Ground of Difference between you and me had been the Promotion of Mr. Bidwell, I should have been anxious for the present at least to defer to the strong Opinion which you have expressed against my Recommendation, Mr. Bidwell had certainly no Claim of strict Right to tha Promotion in question. Every Selection of that Kind is an Act of discretion- ary Authority, in which the Government is not only at liberty but is bound to weigh all conflicting prudential Considerations on either Side ; and whatever may have been my Views respecting Mr. Bidwell's Appointment, I do not scruple to admit, that if I had been to make my Choice between the Execution of that Purpose and your Continuance in Oflice I should not have hesitated to prefer the latter Alternative. XII. But Mr. Ridout's Case is of a different Complexion ; and with respect to it I am compelled to acknowledge my irreconcdeable Dissent from your Judgment and Conclusions. In the Despatch to which I am now replying the Particulars of this Case are recapitulated but briefly, and therefore with that Kind of Inaccuracy which is inseparable from the Abridgment of any considerable Extent of Detail. On the other hand, in the Correspondence which has taken place on this Subject, and which is comprised in the Despatches referred to in the Margin, will be found a full and carefid Investigation and Statement of every material Circum- stance. To liiiit Correspondence I refer with Confidence^ as proving that the Course which I ])ursued was imperatively forced upon me by the Duties of my Office, and by the Obligations of Justice to Mr. llidout, and of good Faith to the Province at large. I think it necessary, however, to preface the Remarks I have to make on this Subject by a short Summary of the Facts, as they are to be collected from the Paper? before me. You dismissed Mr. Ridout from the Offices of Colonel of the Militia, Judge of the District Court of Niagara, and Justice of the Peace, and caused a Letter to be addressed to him in which that Measure was stated to have been taken, on the ground that it appeared that he was an active Member of a Society which had circulated an Address insulting to your Person and Office. Mr. Ri- dout distinctly denied tiiat he was a Member of that Society ; that he had had any thing to do with drawing up the Address in question, or that he hail even seen it until it was in circulation in Print through the City of Toronto. He transmitted to you Evidence on Oath in corroboration of his Statement. As you took iio Notice of his Com[)laint, he placed in your Hands an Appeal to myself, having first requested, in 'i'orms to which no possible Objection could be made, that if there were any other Reasons for his Dismissal than that which you had assigned to him he might be informed of them. You did not comply with this Request ; but, in transmitting to me his Appeal, you imputed to Mr. Ridout various Acts of Misconduct, to which no Allusion had been made in your Correspondence with him. I answered you by stating, in effect, that in deciding on Mr. Ridout's Api)eal it was impossible tor me to advert to any (11.) O oth/r No. 51. Lord Glenelg to Sir F. B. Head, 24th Nov. 1837. Sir F. B, Head, I'ith Sept. 1836, No. 72. Lord Glenelg, 29tli Nov. 1836, No. 113. Sir F. B. Head, (ith Feb. 1837, No. 13. Lord Glenelg, ■'!*li April, 1837, No. 158. ^k 106 DESPATCHES FROM LORD GLENELG No. 51. Lord Glenelg to Sir F. n. Head, 24th Nov. 1837. otlier (jrounds of Accii.s;ition than that which had been made known to Mr. Ridout as the Cause of his Dismis.sal. I explained the Reasons which led me to regard as satisfactory jMr. Ridout's Defence against tiie Charge of which alone he had been informed ; and I .signified to yon His late Maie.sty's Connnands, that Mr. Ridout shoukl be permitted to resume tiie various Employments fromwliich he had been removed. Against this Decision you remonstrated in your Despatcii of the (Jth February. You then for the first Time informed nic that you had acted on this Subject with the Advice of the Kxecutift'e Council. In my Reply of the .Oth April, after stating my Dissent from some of the Principles which you had maintained with reference to this Case, 1 further addresseil you in the following Terms : — •' From your De.sjiatch of tiie (kh of February I now however for the first " Time learn that Mr. Ridout's Removal ♦iom OiKce was recommended by " the Executive Council : ••'•.id I further learn, that tiiey adhere to their original " Opinion. On thi Subject 1 have to state, tiiat 1 have never ex))res.sed, nor " do 1 now entertain, any udgTficnt op])o.-;ed to tlieirs ; on the contrary, I " entirely agree with them, that the various Acts of Misconduct ascribed " to Mr. Ridout in your Dc.sj)atch of the I'Jtli September, and still. more fully " stated in your De.sj)atch of tiie (ith of February, are such as would, if sub- " .stantiated on jiroper Inquiry, justify the very severe Penalty inflicted on him. " If I am to understand the Council as thinking that such an Inquiry was needless, I mu.st, with whatever Reluctance, differ fiom them. The Grounds of that Difference I have already in part explained. But I must add, that if there be any one Class of ]>ublic Officers in whose Caise it is especially incimibcnt on the Executive (iovernment to proceed with Caution, Circum- " spection, and with a strict Observance of all the essential Forms of Proceeding " on such Occasions, it is the Class of those who are intrusted with the " Administration of Ju.stice. " In a\owing my Opinion that the jSIatters laid to the Charge of Mr. Ridout " would, if established, ju.stify his l)i.smi.s.sion, I wish to be understood as not " referring to the intem])erate Terms in which he addressed, you afler his «• Removal from OfHce. Much Allowance is to be made for natural Feelings " under a Sense of supposed Injury. It is to the other Allegations that my " Remark ajiplies. " I; is, I can assure you, ])ainful to me to take any Course of Conduct which •' may aggravate the Dilticulties of your Situation, yet 1 feel myself bound by " the jiaramount Obligations of .Justice still to withhold my Approbation of the " Measures adopted in Mr. Ridout's Case. On the other hand, his Restitu- " tion to Office may, I think, be pro])erly made to dejiend upon his Ability " to exculpate himself from the various Charges ])ref'erred against him in '• your Desi)atclies of the I'itli of September and the (ith of February. To «* this Extent the Instructions conveyed to you in my Despatch of the '^Otli " of November are withdrawn and qualified. Further than this it is imjio.ssible " for me to aihance. You will theref()re, in whatever Mode you shall think " be.st, put Mr. Ridout in j)ossessiou of tliose Accusations, and after weighing " his Answer, and the Evidence by which it may be supported, you will coni- " municate to me the Result," I have entered on the preceding Statement as necessary to explain and justify the very material Fact which I am desirous to record. That Fact is, that the lnstructi( 's, which you now refuse to obey, do not direct Mr. Riilout's Reiustatement. In the Exercise of the Authority with vhich I was invested I tluectcd you to place a .Judge whom you had dismis.sed from Ollice in po.s- sessiou of the Ci rounds of that very grave Proceeding before I could confirm his l{(>moval. I called upon you to render to him that Measure of Justice whieli the humblest Member of Society is entitled to demand, by making known to him what were the Reasons on which the J{ej»reseiitative of his Sovereign had sentenced him to Degradation ami Punishment. This is the Instruction whicii you meet with a direct and positive Refusal. Such is One of the most prominent (irounds on which, at a Moment of extreme Embarrassment and Dilliculty, you have resigned the Adniini.stration of the Ooveriimcnt of Upper Canada. Youi deliberate Retiisal to obey my InstructiouH of the .^th of April, is communicated to me, for the first Time, in a Despatch dated on the lOth or Seiiteml.'er. It is to bt- collected from other Communications of yours which ure roil will coin- ON THE SUBJECT OF CANADA. 107 No. 52. (No. '259.) Copy of a Despatch from Lord Glenelg to Sir F. 13. Head, Bart., k. c. ii. Sir, nowiiing Street, .'iOtli December IS.'.?. I HAVE tlie Honour to acknowledge your Des})atch of the 18th November, No. h2\'., enelosinii' Copies of a Correspondence which had |)asscd hctwecn yourself and Sir J. Colborne relative to calling ont the Militia of Upper Canada to assist in suppressing the Revolt in the Lower Province, and containing some Suggestions as to the Course which, at the Date of jour Despatch, it woidd, in your Opinion, have been most advisable thv Her Majesty's Government to l)ursue towards Lower Canada. Althoiigii the Events which have taken ])lace since the Date of your Despatch, have rendered these Suggestions inapplicable to the actual State of the Province, I feel it due to you to offer my best Thanks for the Conuininication of them, and to express my Conciu'rence in much of what you have stated with reference to this Siibjeet. I approve the Answer which you returned to Sir J. Colborne on the Subject of the Upper Canada Militia, and I have no Doubt of tiie Prudence of the Coiu'sc which yon have pursued, and the Soundness of tl'.e Biseietion which you have exercised, in regard to the late Proceedings in the Vicinity of Montreal. I have, &c. (Signed) Glenelg. -'I i are recorded in this Office, that my Des])atcli of the 5th April had reached your Hands on the '2()th of June ; that is, between Two and Three Months before the Date of the peremj)tory Declaration, that on this Point at least you would not conform to the imequivocal Listructions of your iifficial Sujjerior. You must i)ermit me to say that your Purj)ose ought to have been much sooner announced. I cannot acknowledge the .Justice or Propriety of leaving me so lon<>' in ignorance of such a Decision, and of the Resignation which you repre- sent as immediately and unavoidably connected with it. I have thus noticed sej)arately and distinctly the various Accusations of which, in your Despatch of the 10th of September, you have made me the Object. I have not stopped to comment on particular Expressions, or on the general Tone and Style of that Communication. The Respect with which Her Majesty's Government ha\e invariably acknowledged your public Scnices is too sincerely entertained to leave room for any other Feeling than that of Regret, in contemplating the Position which you have thought it proper to assume with relation to them. So long as I could rely on your Assurance that your Policy would be regidated by the Instructions which you had received from me, I felt fully justified in contiiming in your Hands the Administration of the Province. You now however inform me that you have felt it your Duty frankly to disclose to me Opinions and Sentiments, which, being hostile to the Policy of the Office over which I preside, ought not to be withheld from me. You have accompanied this Disclosure with a ])ositive Refusal to carry my Instructions into eflfect, in a Case in which that Refusal involves, not only Dis- obet'ience to my Directions, but actual Injustice to an Individual who has apjjcaled to me i'or Redress. IJnder these Circumstances Her Majesty's Ministers have, afler the fullest Deliberation, thou'^ht it their Duty to tender to The Queen their Advice that your Resignation should be accepted ; and I have received Her Majesty's CoiTunands to signify to you Her Acceptance of it accordingly. In confiarmity with your Request, your Successor will proceed to Upper Canada with the least possible Delay. In the meantime I rely on your devoting the short Period of your future Administration of the Affairs of Upper Canada, to the Protection and Advancement of tho&o highly important Interests which during the last Two Years have been intrusted to your Guidance with so much Advantage to the Public Service. I have, &c. (Signed) Glenelg. No. 51. Lord Glenelg to Sir F. B. Head, 2tth Nov. 1837. ». i| i No. 52. Lord Glenelg to Sir F. B. Head, 30tli Dee. 1837. i .iJ*. '■ m (41.) O '2 •11"' 108 DESPATCHES FROM LORD GLENELG No. 53. Lord (ileiielg to Sir G. Ariliiir, 30tli Dec. 1837. Sir F. B. Mead, 12th Sept, 1836, No. 72. Lord Gleiiui);, 9tli Nov. lS3(i, No. 10. Sir F. B. Head, 6lh July 1837, No."l3. Lord Gleiielg, 5ih April 1837. No. 138. (No. 11.) No. 53. I Copy of a Despatch from Lord Gi.enei.g to Major General Sir G. Arthur, k. c. h. Sir, Downing Street, 30th December 1837. It is necessary tliat on your Arrival in U])pcr Canada you should be pre- ared with derinitc Instructions for your Guidance, in reference to tlie Case of Mr. George Ridout, to which the Correspondence enumerated in the Margin has given an accidental but gra\ e Importance. If the State of the Canadian Province at present, had been substantially the same as wlien Mr. Ridont's Aj)po il against his Removal from Office was dis- cussed, between Sir ¥. Head and myself, I should be prepared to abide, without any Qualification, by the Instructions wiiicii I addressed to your Predecessor on the Subject ; but when I advert to the Fact that One of the Districts of the Lower Province is the Scene of an open Insurrection, I at once acknow- ledge that tlie Crisis may demand and justify the Postponement of almost any private and individual Claim, the Discussion of which might endanger the public Safety. 1 refer, therefore, imphcitly to your own Judgment, guided by the Information which will reach you on your Arrival iu Upper Canada, the Question whetiier any Conmumication shall or siiall not then take place with Mr. Ridout, on the Subject of liis unanswered Appeal from your Predecessor to His late ^Majesty ; and I authorize you to decline for the present any Com- munication with him respecting it, if you shall find Cause to conclude that the Efl'ect would be to give to a particular Party a liazardous Triumph, or to raise a popular Misconception, dangerous to the public Tranquillity ; in that Event you will defer any Notice of his Case until the Danger siiall have passed awajf. But if, on the otlier hand, you should be satisfied that the Revival of the Dis- cussion would be unattended with any such Risk, you will inform Mr. Ridout that his Appeal reached me, but that Circumstances into whicli you decline to enter had unavoidably postponed until now, my Answer to it. You will then transmit to him a Statement of the Grounds on which the Executive Council dissuaded his Restoration to Office, and will apprise him, that before I can express a final Opinion, I shall be ready to receive and consider any Answer which he may think proper to make to the Charges so preferred against him. I have, &c. (Signed) Glekelg. No. 54, Lord Glenelg to SirG. Arthur, 30th Jan. 1 838. .jjL No. 54. (No. 16.) Copy of a Despatch from Lord Glexelg to Major General Sir G. Arthur, k. c, h. Sir, Downing Street, 30th January 1838, I HAVE received, and have laid before '' j Queen, Sir F. Head's Despatch of the 19th December last, No. 132., reporting the recent E.^nts which up to that Date had occurred in the Province of Upper Canada. Her Majesty has learned, with the deepest Regret, that at a Moment of profound Tranquillity, and in the Absence even of any plausible Pretext for Resistance to lawful Authority, an Attempt should have been made to effect an insurrectionary Movement, and to attack the loyal and peaceable Inhabitants of the City of loronto. Her Majestj^, however, has observed with peculiar Satisfaction tiic Zeal and Enthusiasm with which the Militia of the Province came forward, unsupported by the Presence of any of Her Majesty's reguL- Troops, for the Suppression of Revolt, the Protection of Property, and the Dereat of the interested Designs of a few disaffected Individuals, Highly as Sir F, Head had estimated the Attachincnt of the People of Upper Canada to Great Britain, it is evident that he had not overrated their Sentiments in this respect, but that he was fully jr.stified in placing the strongest Reliance in their Fidelity and Lo}alty. The ON THE SUBJECT OF CANADA. 109 The Energy and Decision evinced by Sir F. Head and the Militia of Upper No. 54. Canada, after the first Appearance of open Disturbance, liave received Tli e ^"'"'^ Gleuelg Queen's high Coinmendatioii, and Her Majesty has been pleased especially to gj^. (j*A.rthur notice the Gallantry and Activity of Colonel Allan M'Nab, the Speaker of 3()ih jiin/isas. the House of Assembly. To that Officer, and to the Militia of Upper Canada _^.^___ generally, Her Majesty has commanded me to direct that you will communi- cate Her Thanks for the Zeal which they have displayed on this Occasion. The Queen has learned with deep Concern the Murder of Colonel Moodie, in his Endeavour to apprize the Executive Government of the Preparations which were in progress among the Insurgents. I am commanded to convey througii you, to (.'olonel Moodie's Family, the Expression of Her Majesty's Sympathy with their Loss. I trust that, with this Exception, the loyal Inhabitants of the Province have sustained little, if any. Loss in the Course of the recent Transactions. I shall however await with Anxiety, though with a full Confidence in the Means which the Province possessed ■"itliin itself of resisting any sudden Attack, the Report of further Proceeding., to which Reference is made in public Papers, of 1 Date subsequent to that of Sir F. Head's Despatch. I have adverted to this Subject in a Despatch to Sir J. Colbornc, with whom you will of course communicate without Reserve, as to the most effectual Means of defeating any Attempt at a hostile Aggression, on the Territory of Upper Canada. You are called on to enter on your Government at a Moment of such peculiar Difficulty, that the State of Excitement in which you will find the Province can scarcely fail to interrupt the ordinary Course of Business duiing the pre- sent Session of the Provincial Legislature ; I trust, however, that Order and Tranquillity will speedily have been restored, and that no material Obstacle will have been created to the Furtherance of those Objects of public Interest and Advantage, which it will be your earnest Endeavour, in concert with the Two Branches of the Provincial Legislature, to effect. I have, kc. (Signed) Glenelg. I'm ,1 1 J 111 '...J; •!' (; ,,1 ■,' No. 55. ^No.43.) Copy of a Despatch from Lord Glenelg to Major General Sir G. Arthur, k. c. h. Sir, Downing Street, IGthMarcIi 1838. I HAVE received Sir F. Head's Despatch, No. 11., of the 26th January. As he no longer occupies any official Station, I abstain from all Comment on that Despatch, except with reference to the only practical Question which is in- volved in it. I allude to the Case of Mr. Ridout, with respect to which, I think it my Duty to acquaint you, that I see no Reason to alter the Opinion which I have before fully expressed, or to qualify the Instructions which I have addressed to you, for your Guidance. I have, &c. (Signed) Glenelg. No. 55. Lord Glenelg to Sir G. Arthur, 16th March 1838. r No. 56. (No. 44.) ♦» Copy of a Despatch from Lord Glenelg to Major General Sir G. Arthur, k. c. h. Sir, Downing Street, 17th March 1838. I HAVE received Sir F. Head's Despatch No. 12., of the 30th .lanuary, reporting the Dispersion of the Americans who had taken part with the Insurgents on the Frontier of Upper Canada. Having already addressed to you such Instructions as I thought necessary, as to the Maintenance of the (41.) 3 Militia No. 56. Lord Glenslg to Sir G. Arthur, 1/th March 1838. 110 DESPATCHES FllOM LOUD GLENELG No. .Ifi. Lord Glenelg to Sir Ci. Ariliiir, 17tliMarcli 1838. Militia Force in tlie Province, I have only to express my Concuncnee in the Propric ty of tlic Course wliicli, under existing Circumstances, was adopted by Sir F. Head with reference to this Subject, more especially as the most recent Accounts indicate a S» '; of considerable Excitement upon the Frontier, against which every pro, '-ecaution should undoubtedly be taken. I cannot however omit to notice ti. rms in which Sir F. Head has expressed himself with respect to the Inhabiuii. ..< of the United States, a Country in amity with Great IJritain, aiul the Gj\ernment of which has evinced the most friendly Feelings towards this Country during the recent Disturbances. While the Attempts of individual Citizens of the United States, to aid the Cause of In- surrection and Rebellion in Canada, cannot be too strongly reprobated, Her IVIajesty's (lovernment deprecate any Countenance being given to a general I'eeling of Hatred and Detestation, among any Portion of the Subjects of the British Crown towards .Vmerica ; and I cainiot but regret that Language should have been used by the Lieutenant (Jovernor of Upper Canada, opposed to that Spirit of Amity and Gooilwill, whicii it is the earnest Desire of Her Majesty's Goverinuent to maintain towarils the Government and People of the United States, no less than towards those of any other Power maintaining friendly Kelations with this Country. I am confident, that while you will be promj)t to vindicate the Authority of the British Crown, anil to maintain the Integrity of the Province, you will not only abstain from any Conduct or Language calculated to inflame angry Passions or increase Excitement, but will by every Means in your Power cherish and diffuse, a better and more friendly Feeling, towards the neighbouring States. I have, &c. (Signed) Glenelg. No. 5". Lord Gleneler to Sir G. Arthur, 20tli April 1838. No. 57. (\o. 59.) ExTUACT of a Despatch from Lord Glexki.g to Major General Sir G. AuTiiUH, k. c. ii. Downing Street, 20tli April 1838. • I HAVE had the Honour to receive Sir F. Head's Despatch of the 14th of ^larch, No. 33., reporting the Defeat, by the Forces under the Command of Colonel John Maitland, of the Insurgents who had taken Possession of Point Pelc Island in Upper Canada. I bad previously received a Report of this Transaction from Lieutenant General Sir J. Colborne, and enjoyed the Satisfaction of conveying through him to Her Majesty's Troojis and to the Militia and Volunteer Corps engaged on that Occasion, Her Majesty's high Sense of their Loyalty, Zeal, and Gal- hmtry. I trust that Sir F. Head is correct in anticii)ating that after the signal Defeat that has attended the Insurgents on this and on every Occasion, when they have attcmjjted to invade the British Territory, no further Attacks of a like Nature will be made. given m m^ No. r,8. Lord GleiiL'lg, to Sir F. IJ. IK;ul, 25lli April ly;i8. No. 58. Copy of a Despatch from Lord Gleneeg to Sir F. B.IIead, Eart., h. c. k. •^'''» _ Downing Strcut, 2,)tli April 1838. I HAVE had the Honour to receive the Despatch which you addressed to me on the 23d January in tiie present Year, on tiie Subject of your j)ecuniary De- mands upon Her Majesty's Government. I regret to be obliged again to touch on that Subject ; but I cannot, injustice to myselt; avoid otl'ering some Obser- vations in reference to the View which )ou take of it. You observe that I am aware that you " acceptetl the Government of Upper Canada against your In- clination and against your Judgment." I must say that I cannot receive in Silence ON THE SUBJECT OF CANADA. Ill Silence such a Representation, especially when niailc the Basis of a jjecuniary Claim. I must beg to tlisavow any Knowledge whatever of the Fact, that in accepting vour late Office, you acted in oppo-^ition, eitiier to your Inclination or to vour Jiul"inent. Wlien 1 offered you tin ( loverninent of Upper Canada, we met as Strangers to eacii other. I had no Sort of personal Claim on you, and possessed neither the Power nor the Wish to bias your Judgment or to control your Inclination. You quote from my Desj)atch of the '2d of .March, No. '11., the following Passage, which you characterize as a " distinct Promise ;" namely, that " if after a sufficient Length of Observation it sliall be establislicd to your Satisfac- tion and my own, that your official Income is inadecpiate to the Demands to which vour Olfice reasonably subjects you, I shall think it my Duty, n( IS it occupies a during the last t to transmit to may be placed Sir F. Head, I of Assembly of you have been and Territorial be prospectively >um enjoyed by Two Years oubt that both of this Course, indemnify an lourabie Terms. this Proposal, nant Governor's Tiy Dispatch to re 111 it to Sir >er Canada, the lised to him in Office of Lieu- i •f ^t« I') •, iU ! » (41.) //- /• i ' '.I'll ■ ^k:li; :■■■:■ .Hi From Sir F. B. Head, Bart. ml (41.) P2 111 11 i'PT SCHEDULE. Copies of From Sir Francis Bond Head, Bart. No. No. No. No. Ho. No. No. No. No. No. 10.. No. 11.. No. IJ. No. 13. No. N • No. 15.- No. Ifi.. No. 17.- No. IN.. No. 19.- No. 20.- No. J I .- No. 22,. No. 2.3.. N.p. 24.- No. 2j.- No. 2G.. No. 27.- No. 28.. No. 29.- No. 30.- No.31.. No. 32.. No. 33.. No. 34. No. .'iS.- No. 3fi.- No. 37. —5 February 1836 — 5 February 1836 -15 February 1836 -15 February 1836 -23 February 1836 -29 February 1836 -21 March 1836 - -6 April 183C -21 April 1836 -27 April 1836 -28 April 1836 -4 May 1836 -N May 1836 ■8 May 183G •II May 1836 • M May 1836 - •IG May 1836 ■19 May 1830 ■28 May 1836 28 May 1836 30 May 1836 ■ 1 June 1836 ■22 .Tunc 1836 ■8 July 1836 ■16 July 1836 .23 ,luly IH36 ■27 July 1836 - ■29 July 1836 ;iO July 1836 20 August 183(> •12 September 1S3G •28 September 183G ■8 October 183(1 -13 October 1836 -28 October 183G •7 November 183^) -G November H3C PilgC 117 120 123 137 138 142 151 161 175 269 275 . 281 ib. 282 289 ib. 291 293 295 29 G 319 321 322 323 324 326 331 333 334 335 331 ib. ib. 345 351 353 No. 38.-- 23 November 1836 No. 39.— 14 December 1836 No. 40 30 December 1836 No. 41.— 13 January 1837 No. 42.— 4 February 1837 No. 43.— 4 February 1837 No. 44.— 6 February 1837 No. 45.— 4 March 1837 No. 46 4 March 1837 No. 47.— 5 April 1837 No. 48.— 30May 18;>/ No. 49.— 26 June 1837 No. 50.— 12 July 1837 No.51.— 20 July 1837 No. 52.— 29 August 1837 No. 53.— 10 September 1837 No. 54.— 1 1 September 1837 No. 55.— 15 September 1 837 No. 56.— 22 September 1837 No. 57.— 27 September 1837 No. 58.— 29 September 1837 No. 59.— 3 November 1837 No. GO.— 18 November I.S37 No. 61.— 19 December 1837 No. 62.-28 December 1837 No. G3.— 22 January 1838 No. 64.— 23 January 1838 No. 65. — 26 Jciuuary 1838 No. GG.— 30 January 1838 No. 67.— 9 February 1838 No. 68.— 21 February 1838 No. Gy G M.ircli 1838 No. 70 — G March 1S3H No.71.— 1 I March IS38 Nti. 72.— 17 .March IS3S No,73.— .'U March l83s Page - 357 - 358 - ib. - 362 - 363 - 366 - 376 - 381 - 382 - 389 - 394 - ib. - 395 - 403 - 404 - 407 - 421 - 422 - 426 - 427 - 428 - ib. - 430 - 435 - 439 - 45; - 45; - 458 - 465 - ib. - 470 - ib- - 476 . ib. . 177 • 178 (Xo.30 Copy of My Lor< Ik my Dcs on tlie 2.3d U Tliree Gentle but on my Ai to me by Iii.s . Government Invitation ; b being' de.siroiu lbouo;Iit it bet and I accordl was .sworn in Moniinfj; Sir j panied tor a fe vii'd witii eacl Cliaraeter and On Sir.lolm with the Outli tln' ^fen of n Ciiiet' .Justice Mr. M'Kenzic ■Speaker of th( As far as I ■ a piod Feeiini lentlyoeeupiei -mil ('(pialiy ili- 'i'liat J'arty ■^tronpjy in tin I'nivinee, addi (oiMitry li-oni i Hiding' togetlic ■>>enls the gene l)t'tbre said, naf turn from 'I'axi I'lat is good Jim by tiietious Dis 111 Jlngland I'less; but liit I'l'ess is iicre ( but slianiele.ssly of ^\'artll!•e is so nation of Vnhv, 'i>* ill Lower Cm to arrest. (I'l.) ( 117 ) CANADA. CoriES of or Extracts from Despatches on the Subject of Canada. From Sir F. B. Head, Bart. No. 1. (Xo.3.) Copy of a Despatch from Sir F. B. Head, k.c.h., to Lord Glenelg. My Lord, Government House, 5tli Februarj- 183f>. In my Despatch No. 2. I informed your Lordship that I arrived at Toronto on the 93d Ultimo. I liad previously engaged Apartments for myself and the Three Gentlemen who accompanied me at the principal Hotel m this City ; but on my Arrival a Letter from Sir Joini Colborne was immediately delivered to me by his Aide-de-camj), informing me that Rooms were prepared f<)r me at Government House. Requiring Rest and Quietness, I at first declined the Invitation ; but finding that Party Differences were running very iiigh, and Ijoiiig desirous to show that I had at least arrived with mibiassed Feelings, I llioiiglitit better to accept than to decline the Attention that was offered to me, and I accordingly went to Government House on Saturday. On Monday I was sworn in as Lieutenant Governor of this Province, and the following Morning Sir John Colborne and iiis Family left Toronto for JVIontreal, accom- panied for a few Miles by a vast Concourse of People, who, I was happy to see, vied with each other in testifying the Sense they entertained of his amiable Character and high moral Wortii. On Sir John Colhorne's Departure I endeavoured to make myself acquainted with t!ie Outline of public Feeling in the Province, by conversing cahnly with the Men of most Ability of all Parties. Iliad several Interviews with the Chief .Justice and the ()fHcers of the Crown, Two long Conx ersations with Mr, M'Ken/ie, Member lor York, Two Interviews with Mr. Bidwell, the Speaker of the House of Assembly, and with others. As far as I was capable of judging, it appeared to me that in general Terms H pood Feeling pervaded a Majority of the People of this Province, who, in- lently occupied in their various Locations, are naturally desirous to be tranquil, aiul ecpially disposed to be loyal. 'J'liat Party Feeling, however, and Struggle for Ollicc, wliieh have existed so stron^dy ill 'he Mother Country, have ])roduced similar Incitements in this IVovinee, added to which, strong Uepublicau Priucijjles have leaketl into the Country lioni the United States. These various Flements have long been cou- fiicling together in the House of Assend)ly, which, I finnly believe, misrepre- sents the general Feeling and Interests of the Inhabitants, who, as I have before said, naturally desire Peace, Traiujuillity, and a Continuance of I'^xemp- tion (ioin Taxation ; but, from the jieeuliar Stale of this infant Society, all tliat is good and estimable remains at the IJoltom, while the Surfiice is agitated by factious Discussions. In Fngland this Evil woidd soon be corrected by the FJ)uHiti()n of a free I'ress; but the greatest Diiliculty which seems to present itself is, that the I'ress is here conducted by Fdilors who, on all Sides, not oidy misrepresent, but ^llalnelessly fidsily all public Kvents. In Toronto, this unprincipled Mode of Wartiue is so well imderstood that it jn-oduces little Kvil ; but the Dissemi- nation of Falsehood throughout the remote Districts of the Provinee, as well asm Lower Canada, creates a moral Contagion which it seems almost impossible to arrest. (110 P3 As Sic Lor otii No. 1. I'. B. I lead to (1 CJIeneig, Feb. J8M(j. 11 118 DESPATCHES FROM SIR F. B. HEAD, Bart., No 1. S;r 1" \i. Head to Lord Cjlenelg, ruU Ffh. ISW. As far as I have been able to judge, I should say, that the Republican Party are implaca1)le ; that no Concession whatever would satisfy them ; their self. interested Object being to possess themselves of the Government of this Pro- vince for the Sake of Lucre and Emolument. Under these Circumstances I considered that the great Danger I had to avoid was the slightest Attempt to conciliate any Party ; and that the only Course for me to adoj)t was to act fearlessly, undisguisedly, and. straight-for- wardlj' for the Interests of the Country ; to throw myself on the good Sense uiul good Feeling of the People, and abide a Result which I firmly believe will eventually be triumphant. Having resolved on this Course, I verbally explained it to Mr. Bidwell, the Speaker of the House of Assembly, a Gentleman of unimpeachable moral Character, but of strong Republican Principles ; to Mr. M'Kenzie, one of the Members for York ; to the various Heads of Parties, and to the Members of the Executive Government; and on the 27th Ultimo I delivered to the Two Houses of the Legislature the following Speech : •' Honourable Gentlemen of the Legislative Council, and Gentlemen of of the House of Assembly, " As the Lieutenant Governor of this Province I am commanded by the King to lay before you the Answer His Majesty has been pleased to give to tlie several Addresses and Representations which proceeded from the Two Branches of the Legislature during your last Session. " This Communication I shall submit to you in a Message, which will at once inform you of the difficult and most important Duties about to devolve ujion me as well as upon yourselves. " As regards myself I have nothing either to promise or profess ; but I trust I shall not call in vain upon you to give me that loyal, constitutional, unbiassed, and fearless Assistance, which your King expects, and which the rising Interests of your Country require." The Newspapers I have forwarded contain the Addresses I received from the Legislative Council, and from the House of Assembly, to which Addresses I re])lied as follows : " HonouR'ble Gentlemen of the Legislative Council, " It is with much Satisfaction that I receive your Congratulations on my Assumption of the Government of this imporUmt Province, and I cordially jjarticijiate in the Sentiments of Gratiaule you express for the paternal Solicitude of our most gracious Sovereign." " j\Ir. Speaker, and Gentlemen of the House of Assembly, *' I thank you for the Address I have just had the Pleasure to receive from you ; I a})))reciate the Liberality with which you welcome my Arrival among you ; I am gratified to learn that you sincerely desire cordially to co-operate with nje in the arduous and important Duties which by Command of our revered Sovereign we are about impartially to perform, aui I look with Con- lidence towards the future for the Continuance of your loyal Support." namely, whether my Mcssiii; A great Difficulty iiow arose in my Mind should consist of my Instructions and Appendix as I received them, or whether 1 should condense them. I at first attempted the latter Course ; but in carrying it into effect, I foinul the Subjects so important, the Remedies to be ap])lied requiring so unavoidably the explanatory Argiunents ujion which they had been prescribed, that I lilt it was almost imjiossible for me to undertake correctly to translate them into other ^^■ords. I also considered, that as unexpected Difficulties had lately arisen in Lower Canada, and as the Press was at that Moment decrying " iho trembling (iovernment of (Jreat Britain," any Concession proceeding from mo might appear as if extorted by the Threats of the Day ; whereas I felt, that it my Instructions were given to both Houses exactly as I received them, tlitir Date would clearly show that they had no Reference whatever to the tunnil- tuous Proceedings of the Moment. 1 had also Reason to believe that the House of Assembly would not hf satisfied with any thing short of the precise Words of His Majesty's Govern- ment, inasmuch as Sir John Colborne had f()rnially aimounced to them, that on my Arrival the King's Answer to the Addi esses and Communications from both both House; them. I fel and Dissatis certainly ass( such a Cours would adopt, nothing less t ship to give t that the Sub: It is true, Gosford's In; the Commissi I was able, I Assembly we the Alteratioi Instructions wliich it was withhold) avo I also rem originally giv( of them to the was substitute explained to r had been cons to do so, your " them ofitt I have not Course I detc without the A For the Re structions and Message, head " The Lieu of Assembly) t of the Legislat " The Lieui nicatc the ' Su Parliament, bu the whole, he ;i " Governme ^jUth Jai I am well in the above Aless sive of these Se The House c but has merely violent Discussi (leterniine the i House. Whatever mi Course of Folic Party ; but, afb Judgment, do v lications for Land, all Disputes concerning Locations, all Ilcconi- mendatious for Office, all Apijlicatious f()r the Appointment or Removal ot Magistrates, &c. &c. &c., have been invariably addressed jjcrsonally, or by Peti- tion, to him : by him they have been referred to the different Departments of the State for a Report, which has ag;iin returned for his final Decision. AH Settlers arriving in the Country first personally appear before the Lieutenant (iovernor, Travellers from every Nation in Europe pay him their Respects, the Inliabitanis of Upper Canada feel it their loyal Duty occasionally to do so; and in proportion as the Population of the Province has increased, the Duties ira- posod upon the Lieutenant Governor have become so laborious, t!iat besitles the Time reciuired f()r replying to Letters anil f()r transacting Rusiness with his civil (improperly surnan)ed in England hia prioata) Secrettuy, Sir John Colhorne found it necessary publicly to announce that he was at Home durhig Pour Hoius a Day, for Pour Days in the Week, to receive personal Applications and Visits. Moreover, fl Glenelg. ;o, 5th ]'cb. 1836. to this Date, I lat unless I am [cans than I at y great Difiicul. s ConsidcratuMi, been adminis- 1 eople who have r Canada, never- larhigly brought ^ illy, and success- t the executive /iolent Remedy, her than to the ly instead of this •ince have nearly the Executive. Icr another sink nally attiiincd an ; we have now mplaints of the p, as my hiuiible impartially renie- hi hapi)y People; lised, the Lower Ijritish Navy, and ' which have no less Disposition, ;ally calmed, the as hitherto been Lted His Majesty betail.s of every |ons, all Rocoin- or Removal ot [uilly, or by Pcti- Departments of 1 Decision. AH the l.ieutenant [■ir Respects, the Uy to ilo so •, and [, the Duties im- J tliat besides the lusiness with his Ir JohnColhornc |ne during Four Applications and Moreover, ON THE SUBJECT OF CANADA. 121 Moreover, Sir John Colborne thought it adviseable to give Two large public Dinners a Week, besides public Dinners to each Branch of the Legislature, and besides "at Home" ' arties, to which the Officers of the Crown, Army, Members of both Houses of Parliament, and in fact all People wlio were " above the Rank of retail Shopkeepers," were invited. To keep up the Establishment requisite for this toilsome Hospitality, Sir. John Colborne found it necessary to keep Fourteen in-door Servants besides Helpers ; his House required Twenty-two Fires ; and although Provisions in this Coimtry are cheaper than in England, yet he found it impossible to resist tiie Imjjosi- tions wiiich the Tradespeople here fancy they have a Right to levy on every thing required for Government House. The Expenses and the Demands on the Lieutenant Governor for private Charity have, I understand, exceeded for the last Three Years his Salary. With respect to the Civil Secretary, Lieutenant Colonel Rowan, ins Duties were so heavy, that not only was he obliged to devote his Days as well as his Evenings to Business, but, although assisted by Three Clerks, he found it necessary to decline entering into any Society at all. I am quite certain that His ^Majesty's Government is unacquaintetl with these Detiiils, but I have felt it necessary to relate them, in order to show your Lordship, as I now propose to do, — IIL The inadequate Means whicii I possess. I need hardly commence by observing to your Lordship, that, in general Tcims, the Influence of the Individual who in a Monarchical Government has the Honour to represent His Majesty, ought to increase with the Wealth and Population of the Province he governs, and that if Governor after Governor hiis practically found his Influence insufficient, a Successor must be yoiuig and careless of his own Character to undertake the Situation with diminished Means. Your Lordship will be sensible that in the Reform which I am ordered to establish, I have novel Duties to perform of a very unpopular Natiue. I iiave to revise and reduce (if necessary) all Salaries ; I have to purify the Influence of the Legislative Assembly, as also that of the Executive Council ; and the more fearlessly I establish domestic Peace and Tranquillity, the more I shall offend that implacable Republican Party, who have fimcied they had almost succeeded in obtaining the rebellious Object they have had in view. Now it unfortunately ha])pens that my Writings, which have made me slightly known to my own Country, have never been reprinted in this Country. I tlierefore leave you to judge what my present Situation is, when compared with that of my Predecessors, whose superior Power and Influence have never- theless hitherto proved insufficient. For instance, instead of being a Major General, like Sir Peregrine Maitland or Sir John Colborne, with the Army at their Command, I am simply a Major, totally divested of the Direction of the Troops, with a N nnber of Ofticers in the Province superior to me in Military Rank, among whom are the following: Lieut. Col. Horton, Fifteenth Regiment, Commanilant ; Lieut. Col. Foster, Assistant Adjutant General ; Col. Coffin, Adjutant General of Mihtia; Col. O'Hara, Assistant Adjvitant General of Militia ; Col. Wells, Member of Executive Council ; Col. Adamson, Legislative Council ; Col. Givins, Chief Superintendent of Indian Department ; Lieut. Gen. Murray ; Rear Admiral Vansittart ; Col. Cameron ; (^ol. Moodie ; Col. Light; Col. Delatre ; with many others. In point of Income or Means of influential Hospitality I receive 3,0UU/. a Year, with about 300/. a Y'ear for Fines, my Military Pay being forfeited ; whereas n)y Predecessors for the last Fifteen Years, besides the above Sums, received, I believe, for Military Allov\'unces of various Sorts, Sir Peregrine Maitland, '2,100/. - - -\ a,,,,,, Sir John Colborne (including his Regiment) 1,500/. - / 1'^' ^""^""• (*1.) Q Your No. 2. Sir V. B. Heail to Lord Glcnelff, 5th Feb, IS'Mi. i'-rn it ;i J I T'l. * ; i::( ' ii) !iii: " ' 188 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 2. Sir F. 13. Head to Lord Glt'nelj;, 5th Feb. 183G. Your Lordship is aware that Lieutenant Halkett wa.s permitted hy the Secretary of War to accompany me here as Aidedc-camj), but tiiut atler he iiail embarked, and had actually paid his Passage Money, an Order from the Horse Guards declared he was not to be allowed to be placed on my Staff. He is now acting for me as Aide-de-camp gratuitously, and for upwards of Four Hours a Day is employed in receiving and introducing (as Sir John Colborne's Aide-de-camp did) numerous Visitors, wlio I have no Hesitation in saying would be ort'ended at being received in the Waiting lloom by any Person but a Gentleman. Lieutenant Halkett has also complete Cliarge of my Servants and House Establishment (to which I have no Time wiiatever to attend), and yet I am to be deprived of his Services ! My Lord, in all the Travels I have made, and even in my Duties as Assistant Poor Law Commissioner, I have never permitted a Servant to attend me, on the Principle that I felt a Pleasure in fciking care of myself; but when seated on the Throne I require, like Sir John Colborne and his Predecessors, to be supported at least by an Aide-de-camp on one Side and by the Civil Secretary on the other. On Thursday last the whole of the Members of the House of Assembly, as well as the Members of the Legislative Council, according to Custom, formally waited upon me at (iovernnient House ; and if, wearing the Uniform of the Lieutenant Govenior of this Province, and seated, as I am obliged to be on such Occasions, with my Hat on, 1 am not only to receive these People, but to usher them into the Room and out of it ; — if at Dinner I am not only to perform towards my Guests the Honours of my Station, biit am laboriously to carve for them all ; — if I am personally to attend to all the Minutiae of my Household, I practically feel, what I most earnestly repeated to your Lordship in the lew hurried Interviews I had the Honour to hold with you before I left England, that I have more to do than One Pair of Hands can possibly perform. As tar as regards the real and important Duties of ni} Station, I declare to your Lordship that 1 am not atiaid of them ; that I am not unwilling to untlcr- take them ; and that I would scorn to say so if I thought I should fail. I am not altogether a Stranger to the DifKculties I have to contend with ; for the Prejudices, the Unpopularity, and the self-interested Opposition I must meet with here, cannot, I submit, be greater than what I had to contend with in at first carrying the Poor Law Amendment Act into effect. I will trouble your Lordslup no longer in stating the positive as well as the comparative Uisadvantiiges under which I am placed, as I ciumot but believe they are self evident, but will conclude by respectfully submitting to yonr Lordship the Three following Requests : — 1. That in order to elevate me to the Level of the high and important Civil Station which I hold here, your Lordship would be pleased to recommend me to His Majesty for the Rank of Baronet, it being considered that in order to undertake my present Station I instantly gave up a permanent Situation in my own Climate of 1,000/. a Year, being at the Time, out of Twenty, the senior Assistant Poor Law Connnissioner, and consequently next in succession to the Chief Commissioner, whose Income is 2,000/. a Year. 2d. That an Allowance for Table Expenses should be granted to me, the Hospitality for which it would be applied being for the Public Service, and in no Way for my own domestic Happiness or Comfort; and that this Allowance be granted to me from England, as it would be imjjossible for me to recommend an Increase of my own Salary out of the Funds of this Province, while I am ordered to make every possible Reduction in tiie Salaries of others. 3. That Lieutenant Halkett, whose Manners and Conduct sire of tlic mc:;t ini])ortant Service to me, should be allowed l- remain with me as Aide-dc- eanip, or any other Description of Militiny Assistant. I have the Honour, &c. The Right Hoi Tiie Right Hon. Lord Glenelg, &c. &c. &c. F. B. Head. i-1. ON THE SUBJECT OF CANADA. 123 tteil by the It tliut after 1 Order from : |)laced on isly, and for :ioducmg (as ) I have no aitiiig Room ipletc Cliarge me vliatever 3 as Assistant ttend me, on when seated lessors, to be ivil Secretary the House of according to , wearing the ited, as I am nly to receive f at Dinner I ^ Station, but lul to all the estly repeated r to hold with of Hands can 11, I declare to lling to mulcr- ild tail. I am with ; for tin I must meet nd with in at as well as the It but believe jilting to your nportant Civil Icommend me It in order to ituatioii in my jty, the senior ;ession to the Id to me, the lervice, and in Jiis Allowance to recommend [e, while I am Is. of tlic ir.Gst Ic as Aide-de- l&c. B. Head. . ■ No. 3. (No. 5.) Copy of a Despatch from Sir F. B. Head, K.C. H., to Lord Glenelg. My Lord, Government House, Toronto, l.'Sth February 1S36. I HAVE the Honour to enclose to your Lordship an Address which I have received from the House of Assembly. Yo!ir Lordship will jjerceive that it was moved by Mr. M'Kenzie, with the Object publicly to extract from me my Opinions on various Subjects which have long been violently agiuitcd in the House by himself and others ; and that, in order to give unusual Publicity to the Address, Two thousand Copies of it have been ordered by the House to be printed ; besides which it has been published in most of the Newspapers. As the Document will speak for itself I will only observe, that, besides re- quiring my Opinions, it prays for Copies of various Despatches, which, under ordinary Circumstances, I should certainly have felt it my Duty to withhold ; but as, under the Excitement of the Moment, I am desirous at once to avow the Policy which, under your Lordship's Directions, I have determined to adopt ; and as it fortunately happens that no one of the Documents requested are objectionable to publish, I conceive it better to comply with the Prayer of the Address, tlian to appear, as I might have done, to avoid it. I accordingly submit to your Lordship my Answer to this Address, which you will perceive is written to meet the Object to which I well know it is intended to be aj)plied, namely, to be circulated throughout the Canadas. I can assure your Lordship that I have had very satisfactory and amicable Conversations with a Number of Individuals of all Parties ; and the more I reflect upon what I have heard and observed, the more convinced I am that the Population of Upper Canada will eventually rally round this Government, if it firmly and decidedly declare that it is determined to maintain the Constitution inviolate, but to correct cautiously yet effectually all real Grievances. As long as People in the remote Districts are allowed to believe that the Government of this Province feels itself insecure, so long will they be dis[)0sed to attach themselves to whatever they are led to conceive has Stability and Strength ; but if their own Interests be appealed to ; if they find that we are anxious to infuse among them Capital and Population (both of which they ardently desire) ; and that nothing but Dissension prevents it, they will, I fi-mly believe, very quickly correct for themselves the greatest of all their Griev..nces, namely, a factious Opposition to the British Government. My Attention since my Arrival here has been much occupied in searching for Two or Three Individuals fit to be added to the Executive Council, which will probably be the Subject of my next Despatch. I have the Honour to be, &c. The Right Hon. Lord Glenelg. F. B. IIeau. &c. &c. &c. I enclose a Copy of an Address I received on the 10th instant from tlic Mayor and Corporation of Toronto, with my Reply thereto. First Enclosure in No. 3. No. 3. Sir F. B. Head to Lord Glenelg, 15th Feb. 18;W. PiiocEEDiNfjs had in the Commons House of Assembly, on the Subject of an Aildrcss to His Excellency Sir F. B. Head, for certain Information on the Affiiirs of the Colony. Wednesdmf, 3d K bruart/ 183G. Mr. Mackenzie, seconded by Mr. Morri- son, moves — That an humble Address be presented to His Excellency the Lieutenant Governor, praj^ing His Excellency to transmit to this House Copy of the Corresj)ondence desired to be obtained by its Address to His Excellency Sir John Colborne, dated the 19th of January 1835, relative to the Removal of the late Attorney and Solicitor General, the Appointment of the present Attorney General, and the Re-appointment of the Solicitor General, and con- cerning the several Expulsions of a Member of this House in the last Parlia- ment (U.) Q 2 Also ' i i' ■iil End OS lire No. 1. ''rn.^ 124 DESPATCHES FROM SIR F. B. HEAD, Bakt., No. 3. Sir F. B. Head tu Lord filenclg, l^th Veb. 18;i(i. Knilosure No. 1 Also any Despatches tliat would serve to explain to this House the apparent Contradiction between the Royal Instructions relative to tlie Dismissal or Resignation of Public Officers when they cease to give a conscientious Support to the Measures of the Government, and tiie Continuance in Office of Mr. Hagerman, notwithstanding his unqualified Opposition to many bene- ficial Measures recommended by the Earl of Ripon, as it is set forth in the Seventh Report of the Committee on Grievances. His Excellency will also j)crceive, on reference to our Journals of the 9th Day of February 18.'33, that tlie Solicitor General opposed an Address to His Majesty, " thanking Him for the prompt Attention that He had been most graciously pleased to pay to the Representations and Petitions, not only of His faithful Commons, but also of His Majesty's faithful and loyal People in this Province; and to express to His Majesty our sincere Gratitude for the many valuable Measures that His Majesty had been most graciously pleased to suggest and recommend to the Goxernnient of this Province, which are eminently calculated, if acted u])on, to render His Majesty's Subjects in this Province more hap])y and contented," ami which are contained in the Despatch sent down by Alessage on the lyth January 1833, which Despatch His Excellency is called upon to carry into effect. Mr. Haaernian projtosed a Measure of a very different Character, in the Form of an Address to His Excellency Sir John Colborne, to prevent a Vote of Tluniks to His Majesty, and his Amendment was never carried through the usual Stages, ^\'e do not doubt but that Mr. Hagerman's Oppo-sition to the Measures projjosed by his Sovereign was conscientious, but we cannot per- siiade oiuselves that he would very sincerely co-operate in effecting the Reforms he so much deprecates. Rc(iuesting His Excellency's Attention to the Third Report of the Committee of Finance of last Session, on the Defalcation of Mr. Hagerman, and the Pro- ceedings of Mr. Inspector General Markland thereon ; and that Information may be laid before the House what Steps have been taken by the Government on tliat Report (Copy of which is transmitted herewith). Also, Copy of the Despatches of His Excellency Sii- .John Colborne to the Secretary for the Colonies, dated the l'2th and Kith of Se])tember last, the latter containing His Excellency's Observations on some of the Topics embraced in the aforesaid Report on Grievances, and which have happily engaged the paternal Attention of our most Gracious Sovereign. Also, Copy of any Communications from the Colonial Office relative to the Address of this House accompanying a Report and Evidence from the Committee on (ilrievances on the Complaint of William Fonsyth, late Proprietor of tiie Niagara Falls Hotel. Aiui, Copy of all those Communications from the Colonial Office on IMatters of j)ublic or general Interest to the Inhabitants of this Province, addressed to His Excellency's Predecessor in the Administration of the (lovernment since the Period of the General Election of Members to serve in the present Hoii.se of Assembly, and referred to in the Desjiatch of the Secretary of State sent down to this House on Saturday last, as being for His Excellency's Guidance and Instruction. 15y tlie Statute of the United Kingdom Parliament commonly called the Coiisiitiilional Act, the Executive Council is appointed ex])res.sly to advise the lieutenant Governor upon the Affairs of the Province, and a ])ermanent Pro- vision was made by Law, on the Request of the(iovernment, for the Paymcntof annual Salaries to Five Executive C-ouncillors. The Ilou.se is desirous to know the Names of the Persons who comj)ose His Excellency's Executive Council, with the Date at which they were sworn into Office, and whether they are considered by His Excellency as ap])(iinted in conformity with the Spint of the Royal Instructions, from among that Class of His Majesty's Subjects who have given a conscientious Support to those Measures of the (iovernment which are enumerated in the Despatch of the Earl of Ripon of the 8th November 183'2. Although fully convinced that His Excellency sincerely desires to co-operate with tliis House in the arduous and important Duties which, by the Commanil of our revered Sovereign, we are called to j)erform, we feel assured, that unless His l*>xcellency takes into his Councils Men in whose Loyalty, Patrioti.sm, and Discretion His Excellency and this House can place mutual Confidence, the Ref()rnis sought for by the People, and which it is the anxiousWish of His Majesty to accomplish, will not be likely to be brought to an early and happy Termination. In ON THE SUBJECT OF CANADA. 1S5 In reply to the Representations of this House to His Majesty, an;ainst tiic Constitution and Composition of the Legislative Council, the Despatch of Lord Gieneig refers with Approbation to the llejjort of the Conimitt<'e of the House of Commons in 18'28. We cannot easily reconcile the Principles ad(»pte(l in that Report and Despatch with the recent Appointnient of William Morris, l..'.<|uire, to a kSeat in the Legislative Council. Mr. Morris was jj nerally to be fijuiid in tlie Minority referred to by his Lordship when he was a Mend)( r of this House during the last .Session ; and our Journals of 'J4th of January i "43,3 show that, so fiir from being attached to those lletbrms, to the Progress of \> iiich the Legis- lative Council are so great an Obstacle, he moved in this House ;in.' Resolutions to insult our most (iracious Sovereign anil Lord Ripon his Minister, by sending hack to the Colonial Office the Despatch of the 8th of November 18J'J, to the Instructions contained in which the King continues to adhere. We are anxious to obtain Copies of my Commiuiications between the Colo- nial OtKce and the Lieutenant Governor relating to this Addition to the Numbers of the Legislative Council, a Measure not likely to lessen theunhap])y Differences which exist between the Two Houses, One Result of which in the present Session we greatly deplore, because it involves the continued Distian- cliisement of the Electors of a large and populous County, the Interests of which, and of the Province as therewith connected, are neglected and injured, because the Council neglects or declines to sanction a Law which woiilil atf()rd those Sateguards to the Electors which in Times of unusual Excitement they stand in need, as is shown by the Resolutions of special Connnittees of this House, acting upon Oath in a judicial Capacity. We are also desirous to obtain Copies of any other Corresj)ondence between the Colonial Office and the Colo- nial Government concerning the Nomination or Appointment of any other Persons to the Legislative Council, and of the Answers made by them, if any, to Notifications that such Appointments had been made. On the I5tli of April last a Resolution was reported to the House from the Committee on Finance, which the House adoj)tetl as containing their \'iews on the important Question of the A])propriation of the Proceeds of the natural Resources of the Country by the Legislature, and especially remonstrating against the Charter ami improvident Grants to the Canada Company, which have proved, and are likely to continue to prove, very injurious to the Country. This Resolution was opj)osed by Mr. Morris, whose Elevation to the Council we have already adverted to, but agreed to by a large Majority, aiil sent up to His Excellency Sir John Colborne, to be by him transmitted to His Majesty. As there aie several imjjortant 'lopics contained in that Resolution on which the Despatch sent down on Saturtlay last is silent, or not very explicit, we would glailly receive any Connn mications of the Royal Pleasure with respect to these Matters, which His Excellency may think tit to transmit to the House. The Office of .Speaker of the Legislative Council is held, during the Pleasure of the Executive, by tl)e present Chief Justice of the Province, who not only sanctionetl the extraordinary and unusual Address and Proceedings of the Legislative Coimcil in the Matter of Lord Ripon's Despatch reconnnending Measures of Reform, but is generally understood to have been the Author of that Adtlress, to which the Seventh Report of the Committee of CJrievances has a special Reference. Entertaining the political Sentiments he has avowed, in opposition to the beneficial Declarations of the Government, it appears to us at variance with the Principles avowed by His Majesty that Mr. Robin.wn should continue to hold this Office; and this House would consider the Admi- nistration of Justice as less liable to injurious Sus})icions, if the Judges were to cease to interfere in the jjolitical Disputes of the Day, and confine themselves to their aj)j)ropviate Sphere, which is the early and equal Administration of the Laws. His Majesty was very graciously pleased, in conformity with the Petitions of the People, to intimate to the Rishop of Regiopolis and the Archdeacon of York, several Years ago. His Royal Desire that they would resign their Seats in the Councils, and devote their Time to their high Spiritual Functions as Ministers of Religion ; notwithstanding which they have since continued to mix themselves up with the sicular Concerns of the Colony by attending in the Legislative Council as Members of that House. We trust that Your Excellency, in fulfilment of the benevolent Wishes of the King, will take such Steps to carry into effect the Royal Instructions as may enable the Bishot) and (•H.) Q 3 the No.rf Sir F. B. itfiid to Lord GK.iflg, 15tti Feb. 1830. Enclosurp No. 1. * - ..I i i h 1 ' '■■ j . 11 1 ,1 f ■ii El.. 126 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 3. bir F. B. Head to Lord Glcneig, l.jtii Feb. 1836. Knclosurc inNo.l the Arclulcacon to make their Election, cither of abandoning their political Labours in the Legislature, or of quitting all Claim to any Salaries, Pensions, or other Emoluments they now hold or enjoy during the Pleasure of the Government. And that the Thirty-first Rule of this House be suspended in so tar as it would affect this Motion. Mr. Macnab, seconded by Mr. Boulton, moves in Amendment, That tiie Question be now put, but that this Resolution be referred to a Connnittee of the whole House on Wednesday next ; and that it be the First Item on tlie Order of the Day for tliat Day. On which the Yeas and Nays were taken as follows : Yeas : Messrs. Boulton, Brown, Caldwell, Dunlop, Lewis, M'Crae, M'Donell (of Northumberland), M'Kay, M'Lean, Macnab, Malloch, Richardson, Roblin, Rykert, Small, Strange, Walsh, and Wilkinson. — 18. Nays : Messrs. Alway, Bruce, Chesser, Chisholm, Cook, Duncombe (of Nor- folk), Durand, (iibson, Gilchrist, Hopkins, Lount, M'Donell (of Stormont), Mackenzie, M'Micking, Moore, Morrison, Parke, Perry, Rymal, Shaver, Shibley, Thorburn, Waters, Wells, and Wilson. — (2.5. The (Question of Amendment was decided in the Negative by a Majority of Seven. Mr. Perry, seconded by Mr. Bruce, moves, That the Debate be adjourned until To-morrow, and that it be the First Thing on the Order of the Day. Which was carried, and the Debate was adjourned accordingly. TImrxday, 4tii Fehnmrij 1S3G. — Pursuant to the Order of the Day the Debate on Mr. Mackenzie's Motion for Address to His Excellency, qf Yesterday, was resinned. Mr. Perry, seconded by Mr. Roblin, move.'- in amendment, That after the Word "Office" in the First Page the whole be expunged, and t'le following inserted, " of Persons composing the Executive Council and h ■^• 'l Advisers of the (lovernment, notwitlistaniling their Opposition to many urgent and bene- ficial Measures of Reform, so often and loudly called for by a large Majority of the People of the Colony, and leconnnended by the Earl of Ripon, as set forth in liis Despatch of the 8th November 1832, which Opposition and utter Contempt of the Wishes of the People and the Reconmiendation of His Majesty's Government as aforesaid will more strikingly appear by Reference to the Journals, in regard to Proceedings had on the .said Despatch, which was sent down to both Houses by His Excellency Sir John Colborne, in compliance with the Instruction of the Earl of Ripon to make it public in Canada, by which Reference it will most distinctly appear that the above Descriptior; of Persons have not only op])osed the carrying into effect the said Reconmiendations, but offered the greatest Indignity to His Majesty and His Minister, by voting to send the naid Despatch back to His Excellency, in opposition to a Motion for printing and publishing it ; and on another Occasion opposed and prevented the Passage of an Address of Thanks to His Majesty for his prompt Attention, displayed in said Desj)atcli, to the Wishes and Interests of the People of the Colony, by moving another Address in amendment, of a censurable Character upon His Majesty's ^linister, for writing and transmitting tlie said Despatch, which Address was afterwards presented to His Excellency as the Address of the llousc, although never carried through its several Stages. Tliis House disclaim any Wish to ])revent any Member of either Branch of the Legislature from fully and fairly expressing his candid Opinion, and giving Iiis Vote according to the Dictates of his Conscience and Conceptions of Right and Wrong ; yet we cannot reconcile with the Principles of our Constitution the A))pointment and Continuance in Office of Persons, as Councillors and Advisers of the Government, who are known to stiuul opposed to the Wishes of the People and Recommendation of His Majesty, on great leading Measures of Reform, and who do not possess the Confidence of the People, and acquiesce in tlieir general political views and Policy, as expressed through their Repre- sentatives. " That by the Statute of the United Kingdom Parliament commonly called the Con.stitutional Act, the Executive Council is apjjointed expressly to advise tlie Lieutenant Governor upon the Affairs of the Province, and a permanent Provi.sion was made by Law out of the Revenues of the Country, at the Request ■7 of ON THE SUBJECT OF CANADA. 127 ? ,. t in so far as it No 3 Sir F. B. lleail to Lord Glenclg, 15th Feb. IS:16 of tlic Government, for the Payment of annual Salaries to Five Executive Councillors and Two legal Advisers ; and feeling assured that, unless those who arc called upon, from Time to Time, to counsel and advise the Lieutenant Governor on Matters of deep Interest and Concern to the Welfare and Peace of this Colony, are Men in whose Principles, Policy, and Integrity this Mouse, as well as His Excellency, can place full Confidence, the Reforms and Endosure No i. Iniprovenu'iits sought for by the People, and which appear fiom His Majesty's several Despatches to be His most anxious Desire to see accomplished, will not be brougiit to an early and ha|)i)y Termination ; therefore we most earnestly solicit His Excellency, as speedily as possible, to lay before this House a State- ment of the several Persons who compose His Excellency's Executive Council, and of his legal Advisers, with the Dates of their Appointments, and at which they were severally sworn into Office ; and that His Excellency will plea.se to inform this House, whether it is considered that their A))pointments and Continuance in Office are in strict Conformity with the Spirit of the Royal Instructions, and that they are taken from among that Class of His Majesty's Subjects who have given a conscientious Supjjort to those Measures of the Government which are enumerated in the Despatch of the Earl of Ripon as aforesaid. " That in reply to the Rej)re.sentations of this House to His Majesty against the Composition of the Legislative Council, the Despatch of Lord (Jlenelg refers wilii Approbation to the Report of the Conmiitteo of the House of Com- mons on Canadian Affiiirs in the Year 1828 ; and we cannot, by any possible Ingenuity, reconcile the Princijiles laid down in that Report and that Despatch witli tiiose acted upon in the recent Appointment to Seats in the Legislative Council, (if we may believe general Report,) inasmuch as all those said to be lately appointed to the said Council, who were Members of the last Parliament, (including the (Gentleman who has, during the present Session, already taken his Seat,) took a most conspicuous and prominent Part in the contemptuous Proceedings on the Earl of Ripon's Despatch, which a Reference to the Journals of tliis House will most amjjly show ; and all said to be so appointed have always l)cen understood to be violently opposed to the principal Measures of Imjjrovenient and Policy so long required by a large Majority of the People ; tliereby increasing, if possible, instead of diminishing, the great Obstacle to the Reform necessary to be accomplished in order to secure to the People of this Colony Peace, Ilappiness, and Pro.sperity, and the full Ihijoyment of their civil and religious Rights and Privileges. We therefore desire to obtain Co])ies of any Communications between the Colonial Office and the Government of this Colony relating to the late Appointments to the Legislative Council, or those of any other Persons whose Ajjpointments have not been acceded to or confirmed by the King ; and to bo informed who, among those lately a})pointed, have taken the Oath as Legislative Councillors, and who, if any among them, have declined accepting of the Ajjpointment, and requesti g His Excellency, as early as may be, to call upon any such as have been so appointed, either to accept the said Appointment, and take the necessary Oaths, &c., or to decline the same ; also setting forth that this House and the Country have long felt much aggrieved, not only by observing the Appointment of the Chief Justice to a Seat and the Speakership in the Legislative Council, which we consider highly improper and incompatible with the Office of Chief Justice, thereby affording just Grounds of Sus))icion and Complaint of the partial and impiue Administration of Justice, but have also had the Mortification to see the Bishop ofRegiopolis and the Archdeacon of York negUcting their high and spiritual Functions and Care of Souls, and clinging to their Seats in the Legislative Councd, and devoting their Time and Talents to political Strife and secular Concerns, hi direct Oppo.sition and contrary to the express Desire iuid Plea- sure of His Majesty, asset forth in the .said Despatch of Earl Ripon, and at the same Time permitted to hold and enjoy Offices of Emohiment and Profit. We therefore trust that your Excellency will take immediate Steps, in fulfilment of the gracious Wishes of the King, to carry into efiect his benevolent Inten- tions, and as tlesired by the great Body of the People of this Colony, by calling upon the said Bishop and Archdeacon, either to withdraw from the .said Legislative Council altogether, or resign their other Offices, and for ever quit all Claim to any other Salary, Pension, or other Emolument they now hold or enjoy during the Pleasure of the Government. (41.) Q 4 ■ • ■ «' That 1- ii ill ill 128 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 3. Sir F. B. Head to Lord Gieiieig, ISlh Feb. 1836. Knc'.osuru No. 1. " That His Excellency will lay before this House any other Information cr Instruction that he may have received (if any) from His Majesty's Governnicnt, beyond wiiat has already been sent to this House, relative to the Administra- tion of the (lovernmcnt, or in answer to a Resolution transmitted to His Ma- jcsty through His Excellency Sir John Colbornc, wliicii Resolution was reported to this House by the Finance Committee, and adopted by the House, as con- tainiiig the Views of the House on tiie important Question of the Appropria- tion of tiie Proceeds of the natural Resources of the Country by the Legislature, and strongly remonstrating against the Charter and improvident Sale to the Canada Company which has proved, and is likely to continue to prove, exceed- ingly injurious to the Province; and also. Copies of Answers to any other Resolutions or Addresses of this House transmitted to His Majesty by its Order, or Correspondence between His Majesty's Government and the Govern- ment of this Province on the same, especially relative to the Address reported by the Committee on Grievances, and adopted by this House, on the Coin- })laint of an Outrage on William Forsyth, la^e Proprietor of the Niagara Falls Hotels; also, a Copy of the Despatch of F is Excellency Sir John Colborne to the Secretary for the Colonies, dated 12tl' and I6tli of September last, the latter containing His Excellency's Observations on some of the Topics em- braced in the Seventh Report of the Committee on Grievances ; also. Copies of all other Commjnications between the Colonial Office and the Executive Government of this Province, on Matters of public or general Interest to the Inhabitants of this Province, since the Period of the general Election of Members to serve in the present House of Assembly, and referred to in the Despatch of the Secretary of State, sent down to this House on Saturday last, as being for His Excellency's Guidance and Instructions; also, requesting HLi Excellency to lay beibre this House a Stxitement of the Proceedings and Steps taken by the Government relative to a special Matter contained in the Third Report of the Committee on Finance of last Session, in reference to a Defal- cation of Monies by the late Collector of the Town of Kingston, which Defalcation had for several Years been reported, and appeared in the public Accounts, but which was omitted to be stated by the Inspector General in the last Accounts sent down to this House, without any Authority to do so from the Legislature." And that the 31st Rule of this House be dispensed with so far as relates to this Motion, and that Messrs. Roblin and Shaver be a Committee to draft and report said Address. On which the Yeas and Nays were taken as follows : — ' Yeas. — Messrs. Aiwa)', Bruce, Che.sser, Chisholm, Cook, Duncombe (of Norfolk,) Durand, Gibson, Ho])kins, Lount, M'Intosh, M'Micking, Moore, Morrison, Parke, Perry, Roblin, Rymal, Shaver, Shibley, Small, Thorburn, Waters, Wells, Woolverton, and Yager 2(5. Nays. — Messrs. Boulton, Caldwell, Cornwall, Dunlop, Lewis, M'Crae, M'Donell (of Northumberland), M'Kay, M'Lean, Malloch, Richardson, Robin- .son, Rykert, Strange, Walsh, and Wilkinson. IG. The Question of Amendment was carried in the Affirmative by a Majority of Ten. On the original Question, as amended, being jut, the Yeas and Nays were taken as follows : — Yeas. — Messrs, Alway, Bruce, Chesser, Chisiiolm, Cook, Duncombe (of Norfolk,) Durand, Gibson, Gilchrist, Hopkin.s, Lount, M'Intosh, Mackenzie, M'Micking, Moore, Morrison, Parke, Perry, Roblin, Rymal, Shaver, Shibley, Small, Thorburn, Waters, Wells, Wilson, Woolverton, and Yager. — 2d to His M;i. I was rei)ortL'cl oiise, as con- lie Aj)propria- le Legislature, t Sale to tlie )rove, exceed, to any other lajesty by its d the Govern- Jress reported on the Coin- Niagara Falls ohn Colborne mber last, the e Topics eni- ; also, Copies the Executive ntcrest to the 1 Election of red to in the Saturday last, equesting His ngs and Sicps in the Third e to a Detlil- igston, which in the public or General in irity to do so ON THE SUBJECT OF CANADA. 1^ That the Thirty-first Rule of this House be dispensed with so far as it relates to this Motion ; and that Messrs. Roblin and Shaver be a Committee to draft and report said Address. Friday, 5th February 1836. — Mr. Roblin, from the Committee to draft an Address to His Excellency the Lieutenant Governor, founded upon the Reso- lution of the House passecl Yesterday, presents a Draft, which was received and read Twice. On the Question for adopting the Address, — Mr. Solicitor General, seconded by Mr. M'Kay, moves in Amendment, that the Address be not now adopted, but that it be, — Resolved, That this House views with Gratitude and Cordiality the renewed Proof of His Majesty's paternal Solicitude for the Welfare of His loyal Subjects in this Province, evinced in the Despatch of the Right Honourable the Secre- tary of State for the Colonies, of the 5th of December last ; and that this House, actuated by an earnest Wish to co-operate with His Majesty in His gracious Desire to increase the Prosperity of this interesting and valuable Portion of His Domhiions, will exert itself to advance and maintain the Principles of Government set forth in the Despatch referred to, as also in that of the Right Honourable the Earl of Ripon, of the 8th November 1832, addressed to His Excellency Sir John Colborne ; and that fully impressed with the Convic- tion that an undeviating Adherence to the Spirit and Principles of those Despatches, in the Administration of the Public Affairs of this Province, will be viewed with Satisfaction by all Classes of His Majesty's Subjects in the Colony, and have the Effect of strengthening the Attachment now universally felt by them for His Royal Person and Government, this House earnestly hopes that His Majesty will forthwith banish from His Counsels all such Persons as shall attempt by any Means whatever, to counteract the beneficent and gi-acious Instructions laid down for the Guidance of His public Servants in this Pro- vince. On which the Yeas and Nays, being taken, were as follows : — Yeas. — Messrs. Boulton, Caldwell, Cornwall, Dunlop, Lewis, M'Donell (of Northumberland), M'Kay, M'Lean, Robhison, Rykert, Solicitor General, Strange, and Wilkinson. — 13. Nays. — Messrs. Alway, Bruce, Chesser, Chisholm, Cook, Duncombe (of Norfolk), Durand, Gibson, Gilchrist, Hopkins, Lount, M'Donell (of Stormont), M'Intosi), Mackenzie, M'Micking, Moore, Morrison, Parke, Perry, Roblin, Rynial, Sliavcr, Small, Thorburn, Walsh, Waters, Wells, Wilson, Woolverton, and Yager. — 30. The Question of Amendment was decided in the Negative by a Majority of 17. On tlie original Question, the Yeas and Nays, being taken, were as follows : — Yeas. — Messrs. Alway, Bruce, Chesser, Chisholm, Cook, Duncombe (of Norfolk), Durand, Gibson, Gilchrist, Hopkins, Lount, M'Donell (of Stormont), M'liitosh, Mackenzie, M'Micking, Moore, Morrison, Parke, Perry, Roblin, llyinal, Sliaver, Shibley, Small, Thorburn, Waters, Wells, Wilson, Woolverton, and Yager.— 30. Nays. — Messrs. Boulton, Caldwell, Cornwall, Dunlop, Lewis, M'Donell (of Northumberland), M'Kay, M'Lean, Malloch, 11 ichardson, Robinson, Rykert, .Strange, Walsh, and Wilkins-on. — 15. Tho Question was carried in the Affirmative by a Majority of 15, and the Address was read a Third Time. On the Question for passing the Address the Ye.is and Nays were taken, as follows ; — Yeas — Messrs. Alway, Bruce, Chesser, Chisholm, Duncombe (of Norfolk), Durand, (Jibson, Gilchrist, Hopkins, Lount, M'lntosh, Mackenzie, M'Mickhig, Moore, Morrison, Parke, I'erry, Rol)lin, Rymal, Shaver, Shibley, Small, Thor- burn, Waters, Wells, Wilson, Woolverton, and Yager.— '28. Nays.—Messrs. Boidton, Caldwell, Cornwall, M'Donell (of North umber- land), M'Kav, M'Lean, Malloch, Richardson, Robinson, Rykert, Strange, Walsh, and Wilkhison. — 13. (U.) li The No. 3. Sir F. B. Head to Lord GlenelfT. 15th Feb. 1836. Enclosure No. 1. k I \ , . ii il!il 130 DESPATCHES FROM SIR F, B. HEAD, Bart., No. ?. Sir F. n. Head til Lord Cilenelg, l/jtli I'eb. 183(). Ijicloiure No. 1. The Question was carried in the Affirmative by a Majority of 15, and the Address was signed by the Speaker, and is as follows : — To His Excellency Sir Francis Bond Head, Knight Cominander of the Royal Hanoverian Guclphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please Your Excellency : We, His Majesty's dutiful and loyal Subjects, the Commons of Upper Canada, in Provincial Parliament assembled, humbly pray your Excellency to transmit to us Copy of the Corresj)ondence desired to be obtained by our Address to His Excellency Sir John Colbornc, dated I'Jth January 1835, relative to the Removal of the late Attorney and Solicitor General, the Appointment of the present Attorney General, and the Re-ap])ointment of the Solicitor General, and concerning the several Expulsions of a Member of this House in the last Parliament. Also, any Despatches that would serve to explahi to this House the apparent Contradiction between the Royal Instructions relative to the Dismissal or Resignation of Public Officers when they cease to give a conscientious Support to the Measures of the Government, and the Continuance in Office of Persons composing t! e Executive Council, and legal Advisers of the Government, not- withstinding their Oj)position to many urgent and beneficial Measures ot Reform so often and loudly called for by a large Majority of the People of the Colony, and recommended by the Earl of Ripon, as set forth in his Despatch of the 8th November 1H3'2, which Opposition and utter Contempt of the Wishes of the Peo])le, and the Recommendation of His Majesty's Goverimient as aforesaid, will more strikingly ap))ear by Reference to the Journals in regard to Proceedings had on the said Des])atch, which was sent down to both Houses by His Excellency Sir John Colboriie, in compliance witl the Instruction of the E; 1 of Ripon, to make it ])ublic in Canada, by which Reference it will most dist.nctly appear tl.at the above Description of Persons have not only opposed the carrying into effect the said Recommendation, but offered the greatest Indignity to His Majesty and His Minister by voting to send the said Despatch back to His Excellency, in opposition to a Motion tor printing and publishing it ; and on another Occasion o|)posed and prevented the Passage of an Address of Thanks to His Aiajesty for His prompt Attention displayed in said Despatch to the Wishes and Interests of the People of the Colony, by moving another Address in Amendment of a censurable Character upon His Majesty's Minister for writing and transmitting the .said Despatch, which Address was afterwards j)resented to His Excellency as the Address of the House, although never carried through its several Stages. This House disclaim any Wish to prevent any Member of either Branch of the Legislature from fully and fairly expressing liis candid Opinion, and giving his Vote according to the Dictates of his Conscience and Conceptions of Right and Wrong, yet we camiot reconcile with the Principles of our ("onstitution the Appointment and Continuance in OfHce of Persons as Councillors and Advisers of the Government who are known to stand c})p()sed to the Wishes of the People and Recommendation of His ^Majesty on great leading Measures of Reform, and who do not possess the Confidence of the People, and acquiesce in their general political Views and Policy as exjjressed through their Jlepresentatives. That by the Statute of the Uniteil Kingdom Parliament called the Consti- tutional Act, the Executive Council '.a appointed exj)ressly to advise the Lieutenant Ciovernor upon the Aflairs of the Province, and a permanent Pro- vision was made by Law out of the Revenues of the Country, at tlu; ReqKCst of the Government, for the Payment of annual Salaries to Five Executive Coun- cillors and Two legal Advisers ; and as we feel assured that uidess those who are called upon, from Time to Time, to counsel and advise the Lieutenant Governor on Matters of deep Interest and Concern to the Welfare and Peace of tiiis Colony, are Men in whose Principles, Policy, ami Integrity this House as well as your Excellency can place full Confidence, the Reforms and Improvements sought for by the People, and which appear from I lis Majesty's several Despatches to be His most anxious Desire to see uccomplisheil, will not be brought enumerated of 15, and the m ON THE SUBJECT OF CANADA. 131 brought to an early and happy Termination ; therefore we most earnestly solicit your Excellency as speedily as possible to lay before this House a Statement of tiie several Persons who compose your Excellency's Executive Council and of your legal Advisers, with the Dates of their Appointments and at which they were severally sworn into Office ; and that your Excellency will please to inform this House whether it is considered that their Appointments and Continuance in Office are in strict Conformity with the Spirit of tiie Royal Instructions, and that tiiey are taken from among that Class of His Majesty's Subjects who have "•iven a conscientious Support to those Measures of the Government which are enumerated in the Despatch of the Earl of Ripon as aforesaid. That in reply to the Representations of this House to His Majesty, against the Composition of the Legislative Council the Despatch of Lord Glenelg refers with Approbation to the Report of the Committee of the House of Com- mons on Canada Affairs in the Year 1828, and we cannot, by any possible Ingenuity, reconcile the Principles laid down in that Report and that Despatch with those acted upon in the recent Appointment to Seats in the Legislative Council, ("if we may believe general Report,) inasmuch as all those said to be lately appointed to the said Council, who were Members of the last Parliament, (including the Gentleman who has during the present Session already taken his Seat,) took a most conspicuous and prominent Part in the contemptuous Proceedings on the Earl of Ripon's Despatch, which a Reference to the Journals of this House will most amply show ; and all said to be so appointed have always been understood to be violently opposed to the principal Measures of Improvement and Policy so long required by a large Majority of the Peoj)le, thereby increasing, if possible, instead of diminishing, the great Obstacle to the Reform necessary to be accomplished, in order to secure to the People of this Colony Peace, Happiness, and Prosperity, and the full Enjoyment of their civil and religious Rights and Privileges. We therefore desire to obtain Copies of any Communications between the Colonial Office and the Govern- ment of this Colony, relating to the late Appointments to the Legislative Council, or those of any other Persons whose Appointments have not been acceded to or confirmed by the King, and to be niformed who, among those lately appointed, have taken the Oath as Legislative Councillors, and who, if any, among them, have declined accepting of the Appointment ; and we request your Excellency, as early as may be, to call upon any such as have been so appointed, either to accept the said Appointment, and take the necessary Oath, &c. or to decline the same. We assure your Excellency that this House and tlie country have long felt much aggrieved, not only by observing the Appoint- ment of the Chief Justice to a Seat and the Speakership in the Legislative Council, which we consider highly improper and incompatible with the Office of Chief Justice, thereby affording just Grounds of Sus))icion and Complaint of the partial and impure Administration of Justice, but have also had the Mortification to see tlic Bishop of Regiopolis and the Archdeacon of York, neglecting their high and spiritual Functions and Care of Souls, and clinging to their Seats in the Legislative Council, and devoting their Time and Talents to political Strife and secular Measures, in direct Opposition and contrary to the express Desire and Pleasure of llis Majesty, as set forth in the said Despatch of Earl Ripon, and at the same Time permitted to iiold and enjoy Offices of Emolument and Profit. We therefore trust that your Excellency will take immediate Steps in fulfilment of the gracious Wishes of the King to caiTy into effect His benevolent Intentions, and, as desired by the great Body of the People of this Colony, by calling upon the said Bishop and Archdeacon either to withdraw from the Legislative Council altogether, or resign their other Offices, and for ever quit all Claim to any other Salary, Pension, or other Emolu- ment they now hold or enjoy during the Pleasure of the Government. We also request that your Excellency will lay before us any other Informa- tion or Instruction that you may have receiveil (if any) from llis Majesty's Government beyond what has already been sent to us relative to the Aiiminis- tration of the Government, or in answer to a Resolution transmitted to Hia Majesty, through His Excellency Sir John Colborne ; which Resolution was reported to this House by the Fhuuice Connnittee, and adopted by the House lis containing our Views on the important Question of the Apjiropriation of the ('11.) R '2 Proceeds No. 3. Sir V. n. Head to Loril Glciiclj;. Ijtli Feb. isiitj. Eiiclosiire No. I ii|^ , 'i li '. ■ 1 t I- 1;: 1 ii 132 DESPATCHES FROM SIR F, B. HEAD, Dart., No. 3. Sir F. H. Head to Lord Glenelg, irnh Feb. 183G. Enclosure No. 1. Proceeds of the natural Resources of the Country by the Legislature, and strongly remonstrating against the Charter and improvident Sale to the Canada Company, which has proved, and is likely to continue to prove, exceedingly injurious to the Province; and also. Copies of Answers to any other llesolu- tions or Addresses of this House transmitted to His Majesty by its Order ; or Correspondence between His Majesty's Government and the Government oi' this Province on the same ; especially relative to the Address reported by the Committee on Grievances and adopted by this House, on the Complaint of an Outrage on William Forsyth, late Proprietor of the Niagara Falls Hotels ; also a Copy of the Despatch of His Excellency Sir John Colborne to the Secre- tary for the Colonies, dated 12th and iGth of September last, the latter con- taining His Excellency's Observations on some of the Topics embraced in the Seventh Report of the Committee on Grievances ; also Copies of all other Communications between the Colonial Office and the Executive Government of this Province, on Matters of public or general Interest to the Inhabitants of this Province since the Period of the general Election of Members to serve in the present House of Assembly, and referred to in the Despatch of tlie Secre- tixry of State sent down to this House on Saturday last, as being for your Excellency's Guidance and Instructions. We also request your Excellency to lay before us a Statement of the Proceed- ings and Steps taken by the Government relative to a special Matter contained in the Third Report of the Committee on Finance of last Session, in reference to a Defalcation of Monies by the late Collector of the Town of Kingston, which Dedication had for several Years been reported and appeared in the public Accounts, but which was omitted to be stated by the Inspector General m the last Accounts sent down to this House, without any Authority to do so from the Legislature. Marshall S. Bidwell, Speaker. Commons House of Assembly, 5th February 1836» On Motion of Mr. Perry, seconded by Mr. Roblin, — Ordered, That Messrs. M'Micking and Chisholm be a T -mmittee, to wait on His Excellency, to know when he will be pleased to receive the Address, and to present the same. On Motion of Mr. Perry, seconded by Mr. Solicitor General, — Ordered, That besides the Journals, Two thousand Copies of the Address, together with the Amendments proposed, with the Yeas and Nays on the several Questions, be printed in Pamphlet Form for the Use of Members. I^iiclosine No. 2. 1 1 nn cniilaiiu'il in Second Inclosure in No. 3. Message from His Excellency Sir Francis Bond Head, Lieutenant Governor of Upper Canada, in answer to the Address of the House of Assembly of the 5th February 183G; with sundry Documents requested by the House in said Address. , , Message. F. B. Head. Tlie Lieutenant Governor transmits to the House of Assembly tiie following Answer to its Address of the 5th instant: It appears to the Lieutenant Governor that this Address contains, 1st, A Statement of the Opuiions of the House on various Subjects of high Importance to this Province. 2d, A Request that the Lieutenant Governor should himself g^ve the House certain Explanations. 3d, A Request that the Lieutenant Governor should transmit to the House Copies of certain Documents and Despatches, which are mentioned. 18 ' The .tlO'.* (Hit J.!'t..'i ;■(-. ■'■, , .,1' ;,,, ■ , 4 • I'M .,.1 , |i .,;i Tislatiire, and ,o the Canada cxceedinjfly utlier llesolii- its Order ; or overnment ot ported by the Tiplaint of an balls Hotels; to the Secre- le latter con. braced in the s of all other ! Government Inhabitants ot s to serve in of the Secre- your sing for 'the Proceed- tter contained I, in reference I of Kingston, peared in the ector General ithority to do 3lDWELL, Speaker. ittee, to wait the Address, the Address, SJays on tiie embers. Governor of Assembly of by the House tiie following itains, 1st, A \ Importance ve the House to the House 1. The 4 ON THE SUBJECT OF CANADA. las Certain Corrcspon- duucti sen! as duiiirvd. Another Despatch in Government Olfiee, but may nut 1)6 sent. Lieutenant Govormir explains. Retirement ofS*)!!- citor (leneral subse- quently reverseil. Correspondence ori Expulsions tran-i- niitted. Certain apparent (\)n- tradlclions rc(|uiri'd to bti explained. The Lieutenant Governor assures the House of Assembly, that every "'' '/"""•^"fy " i" . !• !■ Ill 111 • »• .• iii'i attentively eonsuler. Opinion stated m their Address siiali receive Jus attentive and deliberate Consideration. With respect to the Explanations, as also the Copies of the Documents and Desjiatches which the House of Assembly has recpiested from the Lieutenant Governor, he will now proceed to consider these Subjects, seriatim, in the Older in which they ippear in the Address. ^ 1st, The Lieutenant Governor transmits herewith to the House of Assembly, according to its Request, " A Copy of the Correspondence desired to be obtained by our Address to His Excellency Sir John Colborne, dated the 19tli of January 1835, relative to the Removal of the late Attorney General and Solicitor General, the Appointment of the present Attorney General, and tlie Re-appointment of the Solicitor General." The Lieutenant Governor informs the House of Assc.ioly, that there also exists in the Government Office one other Despatch on the above Subjects, marked " Confidential," and which he withholds from the House because it is not even left to his Discretion to impart it. The Lieutenant Governor, however, briefly explains to the Hov..,e of Assembly, that Lord Goderich's Ord.'" of the 8th of March 1833, for the Re- tirement of the Solicitor General, v.. is subsequently reversed by His Majesty's Government, in consequence of exculpatory Explanations which that Officer nude during his Visit to England. 2d, The Lieutenant Governor transmits herewith to the House of Assembly, according to its Request, " a Copy of the Correspondence concerning the several Expulsions of a Member of this House in the last Parliament." 3d, The House of Assembly r lest Copies of any Despatches " that would serve to explain to this He-use tiie apparent C'Mitradictions between the Royal Instructions relative to the Dismissal or Resignation of public Officers, when they cease to give a conscientious Support to the Measures of the Government, and the Continuance in Office of Persons composing the Executive Council, and legal Advisers of the Government, notwithsUmd- ing their Opposition to many urgent and beneficia Measures of Reform so often and loudly called for by a large Majority of the People of the Colony, and recommended by the Earl of Ripon, as set forth in his Despatch of the 8th November 1832, which Opposition and utter Contempt of the Wishes of the People and the Recommendation of His Majesty's Government as aforesaid will most strikingly appear by Reference to the Journals in regard to the Proceedings had on the said Despatch, which was sent down to both Houses by His Excellency Sir John Colborne, in compliance with the Instruction of the Earl of Ripon to make it public in Canada ; by which Reference it will most distinctly appear that the above Description of Persons have not only opposed the c'lying into effect the said Recommendation, but offered the greatest Indignity to His Majesty and His Ministers, by voting to send the said Despatch back to His Excellency, in opposition to a Motion for printing and l)ublishing it ; and on another Occasion opposed and prevented the Passage of an Address of Thanks to His Majesty for His prom))t Attention, displayed in said Despatch, to the Wishes and Interests of the People of the Colony, by moving another Address in amendment, of a censurable Character, upon Mis Majesty's Minister, for writing and transmitting the said Despatch ; which Address was afterwards presented to His Excellency as the Address of the House, idthough never carried through its several SUiges." In replv to the above Request, the Lieutenant Governor informs the House of Assembly that no Despatches exist in the Government Office affording the Kxplanation desired. 4tli, The Lieutenant Governor transmits herewith to the House of Assembly, according to its Request, " a Statement of the several Persons who comjiose Voiir Excellency's Executive Council and of your legal Advisers, with the Dates of their Appointments, and at which they were severally sworn into Office." 5th, The House of Assembly requests that Your Excellency will plcuse to inform this House whether it is considered tiiat tiieir Appointments and Con. (il.) R 3 tinuuncu Ni) Dcspnlelies nllurd- ing Explanation desired. The Lieutenant (hk vernoF trunsinits l.iils or the Kxeeuliva Council, and of tlir le^al Advisers ot tliu Cjovernor, Sic. The House riipiesls further Inrorniatlun rerpvcting these UUicvn. ■:' il .? t ill I'M 134 DESPATCHES FROM SIR F. B. HEAD, Baiit., The Appointment of the Kxccutive Council und Crown Officers the IVeroguiive of the Crown. Tlieir Resignation may be insisted on if opposed to the "Mca- mres of the Govern- ment. Tliis the Lieutenant CJoveriior feels hound to du, if ahsolutely necuwavy. And as these Officers were not dismissed Ijy his Predecessor, must infer that they acted in accortlance Willi Koyail nsiruetions. Despalcli of Lord Glenel^ refers wilh Approl'ation to the Keport of Conimis- missioners on Canada AirairsoflbJJ. .S^iid Report and Despaicii not recnn- cileal.ie with tlie lalo Appoiiitmellts to Legislative Council. The Persniis so appointed lieiiiir op- posed to tliL' I'rincipUs contuiiied therein and to the Wishes of a Majority ot ihe l*eople» tiiey tllerefore re(]uest Copies of the Corre- tipondence resjiecting the Appiiintment of those I'ersons. « Also to know if they liave taken llie Oaili, ^e., and rkijiiestiiii; they may lie called to do so or deeline the same. Lieutenant Governor not cotnpiK'nt to decide on tlie Conduct pursued liy his I'rede- cessor. These Ap|)"inttnenls the I'reicyativeof the Kill);, and althoiiKh not usiiidly done, hif) Eicelleney Irnimnitt Copio. of the Corre- spondence reipiested. The I'ersons recently «ppoinied liave been required to take tlit (Julll. tinuancc in Office are in strict Conformity with the Spirit of the Royal Instruc- tions, and that they are taken from among that Class of His Majesty's Subjects wlio have given a conscientious Sujjport to tliose Measures of the Government which are enumerated in the Desj)atch of the Earl of Ripon, as aforesaid. As the Appointment of the Individuals alluded to is the Prerogative of the Crown, the Lieutenant Governor cannot presume to offer to the House of As- sembly any Opinion on that Subject ; but with respect to the Question, whether their Continuance in Oflice is in strict Conformity witli the Spirit of the Royal Instructions contained in Lord Ripon's Despatch of the 8th of November 1832, the Lieutenant Governor conceives that the real Meaning of those Instructions was to arm the Lieutenant Governor of this Province with Power to require, and, if necessary, to insist on the Resignation of any or all Individuals holding official Situations who should openly or latently oppose the Measures of hi.s Government. The Lieutenant Governor will certainly not hesitate to avail himself of this Power, should he ever feel it his painful Duty to do so, but he considers it would not be a fruitful Application of his Time were he now retrospectively to attempt to determine whether these Individuals ever had or had not opposed any Measure of the Government of his Predecessor, who is responsible to His Majesty alone for his Decisions. He therefore feels he is bound, in ju.stice, to infer, that a.s his Predecessor did not see Occasion to dismiss these Offi'cers, their Continnance in Office uj) to the present Date is in strict Accordance with the Spirit of the Royal Instructions, which never required that these Gen- tlemen should inflict upon tliemselves the Penalty awarded in case they should opj)ose the Measures of the Government. (Jth, The House of Assembly state, " That in reply to the Representations of this House to His Majesty against the Composition of the Legislative Council, the Despatch of Lord Gleneig refers with Approbation to the Report of the Committee of the House of Commous on Canada Aflairs in the Year 18'28, and we cannot, by any possible Ingenuity, reconcile the Principles laid down in that Report and that Despatch with those acted upon in the recent Appointment to Seats in the Legislative Council, (if we may believe general Report,) inasmuch as all those saiil to be lately appointed to the said Council, who were Members of the last Parliament, (including the Gentleman who has during the present Session already taken his Seat,) took a most conspicuous and prominent Part in the contemptuous Proceedings on the Earl of Rijion's De- spatch, which a Reference to the Journals of this House will most amply show; and all said to be so appointed have always been understood to be violently opposed to the principal Measures of Improvement and Policy so long required by a large Majority of the People, thereby increasing, if possible, instead of diminishing, the great Obstacle to the Reform necessary to be accomplished, in order to secure to the People of this Colony Peace, Happiness, and Prosperity, and the full Enjoyment of their civil and religious Rights and Privileges. We therefore desire to obtain Copies of any Communications between the Colonial Office and the Government of this Colony relating to |the late Appointments to the Legislative Council, or those of any other Persons whose Appointments have not been acceded to or confirmed by the King ; and to be informed who among those lately appointed have taken the Oath as Legislative Councillors, and who, if any of them, have declined accepting of the Appointment; and we request your Excellency, as early as may be, to call upon any such as have been so a])j)oinleil, either to accept the said Appointment, and take the necessary Oath, &c., or to decline the same." As the Lieutenant (Governor is incompetent to judge of the Principles which regulated the Conduct of his respected Predecessor, it is totally out of iiis Power to attempt to reconcile to the House of Assembly the recent Apjiointments to the Legislative Council with the Report and Desjiatch alluded to by the House of Assembly. Hut although these Appointments are the Prerogative of His Majesty, and although the Recommeiufations from which they proceeded ought not to transpire, the Lieutenant (Jovernor nevertheless transmits to the House of Assembly, according to its Recpiest, "Copies of any Communications between the Colonial Office and the (iovernment of this Colony relating to the late Appointments to the Legislative Council, or those of any other Persons whose Appointments liave not been acceded to or confirmed by the King ;" and moreover the Lieutenant Governor informs the House, that those Gentlemen who ON THE SUBJECT OF CANADA. I3J loyal Instruc- sty's Subjects (jovcrnment Drcsaitl. igative of the House of As- ition, whether of the Royal vember 1832, e InstructionH ) require, anil, Juals holding easures of his bimself of this iiders it would ^ly to attempt opposed any (iisible to His d, in justice, these Officers, ;t Accordance lat these Gen- se they should epresentations lie Legislative to the Report s in the Year Principles laid in the recent elieve general said Council, ^man who has spicuous and Rij)on's Ue- ami)ly show ; be violently ong required e, instead of coniplished, in d Prosperity, "' 'ges. We n the Colonial )ointnients to Appointments informed who Councillors, nent; and we as have been the necessary mciples which of his Power pointmouts to by the House jgative of His )ceeded ought to the House tions between g to the late ersons whose King ;" and se Uenllemen who who have been lately appointed have been already required to take the Oath as Legislati\e Councillors. 7th, The House of Assembly states, *' We therefore trust that your Excel- lency will take immediate Steps, in fulfilment of the gracious Wishes of the King, to carry into effect His benevolent Intentions, as desired by the great Body of the People of this Colony, by calling upon the said Bishop (of Regio- nolis) and Archdeacon (of York) either to withdraw from the Legislative Council altogether, or resign their other Offices." The Lieutenant Governor is not aware that His Majesty has expressed any " Intentions" on the above Subject ; but Opinions have been very clearly expressed by Lord Ri|)on, in his Despatch of the Sth November 1882, to the full Extent and Meaning of which the Lieutenant Governor assvues the House he shall feel it his Duty strictly to attend. 8tli, The House of Assembly request, " that your Excellency will lay before us any other Information or Instructions that you may have received (if any) tiom His Majesty's Government beyond what has already been sent to us relative to the Administration of the Government." In reply to the above Request, the Lieutenant Governor feels it will be only necessary for him to remind the House of Assembly of the following Extract of the iilessage he connnunicated on the 30th Ultimo. " The Lieutenant Governor was commanded by His Majesty to communicate the " Substunce" of his nstructions to both Houses of the Provincial Parliament; but, considering it would be more satisfactory to them to receive the Whole, he accordingly transmits it herewith." 9th, The House of Assembly requests the Lieutenant Governor will transmit "any other Information or Instruction in answer to a Resolution transmitted to His Majesty, through His Excellency Sir John Colborne, which Resolution was reported to this House by the Finance Committee, and adopted by the House as containing our Views on the important Question of the Appropria- tion of the Proceeds of the natural Resources of the Country by the Legisla- ture, and strongly remonstrating against tjie Charter and im|)rovident Sale to the Canada Company, which has j)roved, and is likely to continue to prove, exceedingly injurious to the Province." In answer to the above Request, the Lieutenant Governor re-assures the House of Assembly that he has received from His Majesty's Government no otiier Information or Instructions on the Subject beyond what he has already communicated. lOtli, The Lieutenant Governor transmits herewith to the House of As- sembly, according to its Request, " Copies of Answers to any other Resolu- tions or Addresses of this House transmitted to His Majesty by its Order." 11th, The House of Assembly requests the Lieutenant Governor to transmit Copies " of Correspondence between His Majesty's Government and the Government of this Province, especially relative to the Address reported by the Committee o\\ (Jrievances, and adopted by this House, on the Complaint of an Outrage on William Forsyth, of the Niagara Falls Hotel." In reply to this Retpiest, the Lieutenant Governor informs the House of Assembly, that the Case of Mr. William Forsyth, with the Docutnents relating to it, are at this Moment under the Consiileration of His Majesty's (Jovern- nient; and that as soon as the Lieutenant Cxovernor receives His Majesty's filial Decision it shall immediately be communicated to the House. l'2tli, The Lieutenant Governor transmits to the House of Assembl)-, according to its Reipiest, "The Copy of the Despatch of His Excellency Sir John Colborne to the Secretary for the Colonies, dated the l'2th of September last." The Despatch dated the Kith, contiiining His Kxccllency's Observa- tions on some of the Topics embraced in the Seventh Rej)ort on (Jrievances, the Lieutenant Governor cannot transmit without the Sanction of the Secretary of State. iJth, The House of Assembly requests the Lieutenant Governor to transmit to die House " Copies of all other Communications between the Colonial Office and the Executive Government of this Province on Matters of public or general Interest to the Inhabitants of this Province since the Period of the General Election of Members to serve in the House of Assembly, and referred to in the Despatch of the Secretary of State sent down to this House on Saturday last, as being for vour Excellency's Guidance and Instruction." (41.) ' R 4 In The IIoiiso triist*? ]Ii« Kxct'lluiicy will eail ujwn tlic UiJio)! (of KjgIo|iolis) & the *Vic!iJeacoii(of York) to risipn eiUuT tht'ir Scats in Lffiislaiivo Couiicilorthcir Oflicc*!. The Lieut. Governor will act up to the Opiiiiuiis conlniticd in Lord Kipoii's Despatcli of bth November I83i?. The House requos's His Kxceliency to lii} before them any furthti Instructions he may have received. The LiL'Ut. Governor Imvini? het'ii com- mnndeil to coniniuni- c.Jte the Suhstniice, hii* alrc;uiy laid the wholi- ot those Tnstnictiod'; before tlie llou^^e. TIio House roqnlros Information in ariswur to their Uenionvt ranee on the Subject of the Pubh'c Kevcnuo and the improvident Grant to the Canada Company, The Lioutcnant Gover- nor re-avsure.^ the II onve that lie lias reivivcd no further In(brniation.s or Instructions. The Lieutenant Gover- nor transinits Answers ta other Addresses of the House. The ILuise re(]m?sts Correspondi-'uee rif'a- tivu to the Case of Mr. Forsvth, This Case now under Consideration, and Decision will In- made known to tlic Iluute when received. The Lieutenant Go- \L'itior transmits Copy of Sir J. CuilKune's Despatch of IJth Sep" teml)er lust. The Despatch dated 1 i\i\\ Septeniher Win Kxeellemy it not at liberty at present to transun't. The House reijuesti CorrcRpondenee in idl blatters of genenil In- terest to the Province referred to in Despatch sent down to the Hi,ui« on Stiturduy latit. ( I ; .ii 11 f ■ '': t! •1:! il '1 186 DESPATCHES FROM SIR F. B. HEAD, Baut., 'riic House must f«l that it was not the In- tention of His Majes- ty's Government to ilivulgc to one Branch oftlie Legislature Cor- rospondence relalini; t'Kchisivcly to the Two other Brandies, some itf which would only tend to revive bygone Discussions. In reply to this Request, the Lieutenant Governor observes to tlie House of Assembly, that in his Instructions alluded to he certainly was referred for Information by the Colonial Minister " to the Correspondence of my Prede- ccssor and myself with the Officers who have successively administered the Provincial Government ;" but he is sure the House will feel that it was not either the Intention or Wish of His Majesty's Government tha^^ the Lieutenant Governor should (as requested by the House) unreservedly, ^..d without even a Specification of the Documents desired, divulge to one Branch of the Legis- lature a voluminous Correspondence, which from its Nature must unavoidably relate to many Questions belonging exclusively to the other Two Branches, but must also unavoidably contain Subjects of a strict confidential Nature, besides others the Publication of which would merely tend to revive bygone Discussions. The Lieutenant Governor takes tliis Opportunity of appealing to the Liberality and good Sense of the House o^ Assembly for Consider3<^"on, that, as a Stranger to this Province, totally unconnected even with the political Differences which have existed in tiie Mother Country, he has but lately arrived here, intrusted by our most Gracious Sovereign with Instk ^ions the un- disguised Object of which is, firmly to maintain the ha])py Constitution of this Country inviolate, but to correct cautiously yet eflectually all real Grievances. The House of Assembly is deeply interested in the Importance and Magni- tude of the Task he has to perform ; and he is confident it will, on Reflection, be of opinion, that the Lieutenant Governor of this Province had better look steadily forwards to its, future Prosperity and Improvement, — that he had better attract into Upper Canada the superabundant Capital and Population of the Mother Country, by encouraging internal Peace and Tranquillity, — than to be observed occupying himself only in re-considering the Occurrences of the past. The Lieutenant Governor does not assert that the latter Occupation would be totally useless, but he maintains that the former is by far the more useful, and that to attend to both is impossible. J4th, The Lieutenant Governor transmits to the House of Assembly, ac- luunt of the Proceedings cordiug to its Ilcquest, " A Statement of the Proceedings and Steps taken by I.un" reiautc^ioT"' ^^^^ Governmcut relative to a special Matter contained in the Third Report of the Committee on Finance of last Session, in reference to a Defalcation of Monies by the late Collector of the Town of Kingston, which Defalcation had for several if ears been reported and appeared in the Public Accounts, but which was omitted to be stated by the Inspector General in the last Accounts sent down to this Hpuse, \yithout any Authority to do so from the Legislature." Government House, ^5th February IS.'JG, Tlie Lieutenant Gover- nor appeals to the Li- V)erality and good Sense of the House of Assem- I)lj' for the Considera- tion of His Excellency's recent Arrival in this Province, and the Im- (lorLince and Magni- tude of the Task he has u> perform. Ills Attention to the t u t ure Prosperity of the I'rovince precludes his 'iccupying himielfwith the Occurrences of the past : to attend to both impossible. The Lieutenant Gover- nor transmits a Stale " Defalcation " by the laic Collector of the I'ort of Kingston. Enclosure No. 3. 'J'hird Enclosure in No. 3. Addhess To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Guelphic Order of Hanover, and of the Prussian Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, .- 5 We, His Majesty's dutiful and loyal Subjects, the Mayor, Aldermen, and Commonalty of the City of Toronto in Common Council assembled. Respectfully beg leave, upon the Occasion of our Accession to Office, to congratulate your Excellency upon your Appointment by the King to the Government of this valuable Portion of the British Empire, and to assure your Excellency that your safe Arrival amongst us has afl^brded us sincere Gratifi- cation. iji. ON THE SUBJECT OF CANADA. 137 We desire to convey to your Excellency Assurances of the devoted Attach- ment of the Council and the Inhabitants of the City of Toronto to our revered Sovereign and the Constitution of the Mother Country ; and that your Excellency may rely at all Times upon tht; cordial Co-operation of this Council, in carrying into full and efficient Operation the Laws necessary to insure the Peace, Welfare, and Prosperity of this loyal and flourishing; City. (Signed) T. D. Morrison, Mayor. Council Chamber, 8th Feb. 1S3G. . ' : . I . Answer. Mr. Mayor, and Gentlemen of the Corporation, I receive with Pleasure the personal Congratulatic ' ^ou have been good enough to offer me, but it is with Feelings of infinitely ,..ghcr Satisfaction that I rcir.aik and admire your devoted Attachment to our revered Sovereign and to the Constitution of our Mother Country. Gentlemen, I hear it daily remarked to me, most particularly by those whose own Minds are disturbed, that 1 am placed in a very critical Situation, and that I am surrounded by Difficulties almost insurmountable. I cannot however gay that I participate in any such Apprehension ; I know tliat the Inhabitants of this Province are loyal ; I also know that they possess not only good Feelings, but good Sense. I require no other Support, I ask for no other Assistance, for I feel confi- dent that when the broad liberal Policy of His Majesty's Government is clearly developed — when the Truth becomes known, that I have no dearer Object than impartially to correct all real Grievances, and to reward Allegiance to our beloved Monarch by cheap and good Government, all Ranks of People will unite with the Capital of Upper Canada in loyally offering me that " cordial " Co-operation" tor which I now beg to return you my best Thank.«. 1 i W:\wyn No. 3. Sir F. B. Head to Lord Glenelg, 1 5th Feb. 1836. ■ m Enclosure No. 3. 1 ^ : ; 1 8, ■ '. \ mv,. 1 i':;! i-" ' ''■ Xo. 4. (No. 6.) . Copy of a Despatch from Sir F. B. Head, k.c.h., to Lord Glenelg. gj^. p ^ *'y^ ^ My Lord, Toronto, 15th Feb. 183G. 'o I HAVE been requested by the House of Assembly to transmit to your Lord- 15°^ Feb^'TsIe. ship a Resolution passed in that House on the Cth Instant. ' ' I have the Honour, &c. F. B. Head. The Right Hon. Lord Glenelg, &c. &c. &c. in Mi » :■' m Enclosure in No. 4. Resolved, That the Seventh Report of the Special Committee on Grievances of last Session, to which was referred Lord Ripon's Despatcli to Sir John Colborne of the 8th of November 1832 (with the accompanying Documents), has been widely circulated among the People of Upper Canada daring the past Year, by Order of the House of Assembly, for general Information ; that the Facts and Opinions embodied in that Report continue to receive the full and deliberate Sanction and Confirmation of this House, and the People whom it represents ; and that it is our earnest Desire that the many important Measures of Reform recommended in that Report may be speedily carried into effect by an Admi- nistration deservedly possessing the Public Confidence. Truly extracted from the Journals of the Assembly of Upper Canada of the Sixth Day of February 1836. James FitzGibbon, Clerk. (il.) S Enclosure. 136 DESPATCHES FROM SIR F. B.HEAD, Bakt., No. 5. Sir F.B. Heatl to Lord Glenelg, '2M Fib. IS-W. No. 5. (No. 9.) Copy of a Despatch from Sir F. B. Head, k.c.h., to Lord Glenelg. My Lord, Government House, Toronto, 23d February 1836. A FEW Days after my Arrival here 1 received a Communication from thi Executive Council, submitting to me the Necessity of increasing their Number, which, from being composed only of Three Individuals, would (in case of the Illness of any One of the Members) be unable to form a Quorum. I was also informed by them, that as Mr. Peter Robinson, besides being Commissioner ot Crown Lands, was also an Executive Councillor, he had the invidious Duty imposed on him of auditing his own Accounts. This important Sidyect, as I stated to your Lordship in my Despatcii No. J,, has occu])ied my Attention for some Time ; for in so small a Community as that of Toronto and its Neighbourhood, to select Three Individuals suited to the Office was no easy Task. After making every Enquiry in my Power, I became of opinion thai Mr. Robert Baldwin, Advocate, a Gentleman already recommended to your Lordship by Sir John Colborne for a Seat in tlie Legislative Council, was the first Individual I should select, being highly respected for his moral Character, being moderate in his Politics, and possessing the Esteem and Confidence of all Parties. Having come to this Conclusion, I deemed it prudent to consult the Lord Chief Justice, who is Speaker of the Legislative Council, Mr. Bidwell, the Speaker of the House of Assembly, and the Members of the Executive Council and as all these Gentlemen unreservedly approved of his Selection for the Office, I sent for Mr. R. Baldwin, and proposed to liim to accept the same, with the Addition of Mr. Dunn, the Receiver General, who had already been recom- mended by my Predecessor, and Dr. Rolfe, who had also been recommended by Lord Ripon as Solicitor General of this Province. I had several Interviews with Mr. Baldwin of many Hours Duration. 1 allowed him to consult Mr. Bidwell, Dr. Rolfe, and his other Friends on the Subject, and the Result of his Deliberation was, his positively declining to undertake the Office, unless I enabled him to carry with him the Support ot the House of Assembly, which he stated could not be effected, unless 1 should consent to dismiss from my Council the Three existing Councillors j namely, Mr. Peter Robinson, Colonel Hills, and Mr. Markland. With this Demand I resolutely refused to comply, on the Grounds that 1 had other Interests besides those of the House of Assembly to consider that the Commons already possessed its own legitimate Power — that to impart to it, in addition, an exclusive Influence in my Council would be unconstitutional and unjust; besides which, it would at once connect witli Partv Feelings the Rejjresentative of His Majesty, who ought to stand unbiassed and aloof from all such Considerations. Mr. Baldwin maintained his Demands, and I accordingly parted with him, declaring that nothing should induce me to dismiss from the Council Three Gentlemen who had given me no Cause for Complaint ; that, if necessary, I would rather throw myself on the good Sense of this Country as well as of the World, and abide the Result, whatever it might be. On Mr. R. Baldwin leaving me I sent lor Dr. Baldwin, who, although rather more ultra in his Theory of Reform, is a (xentleman of very large Property, who is respected for his moral Character, and who had also been recommended by my Predecessor for a Seat in the Legislative Council. On consulting with Dr. IJaldwin, and on proposing to him that he, Dr. Rolfe, and Mr. Dunn should join the Executive Council, he insisted on the same Demand as Mr. R. Baldwin ; and we accordingly parted. I felt so confident the Terms required of me were unjust, and that to all reasonable Men they would appear so, that I had fu'ly determined on the Course I would cillors ; iiainelv m & i I ^ % i ON THE SUBJECT OF CANADA. 139 I would adopt. However, this Alternative was rendered unnecessary, by an Intimation I received that Mr. R. Baldwin felt disposed to reconsider my Pro- nasal ; and accordingly the tbllowing Day he called upon me to agree to join tlie Coinicil without the Dismissal of the Three existing Councillors. I accordingly appointed an Hour to receive Mr. R. Baldwin, Dr. Rolfe, and Mr. Uiinn ; and in their Presence I addressed the following Note to Mr. Bald- win, a Copy of which it was agreed should be given by him to Mr. Dunn and Dr. Rolfe. " Dear Sir, Government House, 19th February 1836. " I have great Pleasure in learning that you. Dr. Rolfe, and Mr. Dunn accept the Invitation I have made to you, by joining the Executive Council. " The Confidence I shall repose in you will be implicit ; and as I have no jjreliminary Conditions either to accede to or require from you, I shall rely on your giving me your unbiassed Opinion on all Subjects respecting which I may feel it advisable to require it. " I remain, &c. " R. Baldwin, Esq. (Signed) F. B. Head." After my Interview with these Gentlemen, who were Yesterday sworn into Office and gazetted as " Members of the Executive Council until the King's Plea.snre shall be known," I sent for Mr. Bidwell, and asked him whether he conceived that the House of Assembly would feel satisfied with the Addition I had made to the Executive Council. Mr. Bidwell told me, that he thought these Appointments would give general Satisfaction ; that he \v;is of opinion the House of Assembly had Confidence in these Gentlemen, as well as in myself; and that it would be l;is Desire, as well, he believed, of those with whom lie co-operated, to give me their / sjistance, and in no way to offer me any factious Oj)position. He observed, however, that there were several Grievances which your Lca-d- ship's Instructions to me had overlooked, and that he expected these would shortly be brought before my Attention. I must add, that Mr. Bidwell's Conversations with me have been satisfactory, and that I have no ('ause whatever to complain of him, although I have not liesitated invariably to apprise him, that with his political Opinions I do not concur. Having now informed your Lordship of the Individuals I have added to the Executive Council, with the Ciiciinistances which have preceded their Appoint- ment (which I trust may be confirmed), it only remains for me to stiite, that although Tranquillity in this Province is, I conceive, now momentarily esta- blished, I do not expect that the present House of Assembly will long discontinue their 7\gitations. It shall be my Duty, however, to afford them no reasonable Cause for Com- plaint. To their Addresses, as well as It their Ojnnions, I will give every possible Attention, and will afford them .eady Assistance to correct all real Grievances ; but I am so convinced that every improper Concession will not only streugtlien their Demands, but weaken my Influence in the Province, that I shall continue to resist, as I have hitherto done, any Demand that may at all tend to uiulermine the happy Constitution of this Province, as I believe that this Policy will eventually secure to the Lieutenant Governor of Upper Canada (whoever he may be) the Confidence and Support of the Community. Lord Glenelg, &c. &c. &c I have the Honour, &c. F. B. Head. I submit to yoiu- Lordship Copies of Two Addresses I received last Week from the House of Assembly, with my Answers, which explain the Reasons for which I declined to comply with their Requests. on.) •!■'! No. a. Sir F. B. Head to Lord Glenelg, 23d Feb. 183«. i m 1^ , 1- '■ 1 ■Ali' ":| > 'i i !■;?!'■ ; ! 1; . 1 'i 140 DESPATCHES FROM SIR F, B. HEAD, Bart., No. 5. Sir F. B. Head to Lord (ileneig, 'J3d Tel). )83fi. Enclosure No. 1. First Enclosure in No. 5. Uppek Canada Gazette Extraordinary. Toronto, Saturday, 20th February 1836. By Authority. Government House, Toronto, 20th February 1836. The Lieutenant Governor ha.s been pleased to appoint the under-mentioned Gentlemen to be Members of the Executive Council of this Province until the King's Pleasure shall be known ; viz. John Henry Dunn, Robert Baldwin, and John Rolph, Esquires. His Excellency has been further pleased to appoint John Simcoe Macaulay, Esquire, to act as Surveyor General of this Province until His Majesty's Plea- sure shall be known. Kntlosure No. 2. Second Enclosure in No. 5. To His Excellency Sir Francis Bond Head Knight Commander of tiie Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. May it please your Excellency, We, His Majesty's dutiful and loyal Subjects the Commons of Upper Canada in Provincial Parliament assembled, humbly represent to your Excel- lency, that Thomas Splitlog, Thomas Clarke, Nicholas Laford, Matthias Split- log, John B. White, Matthias Barnett, Joseph B. White, and Peter Roundhead, Ch'.efs and Warriors of the Huron or Wyandot Nation, have, by Memorial to this House, complained of George Ironside, the Indian Supermtendciit, and oiiiers, for that they had instigated the Government to divide among and con- cede to the half-breed Indians, not entitled thereto, a Tract of Land between Sandwicii and Amherstburgh, containing about Seven Miles square, althoiigh the said Wyandot Nation had held and peaceably enjoyed the same from Time immemorial, and resided on the same, living after the Customs and Manners of their Fathers. That Fighting Island belongs to them, but had been kept possession of by one Thomas Paxton, who had, they say, paid them no Rent since a Licence of Occupation was granted him by tiie Government. That they had made several Applications to the Government for its Aid and Protection, which had been denied them. That at the Sale made to the Government of the Lands in the Western Dis- trict the Tract now attempted to be taken from the said Wyandot Indians was .specially reserved for them, with a particular Request of the Indians of the Lake Confederacy that the King and his Officers would not disturb them in their Possession of the same. They also pray this House to inquire into the Merits of their Case, and, it found deserving, to ask the Royal Interference on their Behalf, so that his Government here might be prevented from wresting their little Piece of Land away from them. We humbly request that your Excellency would give Direction that there be laid before this House all such documentary and other Evidence hi the Posses- sion of the Government or its Officers relative to the said Huron Reserve, or to the Proceedings of the Government liad thereon, as would enable this House to ascertain whether its further Interference on behalf of the Wyandot Indians is required. Marshall S. Bidwell, Commons House of Assembly, Speaker. 15tli February 1836. 1~^]W ON THE SUBJECT OF CANADA. 141 t for its Aid and Third Enclosure in No. 5. Gentlemen, It is with great Rehictance I feel it necessary to state that, without Authority from the Secretary of State, I am unwilhng to submit to the House of Assembly " the Documents and other Evidence in the Possession of the Governmcni or its Officers rehitive to the Huron Reserve, or to the Proceedings of the Govern- ment iiad thereon, as wouUl enable the House to ascertain whether its Interference on behalf of the Wyandot Indians is required." My Objections on this Subject arc those of Policy rather than of Law ; and without denying the constitutional Right of either of the Two Houses of th ■ Legislature to enquire into any subject in which they may consider the Publi*. Interests to be involved, I am of opinion that the Disclosure of " Documents and Evidence" of the Character alluded to woulil be attended with evil Consequences to those whom it is intended to benefit, by rendering the Indians doubtful of the all-sufficient and paternal Protection of His Majesty, on which they have hitherto solely relied. Without reverting to the anomalous History of the Aborigines of this Land, I mil merely observe, that in Uj)pcr Canada the Indians have hitherto been under the exclusive Care of His Majesty, the Territory they iniiabit being Tracts of Crown Lands devoted to their sole Use as •' His Allies." Over these Lands His Majesty has never exercised his paramount Right, except at their Request, and for their manifest Advantage. Within their own Communities they have hitherto governed themselves by their own unwritten Laws and Customs ; their Lands and Pi'operty have never been subject to Tax or Assessment, or themselves liable to personal Service. As they are not subject to such Liabilities, neither do they yet possess the political Privileges of His Majesty's Subjects generally. The Superintendents, Missionaries, Schoolmasters, ind others who reside among them for their Pro- tection and Civilization arr api)ointed and paid by the King ; to his Rejjre- sentative all Appeals have until now been made, and with him has all Responsibility rested. In every respect they appear to be most constitutionally within the Jurisdiction and Prerogative of the Crown ; and as I declare myself not only ready but desirous to attend to any Complaint they m.iy offer me, I consider it would be highly impolitic (especially for the Object of redressing a trifling Grievance) to sanction the Adoption of a new Course for their internal Government. To this general View of the Subject I have only to add, that as regards the particular Memorial submitted to the House of Assembly by Thomas Splitlog, Thomas Clarke, and Six others of the Huron or Wyandot Nation, a counter Petition, signed by Eleven Individuals of similar Tribe and Rank, has been presented to the House, stating, ** We have the fullest Confidence in the Justice and fatherly Protection of our beloved Sovereign and his Representative the Lieutenant Governor." Htail Nil. Sir F. B. to Lord (jlcneig, 23d Feb. IH'M. Enclosure No. 3. I ,f5 11; ii;ft.'ll Fourth Enclosure in No. 5. To His Excellency Sir Francis Rond Head, Knight Commander of the Royal Hanoverian 3uel])hic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. May it please your Excellency, We, His Majesty's dutiful and loyal Subjects the Connnons of Upper Canada in Provincial Parliament assembled, humbly request that your Excel- lency would be pleased to lay before this House a Copy of so much of the Despatch from Sir John Colbornc to the Lord Glenelg, dated Toronto, iCth September 1835, as has not been sent down to this House. (Signed) Marshall S. Bidwell, Commons House of Assembly, Speaker. 17th February 1836. Enclosure Ko. 4. (41.) S 3 i : '■ ! 1 J'.ij i , ! 1 Mi ■ Ui ' ■\r jiii k 1 1^ ll if ill;: I' ,•! 148 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 5- •Sir F. B. Head to Lord (jlcneig, •2'M\ Feb. 1836. Enclosure No. .5. No. (i. Sir F. H. Head to Lord Glcnclg, 2atli Feb. 1836. Fifth Enclosure in No. 5. Gentlemen, I much regret tliat I cannot (without Authority from the Secretary of State) comply with, the Request contained in your Address. The numerous Copies of Despatches, &c. which accompanied my Message to the House of Assembly of the 15th Instant will, I trust, satisfy the House of my Desire to lay before it as mucli of tlie Correspondence between my Predecessor and His M' jesty's Government as with any Propriety I could be expected to divulge. I have alreatly given to the House, according to its Request, tlie Names of Individuals whose Recommendation for Seats in the Legislative Council has not yet e ;n received the Sanction of His Majesty's Government. The only Part of His Excellency Sir John Colborne's Despatch of the iCth September 1835 which I have deliberately withheld is that in which he contidentiaily expresses to His Majesty's Government his high Estimation ot the Ciiaracter of the Individuals he proposes ; and although, in the particular Case alluded to, no Objection whatever exists to the Publication of his Opinion, yet I conceive it would establish a bad Precedent were I to consent to make public Descriptions, which must unavoidably always be personal, and which might occasionally be painful to the Individuals, and consequently unjust towards them to disclose. No. 6. ;No. 12.^. Copy of a Desi'atch from Sir F. B. IIkad, k.c.ii., to Lord Glenelg. My Lord, Governmont House, Toronto, 29tli February 183C. I HAVE the Honour to transmit herewith a Letter aildressed to your Lord- ship b^ Mr. Radenhiust, Chief ClorU in the Surveyor General's Office, requestmg that your Lordship would be pleasetl to lay at tht3 Foot of the Throne hi.s Petition, in which he prays to be exalted to the Station of Surveyor General ol' this Province. In forwarding this Communication througli me, Mr. Iladcnhurst begged I woidil adtl my Influence in his Favour to the niunerous Signatures he Ias obtained ; to which I replied (for Reasons which I will shortly explain to your Lordship), "that I could not reconnnend him to His Majesty's Government as a fit Person to occupy the high Station of Surveyor General of Crown Land.s in this Province." Before I enter on Mr, Uadenhurst's Case I must explain to your Lordship some important Circumstances coimectod with the Surveyor General's Depuit- ment, to which is entrusted, as your Lordship is aware, the Crown Lands. Shortly after niv Arrival here I ibiind it (piite impossible even to preteiid to overlook the total InoiHciency of Surveyor General C'aptain Hind, a Gentle- man whose Honour was unimpeached, but he had latterly become unable to attend at his Office at all. I t'ound that his Incompetency was not only notoilous, but that even his own ]''rieiids could not attempt to deny it ; and I have only to refer yoiu Lordship to Sir John Colborne's Despatches of the U!th Se|)tembir KS.lj ami 5tli Jaiuiary IS'JG, to show that my Predecessor rej)orted tliisOpinion, altlioiigli, on account of Captain Ilurd's large Family, he had retVaiiied trom any iintiuu' Procei'dings. From similar Feelings I should have been too happy to have followed the same Course, but the Abuses which were daily i)r()ceeding liom Mr. Hurd's Incompetency and Irresponsibility were so enormous, they were so disrepu- table to the Executive Government, and so hostile to the Interests of tlu- my c Crown, that I lelt I should dLsobey the Spirit as well as the Letter of nv Instiiictions were I to neglect, from any Feelings of private Sympathy, tli Peri'ormance of a most important but ])ainful Duty. I accordingly sent lor Mr. Hmd, who is a very gentlemanlike as well as amiable amiable Pe should noti proceed to by retiring Mr. Hur herewith y( A'osence, t( ing this Re His Majest Mr. Hun pro temper watch over His Britann The popi has an Inter Mr. Iladen explained, therefore to pore, until my Desire in this Pro> continue to Stranger wl England ; f Honour to Crown are t After giv that the In Engineers, f His Fathc in Canada tc and Sisters li come into P< who was bor For some metrical Sur fication of th on Field Foi the Corps oi upright Mar who has louf The only ment was thi that his Sele to shrink fro C:ipt;iin Mac have never c I accordiii l)o])artment, confirm the applied to .' Captain Mac luirst was s Resignation, " Sir, " For Re which, as a called on to is.sue to me ( " Sir F. L tary of State) my Message fy tlie House between my ly I could be tlie Names of ! Council has patch of the in wliich he Estimation ot the particular Phis Opinion, sent to make il, and which iiently unjust LENELG. 'cbruary 1836. your Lord- eral's Office, Foot of the 1 of Surveyor St bepiged I iturcs he lias )hiin to your )vernnu!nt as ;!^rown Lands )ur Lordship ral's Dt'part- Lund.s. to protend t(; 1, a (ientle- 10 unable to lat ovoii his ) rol'or your cr IHdji and )n, altliough, any liuthi'r foHowod the Mr. ilurd's so disropu- rests of the c'Uor of my npatliy, the .' as well as amiable s If' ON THE SUBJECT OF CANADA. 143 amiable Person, and informed him it would be absolutely necessary tliat 1 should notice his Inefficiency, and that I left him to determine wlietlier I should proceed to do so, or whether he would think it most advisable to avoid Inquiry by retiring from it. Mr. Hurd prudently chose the latter Course ; and by Documents forwarded herewith your Lordship will perceive that ho asked for Six Months Leave of Absence, to return to England, with a view to Retirement ; and that in grant- ing this Request, I informed him " that I should feel it my Duty to apply to His Majesty's Government to appoint a Successor to his Office." Mr. Hurd having thus retired, I had to determine to whom I should entrust, pro tempore, the Charge of a Department, the especial Duty of which is to watcli over the immense Portion of this Province which is yet the Property ot His Britannic Majesty. The popular Desire, which in this Instance your Lordship must be sensible has an Interest diametrically opposite to that of the Crown, loudly recommended Mr. Radenhurst to my Notice ; but, for Reasons which shall subsequently be explained, I felt it my paramount Duty to oppose tliis Appointment, and 1 had therefore to select some other Person who might hold the Situation pro tem- pore, until your Lordship's Pleasure could be known. Resides this, it was also my Desire to select some one whose local Knowledge, Education, and Station in this Province might enable me respectfully to recommend, that he m'ght continue to perform tiie Duties of Surveyor General in preference to any Stranger who, unaccustomed to this Climate and Country, might be sent fiorn England ; for I can assure your Lordship that, next to the Situation I have the Honour to hold, there is no one on which the Integrity and Interests of the Crown are more dependant than upon the Surveyor General of this Province. After giving the Subject the most serious Attention, I became of opinion that the Individual I could best select was Captain Macaulay of the Royal Engineers, from which Corps he was about to retire. His Father came fiom England with General Simcoe in 1792, and resided in Canada to the Period of his Decease in 1821, since which Time his Brotlicrs and Sisters have never left this Province. He was educated here, and having come into Possession of his paternal Residence in Toronto he married a Lady who was born in this Town. For some Time he was employed as an Officer of Engineers on the trigono- metrical Survey of England, and was subsequently appointed Professor of Forti- fication of the Royal Military Academy at Woolwich, where he wrote a Treatist on Field Fortification, wiiich is still the Task Book of that Establishment. In the Corps of Engineers ho is considered an impartial, scientific, hard-working, upright Man ; wiiich Ciiaracter strongly assinnlates with that of his Brother, who has long been a Judge of tiiis Colony. The only Objection whicli arose in my Mind to Captain Macaulay's Appoint- ment was that he belonged to a Corps in which I myself had long served, and tliat his Selection migiit therefore appear partial. However I was resolved not to shrink from thisAccusation, inasmuch as I believe I may say I never spoke to Ciiptjiin Macaulay in my Life, and certainly dining the last Fwenty-tive Years hiive never either seen fiim or written to him. I accordingly determined to place this Officer, pro tempore, in charge of the Department, and ros[)ectfully, l)ut strongly, to recommenil to your Lordshij) to conHrm the Ajipointmcnt. However, in the meanwhile Mr. Radenhurst liad applied to several Members of both Houses of Parliament ; and as soon as Ca])tain Macaulay was gazetted, a simultaneous I'eeling in favour of Mr. Raden- hurst was so strongly evinced that Captain Macaulay forwarded to me his Uosigniition, as follows : — " Sir, .. Toronto, '22(1 Febninry 183(i. " For Reasons which it is not requisite that I should give in Detail, but whicli, as a well-wisher of the Ciovernment, are with me paramount, I leel called on to resign the Commission of Surveyor (loneral you were pleased lo issue to me on the 2Uth Instant. " I have the Honour, &c. " Sir F. B. Head. J. S. Macaulay." (44.) S 1. To No. 6. Sir V. B. Head to Lord Glcnt'lg, 'i!9lh Feb. \H-M. i ^W'^fsB?! 1 1 ■' ■'■■1 ■■ ''i'l P m ! , ■ 'i Mf IP ; ; ' : ■j 1 : 1 ■ -In l! i ' ] r . !' I 11 m I I; f k 1 ' I' : i ■ 1 j r ^li 1 ' '' ' 1 ,1 ■ 1 . . t . ii Jim h 144 DESPATCHES FROM SIR F. B. HEAD, BAnr., No. a. Sir F. U. Head to Lord Glene!g, 291 h Feb. 183S. lii To this Letter Cajitain Macaulay received from Mr. Joseph the following Reply:— " Sir, " In accepting yoiu' Resignation, which has just been received, the Lieute- nant Governor feels it his Duty to state that iiis Opinion respecting your Fitness for the Situation of Surveyor General remains unchanged. " The Lieutenant Governor conceives that the Individual who holds in Upper Canada this most important Station should be a Gentleman of Science and Ability, taken fiom that Rank in Society which would, without Jealousy to others, permit him to bf> eligible at any Time, if necessary, for a Scat in the Legislative or Executive Councils ; that he should be a good practical Surveyor, accustomed to Business and hard Work. Taking all these Qualifications into Consideration, and knowing also that you ))ossessed Property in this Province to a considerable Amount, the Lieutenant Governor became of opinion that you were a fit and proper Person for the Situation of Surveyor General, and accor- dingly he would iiave recommended you to His Majesty's Government for the same, had he not received your Resignation. " I have the Honour, &c. " John Simcoe Macaulay, Esq. (Signed) John Joseph." If the Appointment of Surveyor General had rested with me I would not have hesitated for a Moment to have declined accepting Captain Macaulay's Resigna- tion, but as it belonged to His Majesty's Ciovernment, I felt I hud Difficulty enough in proving tiie Necessity of its being abandoned, without encountering a popular Feeling which I considered might a])pear to your Lordship as quite inexplicable. I must, however, observe, that no Objection was raised here against Captain Macaulay himself, the Expression of popular Feeling being only in fiivour of Mr. Radenhurst ; and I have now the painful as well as tiie important Duty of 'explaining to your Lordship why that popular Feeling ought to be regarded with Sus])icion, and why that Gentleman is, in my Opinion, totally unfit for the Station lor which he has been so strenuously recommended. 1. The Traffic in the Locations which, from Motives of Generosity, have been granted by His Majesty's Government to U. E. Loyalists, as well as to all their Sons and Daughters, is not only notorious, but it is also notorious that Members of the I'rovincial Parliament have especially been engaged in it. Indeed this is so little a Matter of Concealment, that a Member of the last Parliament (\vhose Name, if necessary, I can mention) lately acknowledged, in the Govern- ment Office, tliat he possessed 50,000 Acres which he had purchased from U. E. Loyalists. Tl>ese Locations, as well as all others, are determined by tiie Surveyor General, and from the immense Difference in the Value of Land, according to its Locality, it is of course the Interest of the Locatees that the Interests of the Crown should be secondary to their own. I could say much more on this Subject, but I trust sufficient has been stateil to explain that the Inhabitants of tiiis Province are exactly the lust People who shoukl be allowed to name the Individual who is to guard this ^'ropcrty of the Crown, and conse- quently that their Recommendation should be regarded with some Degree of Sus})icion. 2. It is perfectly notorious, and I believe no one in this Pro\ince can deny it, that the Clerks in the Land-granting De])artment have long been engaged as private Agents; and accordingly, in ISJ'J, the Fact being brought before the Notice of the Lieutenant Governor, an Order in Council, dated 'Jltli November, declared "that no Clerk in these Offices be jiermitted to transact Ihisiness con- nected with the granting of Land, or receivhig Memorials respecting Locations on l.and Patents." That Mr. Kaekuhurst neglected to comply with this Order (which was lately repealeil by the Council) will indisputably appear from the annexed Hill anil Check, the latter actually indorsed by Mr. Radenhurst, which show that he received the Sum of Five Poiuuls from " an Agent for the Sale of Lands." On the lOtli oi September IH.'J.'J Mr. Spragge, a Clerk in the Surveyor General's Office, addresseil u very long Letter to Sir John Colborne's Civil Secretary, of which the following is an F-xl act. " His Excellency is not, perhaj)s, aware, but still it is not the less true, that an extensive System of Agency is at this present Moment carrying on by Pcr- '3 ' sons business con- ON THE SUBJECT OF CANADA. 145 sons holding Employments in the public Offices exceedingly injurious to the public Interests. Among the Parties engaged in this Business a perfect Union and Understanding appear to prevail, amounting to a Combination in point of fact ; and so lucrative have they found this Occupation that it is not surprising that they exhibit a perpetual Enmity and Hostility to such as are opposed to their Views." The foregoing Letter was forwarded by Sir J. Colborne to the Surveyor Gene- ral, who addressed to Mr. Spragge, on the 19th of October, the following Queries, to which he made the following Replies : — Query 1. — "What is the Nature of the Agency in the Third Paragraph of your Letter ?" Answer. — *' Forwarding Claims for and making Locations, suing out the Patents, petitioning, prosecuting Claims under the Commission, &c." Query 2. — " What is the Extent of that Agency ?" Answer. — " That it is extensively carried on is well known, but its actual and exact Extent cannot be easily ascertained." Query 3. — " W^ho are the Persons carrying on an extensive System of Agency exceedingly injurious to the public Service ?" Answer. — " Agency is carried on in the Surveyor General's Office by Mr. J. Iladenhurst and Mr. T. Caldwell. Several of the public Offices are at the present Moment greatly in Disrepute, which it is jnobable is chiefly the Result of permitting Persons in public Situations to forward the Business of particular Individuals for pecuniary Remuneration." Query 6. — " What do you mean by these Agents having found their Agen- cies so extremely lucrative ? And state how it is made so ; bearing in recollec- tion that the Fees of the Surveyor General's Office are regulated by Acts of Parliament and under Orders in Council, beyond which no public Officer ought to receive Remuneration for Matters connected with the public Service." Answer. — " I supply myself with an Answer to this Query from being assured (and I can rely on my Informant) that One Gentleman alone, in the course of Two Years, took out One thousand Patents from the Secretary's Office, bearing a Charge, some of ^3, others of ^2 ; other Charges are, I believe, in propor- tion. There are private Agency Fees." The above Charges having been forwarded to Mr. Radenhurst, he replied to tlie Surveyor General on tlie 1 1th of December 1835 as follows : — " After giving it (Mr. Spragge's Letter) a careful Examination, it seems to nie tiicse Charges and Stfitements are vague and indefinite, at the same Time implicating several Departments under (Jovernment so generally that I do not feel myself' called upon to answer it ; indeed I must confess I should feel quite at a loss within what Bounds to circumscribe myself in such Statements I might think proper to make under the sweeping Charges contained in that Letter. " u plain, straightforward, direct Charges are made against me, impugning my Conduct in the Surveyor General's Office, I will endeavour to answer tlicm." In reply to this Letter the St'vveyor General wrote on the 2'Jd of December to Mr. Radenhurst as follows : — " As regards direct C'harges I cannot but consider those made by Mr. Spragge quite sufficiently direct to call for some specific Reply, without t'allhig hack upon the whole Tenor of his Letter. " Ui'less therefore some positive Denial is made touching the Charges alluded to, I must necessarily conclude that no Explanation can be afforded ; and I await your Reply to this Letter, which I request may be as speedy as possible." To this Communication Mr. Radenhurst replied in a long Letter, dated 2Gth of December 1835, as follows: — " I at once ])roceed to stiite, that neither in the Surveyor General's Office nor elsewhere, during OJfico Hours, has any Business been transacted by me as Agent for another." In consequence of the above Letter, the Surveyor General addressed Sir .Iphn Colborne, on the 2:i m 148 DESPATCHES FROM SIR F. B. HEAD, Bakt., No. 6. Sir F. B. Head to Lord Gieneig, 29tli Feb. 1836. Enclosure No. 5. >f of that Period, and His Excellency Sir Francis Bond Head, Lieutenant Governor, having been pleased to place so much Confidence in Your Majesty's Memorialist as to intrust him with the Charge of the Office, he most respect- fully takes the Liberty of soliciting the Appointment to that Office, under the following, humbly conceived, strong Claims to Your Majesty's favourable Consideration. That Your Majesty's Memorialist is a native of Canada, whose Father settled therein in the Year 1777. and whose Grandfather was an U. E. Loyalist. That Your Majesty's Memorialist has had the Honour of serving the Crown Twenty-seven Years in a Military and Civil Capacity, the last Eighteen of which has been in diffiirent Situations, from Junior to Chief Clerk in the Sur- veyor General's Department, Seven of which has been as Chief Clerk, with nearly the whole Responsibility of that important and laborious Office devolving on him. .,.>^ ■• That Your Majesty's Memorialist, at the Age of Thirteen Years, was recom- mended by Sir J. H, Craig, tlien Captain General of Jie Provinces, for a Commission in His Majesty's, Your late revered Father's Service, as a Reward for having at that early Age apprehended a Deserter from the Canadian Fencible Regiment ftlie Circumstances relating to which. Your Majesty's Memorialist has been informed, are to be found in the Colonial or War Office). That Your Majesty's Memorialist was accordingly appointed to an Ensigncy in the Royal Newfoundland Fencibles in the Year 1809, and joined his Regiment in 1811, then in Quebec, having been allowed the intermediate Time Leave of Absence to enable him to qualify himself for the Service by prosecuting his Studies under tiie best Musters at that early Period to be procured ; and in the Spring of 1812 was, with a Part of his Regiment, sent to the Upper Province, where he served during the whole of tlie late War with the United States (and was in nearly all the Engagements both on Land and in the Fleet on the Lakes). Your Majesty's Memorialist, with a Detachment of his Regiment, having been required to do Duty as Marines, he had the Honour of being on several Occasions named in General Orders, and particularly so for his Conduct during the Attack on Sacket's Harbour, and for the gallant Manner the Two American Shooners, Scorpion and Tigress, were carried by boarding on the Nights of the 3d and (itii of September ISlt on Lake Huron, on which Occasions Your Majesty's Memorialist commanded a Boat and Thirty Men of his Regiment, and was the first Person on board the former Schooner. That Your Majesty's Memorialist was employed, whilst stationed at Mich- liniacinack, as acting Engineer, (and constructed the Fortifications at Fort George on that Island, much to the Satisfiiction of the Officer of that Depart- ment who superseded Your Majesty's Memorialist,) and at the Close ot the War was, at tlie Recommendation of several distinguished Officers under whom he iiad serv^xl, promoted to a Lieutenancy in His Majesty King George the Third's Eijj,iitii or King's Regiment of loot, in whicii Corps he served at Windsor, Portsmouth, and in Ireland, till the Reduction of the Supernumerary Lieutenants in 1S17, when he received Permission to return to his native Country, where lie has since resided, having commuted his Half Pay. That on a former Occasion, wlien in charge of the Surveyor General's Office, Your Majesty's Memorialist received the Thanks of the then Lieutenant Governor, Sir John Colborne, as will be seen by the accompanying Letter from His Excellency's Secretary. In conclusion, Your Majesty's Memorialist most respectfully begs Leave to call the Attention of Your Majesty to the accompanying Testimonials, in the confident Hope that Your Majesty will be graciously pleased to take his Case into Your Royal Consideration. ■"■it And, as in Duty bound. Your Majesty's Memorialist will ever pray. Toronto, U. C, 20th February 1836, J. Radenhuust. ,d, Lieutenant JTour Majesty's ; most respect. Bee, under the ty's favourable ( Father settled Loyalist. ing the Crown ist Eighteen of ?rk in the Sur. lief Clerk, with }fiice devolving ars, was recom- rovinces, for a :e, as a Reward nadian Fencible ;y's Memorialist e). That Your ;y in the Royal fiment in 1811, ;ave of Absence ing his Studies id in the Spring Province, where ites (and was in on the Lakes), nt, having been eing on several )r his Conduct lanner the Two )oarding on the iron, on which Thirty Men of ooner. ioned at Mich- cations at Fort of that Depart- le Close ot the ers under whom ing George the »s lie served at Supernumerary to his native Pay. eneral's Office, len Lieutenant ing Letter from Legs Leave to |i monials, in the ^'^ take his Case r pray. Iadenhuust. ,.■?•.. ON THE SUBJECT OF CANADA. Sixth Enclosure in No. 6. 149 We, the uiioicisigned Members of the Legislative Council and of the Com- mons House of Assembly, Magistrates, and other Inhabitants of the Province of Upper Canada, in consideration of the long and faithful Services of John Radenhurst, Esquire, Chief Clerk in the Office of the Surveyor General of tliis Province, most respectfully beg Leave to recommend him to the favourable Consideration of His Majesty as a fit and proper Person to be placed at the Hciid of that Department. No. 6. Sir F. B, Head to Lord Glenelg, 29th Feb. 183C Enclosure No. ti. John Strachan, L. C, Archdeacon of York. CuAS. Jones, M. L. C. W. MoKRis, M. L. C. Ja3. C'-.noKs, M. L. C. A. jL?\LrHfiN, M. L. C. Alex. M Donell, L. C. Thos. R. ferEWART; M. L. C. Jas. Gordon, M. L. C. James Kerry, L. C. W. Allan, L. C. P. Adajison, L. C. James Kino, Alderman and Barrister at Law. C. J. Baldwin, J. P. J. B. Lewis, M. P. P. Jacob Shirley, M. P. P. John P. Roblin, M. P. J. Chesskn, M. p. p. Archd. M«Lean, M. p. p. W. B. Robinson, M. P. P. Jas. E. Small, M. P. P. John A. Wilkinson, M. P. P. N. Cornwall, M. P. P. D. M. Mac Donell, M. P. P. Allan N. Mac Nab, M. P. P. R. G. DuNLop, M. P. P. D. Macdonell, M. p. P. A. M'DONELL, M. P. CuAS. Richardson, M. P. H. Norton, M. P. Wm. Hamilton Meruitt, M. P. Geo. Rvkut, M. P. F. Caldwell, M. P. W.M. M'Cray, M.P.P. Thos. M'Kay, M. P. P. Jacob Rymal, M. P. P. Jajies Durand, M. p. P. F. S. Walsh, M. P. P. ILvR5iANNUs SMirn, M. P. p. Peter Perry, M. P. P. Wm. B. Nely, M. p. P. Peter Shacer, M. P. P. John Cook, M. P. P. Wm. Bruce, M. P. P. Henry W. Ager, M. P. Thomas Parke, M. P. John M'Intosh, M. P. Dennis Woolverton, M. P. James Wilson, M. P. Charles Duncombe, M. P. Saml. Lount, M. p. p. John Gilchrist, M. P. P. Caleb Hopkins, M. P. P. T. D. Morrison, M. P. P. John Brown, M. P. P. C. W. Boulton, M, P. P. Gilbert M'Micking, M.P.P. David Thorburn, M. P. P. John Strange, M.P.P. Wm. Proudfoot, J. P., Pres' Bank, U.C. Thos. G. Ridout, J. P., Cashier Bank of U. Canada. Chas. C. Small, Clerk of the Crown and Pleas. Saml. Ridout, J. P. ' C. Widmer, J. P. John S. Baldwin. James F. Smith, J. P. J. Marks, J. P., Midland District, U. C. Joseph D. Ridout. J. R. Armstrong. James Lesslie. Pet. Paterson, J. P. Geo. Pehc. Ridout. William J. Kerr. RoBT. Stanton, J. P. John Beitriz. Elijah Sward, J. P. Thomas Baines, Secretary to the Clergy Corporation. Jas. Henderson, J. P. David Gibson, M.P.P. Charles Waters, M.P.P. A. Chisiiolm, M.P.P. (41.) T 3 Ml':'-;; aso DESPATCHES FROM SIR F. B. HEAD, Bart., No. 6. Sir F. U, Hepd to Lord Glenelg, 29th Feb. 1836. Enclosure No. 7. Seventh Enclosure in No. 7* Sir, Surveyor General's OiRce, Toronto, 1st February 1836. I have the Honour most respectfully to submit to your Excellency the accompanying Medical Certificate with extreme Regret. By it it will be perceived that it becomes necessary that I should request Leave of Absence for Six Months from the present laborious Duties of my Office. At the End of that Period, should my Health still remain in the same State, I shall conceive it my Duty to be allowed Permission to retire, now having been absent from England nearly Eleven Years labouring under severe Exertion and Anxiety of Mind in the Execution of Two most difficult and onerous Situations. I have the Honour to be, &c. To J. Joseph, Esquire, (Signed) S. P. Hurd, S. G. Civil Secretary. This is to certify that Captain Hurd has been under my Care for some Time afflicted with Hccmmorrhoid and Dyspepsia in such Degree as to induce much Debility. A few Days ago he was seized with a severe Attack of Acute Opthalmia. I am tlierefbre of Opinion his Constituiion is in that State to require Change of Climate and a Cessation from the laborious Duties of his Office. J. M. Bartley, M.D. Surgeon 15th Regiment. Sir, Government House, Toronto, 10th February 1836. I am commanded by the Lieutenant Governor to inform you, in reply to your Letter of the 1st instant, that His Excellency, in compliance with your Request, grants you Six Months Leave of Absence from your official Duties, the Time to be computed from the Date of this Letter. I am directed, however, to stiite to you that tlie Lieutenant Governor will feel himself called upon to apply to the Home Government to appoint a Suc- cessor to your Office. I have the Honour to be, &c. S. P. Hurd, Esquire, (Signed) J. Joseph. Surveyor General. Sir, Government House, Toronto, 16th April ISSl. In transmitting for your Perusal the accompanying Letter from the Surveyor General, in whicli he reports that he is able to resume his Duties, lam directed by the Lieutenant Governor to convey to you the Expression of His Excel- lency's Thanks for your Exertions in carrying on the Business of the Surveyor General's De])artment since you have had charge of the Office ; and to acquaint you that the Surveyor General will return to his Duty this Morning, and again take charge of the Department. I am, Sir, &c. J. Radenhurst, Esquire. W. Rowan. f '.If ._ „. Surveyor General's Office, Toronto (Upper Canada), Dear Sir, igth February 1836. His Excellency the Lieutenant Governor having been kindly pleased to accede to my Request for Six Months Leave of Absence from my official Duties in consequence of the State of my Health, with a view of Retirement should my Health continue bad, and His Excellency having been also jjleased to nominate you to cany on the Duties of the Surveyor General's Department, I cannot ON THE SUBJECT OF CANADA. in cannot give over the Charge of it to you without expressing the Sense I enter- tain of your personal Integrity, Efficiency, and Capabilities for Business, as well as of your Acquaintance with the Affairs of the Office, the Settlement of the Province, and the Facility with which you have carried forward the Transactions of the Office. 1 remain, Sir, &c. J. Radenhurst, Esquire. S. P. Hurd, S. G. No. (j. Sir F. B. Head to Lord (ileneig, 29th Feb. 183G. •W \ 'I, hi 'i H i ' : 'I 'i' No. 7. (No. 15.) Copy of a Despatch from Sir F. B. Head, k.c.h., to Lord Glenelg. My Lord, ^ Government House, Toronto, 21st March 1836. I HAVE the Honour to inform your Lordship that on Saturday the liith Instant the Six Members of the Executive Council suddenly and simultaneously resigned ; that a Majority of Twenty-seven against Twenty-one of the House of Assembly very resolutely espoused their Cause ; that all Business in the House was susnended until my Answer to their Address was received ; that a public Meeting has been called on the Subject at Toronto j that similar Meetings will probably take place throughout the Country; and that the whole Province is, and for a short Time will be, in a State of very great Excitement. All this will, I firmly believe, be productive of the most beneficial political Results ; and I now proceed to submit to your Lordship a plain Statement of tlie whole Affair. In my Despatch No. 9. I stated to your Lordship that almost immediately after my Arrival here the old Executive Council represented to me the Necessity of increasing their Number, which was not only barely sufficient to form a Quorum, and consequently in case of the Illness of any One Member would be powerless, but that the Commissioner of Crown Lands, from being One of the Members, was obliged to audit his own Accounts. In my Despatch alluded to, which I beg your Lordship will be good enough to rp.peruse, I detailed the Difficulty I hacl had in adding Three new Members to the Council, and the Attempt which had been made to insist on my forcing the unpopular old Members to retire. As soon as this Addition to the Council was gazetted, which happened less than a Month ago, a universal Joy and Satisfaction was expressed by the Radical Party, and I received Addresses from various Places expressing in very strong Terms Approbation of the Addition I had made to the Council, and praying that the old Members might be dismissed. In receiving these Addresses I could not but remark that not only were many of them expressed in exactly the same Terms, as if written by One Person, but that several were presented to me by the same Two Members of the Assembly; and from other ominous Circumstances I became fully con- vinced that an Attempt somewhere or other was making to promulgate an Error wiiicii had long been artfully inculcated in this Province, namely, that tlie Executive Council wore responsible to the People for the Acts of the Lieutenant Governor. Till' Object of this smoothfaced insidious Doctrine was at first to obtain for the Council merely Responsibility, and, when that Pohit was conceded, imme- diately to demand from the Crown the Power and Patronage wiiich has hitherto been mvested in the Lieutenant Governor. As the Aililresses proceeded from no Places of Importance I replied to the personal Congratulations on my Arrival, with which tliey commenced, without taking any Notice at all of the objectionable Clauses; at the same Time I was perfectly alive to the very great Danger that was brooding, and expecting that It would sooner or later be brought before my Notice by an Address from the House of Assembly, I determined that the Moment it assumed a tangible Form I would at once stand against it. (41.) T 4. While No. 7. Sir r. U. Ik'iul to Lord Glenelg, 21gt March I83t;. 152 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 7. Sir F. B. Head to Lord Glenelg, Cist March 18:16. "While 1 was in this Suspense the Attack was made upon me from a Quarter from which I certainly did not expect it, namely, from the Executive Council itself; which in a Document si^ii a '^y them all declared that the popular Doctrine was the Law of the Land ; ;l(at the old Practice had been unconsti. tutional; and that in case I was of .i different Opinion, my Council, sworn to Secrecy, humbly prayed that it might be permitted to communicate with the People. I need hardly observe that by this Address the old unpopular Councillors at once impeached the Conduct and Practice of their whole Lives ; however, on the Receipt of their Document, I immediately informed the Council that they could not retain such Principles .and my Confidence, and that they must consequently abandon either the one or the other. This Reply was what they did not at all expect ; for the new Members, elated by the Success of the Intrigues which had been adopted, had fancied themselves to be so strongly supported by the People that they did not conceive I would venture to do any thing but accede to their Threat. As soon as the Council received my Reply, Four of the Members, namely, Messrs. Robinson, Markland, Wells, and Dunn, at once surrendered at Dis- cretion, offering to recant all they had written, and assuring me that they had again since the Receipt of my Answer changed their Minds ; however, the other Two held out ; and I therefore declared that the formal Document by which I had been attacked could only be cancelled by the same Council from which it had proceeded, and that unless it was retracted as formally as it had been made I must adhere to the Reply I had given to it. I had Two Reasons for maintaining this Course ; first, because had I dis- missed only the Two popular Candidates, without explaining the Cause, I should have incurred the greatest Unpopularity, and should have been hampered by the Continuance in Oflice of the other Four ; and. secondly, because, for the Reasons above stated, being persuaded that sooner or later it would be necessary 1 should stand against a Doctrine which was rapidly tending to upset the Prerogative of the Crown, I deemed it advisable to do so before it got too strong for me, particularly as I never could hope to attain a more advantageous Position for the Contest than that afforded me by the ill-written Document of my own Council. Having now very briefly explained the Outline of the Affair, I beg to refer your Lordship to the Four following printed Papers, which will fully explain it in detail : — 1st. A Copy of the Address I received from the House of Assembly : 2d. My Reply thereto ; enclosing 3d. The Communication I had received from the Executive Council ; and 4tli. My Reply thereto. Having submitted to your Lordship the foregoing Documents, I beg Leave to repeat, as my humble Opirion, that the greatest possible Benefit will be derived from the Dispute I am having with this T'rovince ; for, if Truth be invincible, it will follow that the Effort which is making to oppose me must eventually be discomfited ; and among the Description of People which I have to deal with such a Result will be highly important. On the other hand, should I be defeated, I trust your Lordship will never regiet that I did not hesitate to maintain the Rights and Prerogative of the Crown. I enclose herewith to your Lordship an Address I have received from the Mayor, Aldermen, and Commonalty of the City of Toronto, with my Reply thereto. I have the Honour, &c. The Right Hon. the Lord Glenelg, F. B. Head. &C. &C. SiC. Commons H )m a Quarter itive Council the popular !en unconsti- cil, sworn to :ate with the 'ouncillors at however, on icil that they it they must !w Members, , had fancied 1 not conceive bers, namely, tiered at Dis- that they had however, the Document by Council from daily as it had jse had I dis- the Cause, I een hampered ', because, for r it would be riding to upset jre it got too advantageous Document of beg to refer fully explain ssembly : Council ; and beg Leave snefit will be if Truth be )ose me must which I have lip will never gative of the ved from the th my Reply Head. > i; ON THE SUBJECT OF CANADA. IM First Enclosure in No. 7« Address of the House of Assembly to His Excellency. Enclosure No. 1. No. 7. Sir F. B. Head to Lord Gleiielg, To His Excellency Sir Francis Bond Head, Knight Commander of the '■^1*' -^a'"cl> I83(j. lloyal Hanoverian Guclphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please Your Excellency, We, His Majesty's dutiful and loyal Subjects, the Commons of Upper Canada in Provincial Parliament assembled, humbly beg leave to inform your Excel- lency, that this House, considering the Appointment of a responsible Executive Council, to advise your Excellency on the Affairs of the Province, to be one of the most happy and wise Features in the Constitution, and essential to the Form of our Government, and one of the strongest Securities for a just and equitable Administration, and eminently calculated to insure the full Enjoy- ment of our civil and religious Rights and Privileges, has lately learned, with no small Degree of Surprise and Anxiety, that the Executive Council so recently formed for the Purpose above stated, (as we presume,) consisting of Six Mem- bers, did, on Saturday the 12th instant, unanimously tender to your Excellency their Resignations, and that your Excellency was pleased to accept the same ; and humbly to request your Excellency to inform this House, without Delay, whether such are the Facts, and also to communicate to this House full In- formation relative to the Cause of Disagvecment between your Excellency and your said late Executive Council, as 'iir as lies in your Excellency's Power to make known ; as also to furnish this House with Copies of all Communica- tions between your Excellency and your said late Council, or any of them, on the Subject of such Disagreement and subsequent Tender of Resignation. (Signed) Marshall S. Bidwell, Speaker. Commons House of Assembly, IHh March 1836. Second Enclosure in No. 7- Enclosure No. 2. His Excellency's Reply. Gentlemen, Nothing can appear more reasonable to my Mind than the Surprise and Anxiety which the House of Assembly express to me at the Intelligence they have received of the sudden Resignation of the Six Members of the Executive Council, for with both these Feelings I was myself deeply impressed, when, firmly relying on the Advice, Assistance, and cordial Co-operation of my Council, 1 unexpectedly received from them the embarrassing Document which, with my Reply thereto, I now, at the Request of the House of Assembly, willingly present to you. With every Desire to consult my Council, I was preparing for their Consi- deration imj)ortant remedial Measures, which I conceived it would be advisable to adopt -, and had they but afforded me those few Moments for Reflection which, from my sudden Arrival among you, I tluicied I might fairly have claimed as my Due, the Question which so unnecessarily they have agitated would have proved practically to be useless. Had they chosen to have verbally submitted to me in Council that the Re- sponsibility, and consequently the Power and Patronage, of the Lieutenant Go- vernor ought henceforward to be transferred from him to them, — had they even, in the unusual Form of a written Petition, recommended to my Attention, as a new Theory, that the Council, instead of the Governor, was to be responsible to the People, I should have raised no Objection whatever to the Proceeding, however in Opinion I might have opposed it ; but when they simultaneously declared, not that such ought to be, but that such actually was the Law of the Land, and concluded their Statement by praying that a Council sworn in Secrecy to assist me might be permitted, in case I disapproved of their Opinion, to communicate with the Public, I felt it my Duty, calmly, and with due Courtesy, to inform them, that they could not retain such Principles together with my Confidence j and to this Opinion I continue stedfastly to adhere. (41.) U I feel 154 DESPATCHES FROM SIR F. B. HEAD, Bart., No, 7. Sir F. B. Head to Lord Glenelg, 21(t March 1836. Enclo8uro No. 2. I feel confident that the House of Assembly will be sensible that the Power entrusted to me by our Gracious Sovereign is a Subject of painful Anxiety— that from the Patronage of this Province I can derive no Advantage — and that I can have no Object in retaining undivided Responsibility, except that which proceeds from a just Desire to be constitutionally answerable to His Majesty in case I should neglect the Interests of his Subjects in this Province. With these Sentiments I transmit to the House of Assembly the Documents they have requested, feeling confident that I can give tiiem no surer Proof of my Desire to preserve their Privileges inviolate than by proving to them tliat I am equally determined to maintain the Rights and Prerogatives of the Crown, one of the most prominent of which is, that which I have just assumed, oi' naming those Councillors in whom 1 conscientiously believe I can confide. For their Acts I dehbcrately declare myself to be responsible, but they are not responsible for muie, and cannot be, because being sworn to Silence, they are deprived by this Fact, as well as by the Constitution, of all Power to defend tliemselves. Enclosure No. 3. Third Enclosure in No. 7. To His Excellency Sir Francis Bond Head, k.c.h., &c. &c. &c. Executive Council Chamber at Toronto, May it please your Excellency, Friday, 4th March 1896 The Executive Council, impressed with the Oatli they have taken to dis- charge the Duties necessarily resulting from their Appointment " to advise the " King and His Representative in the Government of this Province," in the Terms of the Constitutional Act, " upon the Affairs of the Province," deem it incumbent upon them most respectfully to submit the following Representa- tion : — The Executive Council recognize the Truth of the Opinion expressed by Loud Glenki.g, that '* the present is an Era of more Difficulty and Importance " than any which has hitherto occurred in the History of this Part of His " Majesty's Dominions." This unhappy Condition they ascribe, in a very great Degree, to the hitherto unconstitutional Abridgment of the Duties of the Executive Council. It appears from the Proceedings of the House of Assem- bly, and from the Reiteration of established Opinion in the Country, that neither will public Expectation be satisfied, nor Contentment be restored, until the System of Local Government is altered and conducted according to the true .Spirit and Meaning of the Constitutional Act. The Delay of this just and indispensable Course has already excited in the great Mass of the People, a lamentable Jealousy and Distrust, and has also induced the Discussion of Constitutional Changes, the Desire for which, unless speedily arrested, by affording the unrestricted Operation of the 31st George 3, Chapter 31, will not only become more fixed, but rapidly increase to a greater and irretrievable Extent. The Policy and Measures which have led to the present Condition seldom passed under the Review of the Executive Council, or were submitted for their Advice. Nevertheless, its Members have been undeservedly subjected to the heaviest Reproach throughout the Country, from a prevalent Belief that they have been called upon to fulfil the Duty imposed upon them by the Constitu- tion, as Advisers upon Public Affairs. But amidst the Obloquy thus thrown upon them, they have studiously avoided any Attempt at Exculpation by disavowing, in their Defence, any Participation in the Conduct of the Affiiirs which they were erroneously supposed to have approved. The Consequence of this silent Endurance of political Odium has been the Pei-petuation of the ^Misbelief that the Executive Council are conversant with the Affairs of the Province, upon which they are appointed to advise ; and although an opposite Practice has generally prevailed between former Lieutenant Governors and their Council, yet it has ever been notoriously contrary to the State of Things presumed by the Community to exist. Public Opinion respecting the Executive Council and their Duties, ha.s been founded upon the Terms of the 31st George 3, Chapter 31, to which Statute the People used to express a firm Attachment, an Attachment which the Coun- « oil ON THE SUBJECT OF CANADA. 165 cil helieve never would have been impaired iiad the Constitution been admhiis- tered either according to its Letter or its Spirit. In several Clauses of 31st George 3, Chapter 31, the Executive Council is mentioned in general Terms. In the 34th Clause the Terms are " together «• with such Executive Council as shall be appointed by His Majesty for the " Affairs of such Province," and not, as it would other\vise have been expressed, " together witli such Executive Council as shall be appouited by His Majesty " for that Purpose." In the 38th Clause the Terms are " with the Advice of " such Executive Council ;is ohall have been appointed by His Majesty, His " Heirs or Successors, within such Province for the Affairs thereof," and not, as it would otherwise have been expressed, " with the Advice of such Execu- " live Council as shall have been appointed by His Majesty, His Heirs or " Successors, within the Province for that Purpose." The same may be said of similar Terms used in the latter Part of the Seventh Clause. With respect to which Clauses it may be further remarked, that had it been contemplated that the Executive Council were to act only in the Matters therein specified, the Words " on the Affairs of such Province" might have been omitted, without in the least impairing the legal Effect. In the Construction, tlierefore, of this Statute, the above Expression cannot be treated as Surplusage, but must be taken to impose tiie Duty which it imports. From the Language of this Statute, therefore, it aj)pears : Firntlj/, That there is an Executive Council. Secondljj, That they are appointed by the King. Thirdly, That they are appointed to advise tlie King and His Representative upon " the Affairs of the Province." No particular Affairs are specified ; no Limitation to any particular Time or Subject. As the Constitutional Act prescribes to the Council the Latitude of " the Afliiirs of the Province," it requires an equal Authority of Law to narrow those Limits, or relieve the Council from a co-extensive Duty. Every Representative of tiie King, upon arriving from England to assume the Government of this Country, is necessarily a Stranger to it ; and the Law has provided for a Local Council as a Source of Advice, which when given, is followed or not, according to his Discretion. In certain Cases specified in the 38th Clause of the 31 Geo. 3, Chap. 31, the Concurrence of the Council is required to give Effect to certain Executive Acts. But these Exceptions prove the general Rule ; viz. that while the Advice is to be given upon the Affairs of the Province generally, it is only in the particular Cases that it must harmonize with the Pleasure of the Crown to give that Pleasure Effect. Indeed if the Law could be construed to limit the Advice to the particular Cases, it would follow that the Council could not legally and constitutionally advise upon any others ; a Proposition which, be- sides its manifest Repugnance to the Terms of the Act, is contrary to received Opinion and Usage. But while the Constitution has assigned to the Council this Duty, it is only to a very subordinate and limited Extent that they have heretofore had Oppor- tunity afforded them to perform it. It is submitted that the Exigency of the .Statute can only be answered by allowing the Affairs of the Province to pass under their Review for such Advice as their Consciences may suggest, prepa- ratory to the final and discretionary Action of the King's Representative upon those Artiiirs. The Council meeting once a Week upon Land Matters, while the Affairs of the Country are withheld from their Consideration and Advice, is as imperfect a Fulfilment of the Constitutional Act as if the Provhicial Parliament were sum- moned once a Year to meet the Letter of the Law, and immediately prorogued upon answering the Speech from the Throne. In both Cases the true Meaning and Spirit of tlie Constitutional Act require that the Parliament should have a general and practicable Opportunity to legislate, and the Executive Council to advise, upon the Affairs of the Country. In the former Case, the Represen- tative of the King can withhold the Royal Assent from Bills, and in the latter, reject the Advice offered ; but their respective Proceedings cannot be constitu- tionally circumscribed or denied because they need the Expression of the Royal Pleasure thereon for their Consummation. (41.) U 2 The No. 7. Sir F. B. Head to Lord Glenelg, 21 St iMarch 1836. Enclosure No. 3. I . ;! : "i ;MI ; ', ii Mt ,'i 1 ■ 1 ! i ■ ,: 1, 1, m i,. Jy|. Ml i^ij^ 136 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 7. Sir F. B. Head to Lord (ileneig, 21st March iSJo. Enclosure No. ". The Extent and Importance of the Affah's of tlie Country have necessarily increased with its Popuhrtion, Wealtli, and Commerce, and the Constitution has anticipated tlie Difficulty by a Division of Labour and llesponsibiUty, from the active Attention of tiie Executive Council to their Duties. With the Exception of those Matters of so weighty or general a Ciiaracter as not properly to fall under any particular Department, and therefore fitted for the Deliberation of the Council collectively, it is recommended that the Affairs of the Province be distributed into Departments, to the Heads of which shall be referred such Matters as obviously appertain to them respectively. Upon this Principle (recognized by the existing Constitution of this Province and of the Mother Coimtry) the People have long and anxiously sought for the Administration of their Government under the lle})rescntative of the King ; and the Council most respectfully, but at the same Time earnestly rej)resent, that public Opinion upon t!ie fSubject is so fixed, and becoming so impatient, as to preclude the Possibility of denying or delaying the Measure, without increasing public Dis- satisfaction, and leading to the final Adoption of other Views, as already too universally manifested, uncongenial to the Genius of the Constitution, and most dangerous to the Connexion with the Parent State. Tlie Remedy, it is feared, is now proposed too late for all the Advantages desired ; but the longer it is withliekl, the more alienated and irreconcileable will the i)ublic Mind become. The })resent comparative Calm and Thankfulness arise from a Belief that the Council will second this Exisrerjy, in establishing a System of Governmeiit accoriling to the Principles recognized by the Charter of the Liberties of the Country, an Ex])ectation which tlie Council are most anxious to realize. Should such a Course not be deemed wise or admissible by tlic Lieutenant Governor, the Council most respectfully pray that they may be allowed to disabuse the Public from a Mi.sapj)rehen.sion of the Nature and Extent of the Duties confided to them. (Signed) Pktkr Uohinson. Gkokge H. Maiikland. JosKi'H Wrn.Ls. John 1L Dunn. iloilEllT IJaI.UWIN. John Rolpii. Enclosure No. 1 Fourth Enclosure in No. '^. His Exckli^ency's Rki'ly. F. U. Hkad. The Lieutenant Governor transmits to the Executive Council the fi)llo\ving Observations, in rej)Iy lo the Document which in Council they Yesterday addressed to him. The Constitution of a Ihitish Colony resembles but is not identical with the Con.stitution of the Mothe.' Country, f()r in England, besiiles the House of Connnons which represents the People, there exists a hereditary Nobility, the Honours and Wealth of which, as well as the Interests of the Established Chiurli, are represented by a House of Lords, while the Sovereign (who by Law can Cw no wrong) is surrounded by a Ministry, upon whom devolves the entire Responsibility of the Measines they suggest, and who are conse(|nently removable a' ))leasure. Rut in the Colonial Porticn of the Hritish Kinpire, which, however rising, is giMUially .speaking tiiinly iniiahiteil, the People are represented by their House of Assembly, which is gifted not only with the' same Connnand over the Supplies as in Fngland but wliieli ])o.ssesses within the Colony most of the Powers of the Rrilisli House of Conmioiis. 'Hie LegisLi- tive CoiUK'il is inteiuletl, as far as the Circumstances of a young Colony can permit, to resemble the Rritish House of Lords, and if the Lieutenant (iovernor stood in the Place of the Sovereign, and if like His Majesty he cou'd do iin wrong, it would evidently be neces.sary that a Ministry, Exi'cutive Council, or sonu' other IJody of Men should be appoiiiteil, who miglit be icsponsible to the Country for their Conduct. » Vv.s ON THE SUBJECT OF CANADA. 157 This, however, is not the Case ; His Majesty delegates his Sovereign Protec- tion of His Colonies to no one, but He appoints a Lieutenant Governor, who No. 7. Sir I'. U. Head whose Representation, Prayer, or Petition the King is not most willing to attend. The Lieutenant Governor is therefore the responsible Minister of the Colony, and as not only his Character but his Continuance in Office depend on his attending to the real Literests of the People, it would be evidently as unjust towards him that he should be liable to Lnpeachment for any Acts but his own, as it would be unjust towards the People that a Responsibility so highly im- portant to their Literests should be intangible and divided. It is true his Knowledge of the Country is not equal to that of many intelligent Individuals witiiin it," but in Government Impartiality is better than Knowledge, and it must he evident to every well constituted Mind that in an intimt State of Society it would be impossible practically to secure a sufficient Number of im- partial Persons to elfect a C'hange of Ministry as often as it might be necessary for the Interests of tlie People to do so. Tliis Difference between the Constitution of the Mother Country and that of its Colony is highly advantageous to the latter; for, as in all small Connnuni- tics private Interests and party Peelings must unaNoidably be confiicting, it is better as well as safer that the People should be enableil to ai)i)eal in Person or by Petition to tiie Lieutenant (Jovernor himself, whose Duty it is to redress their Complaints, and who is liable to Dismissal if he neglects them, than that they should aj)peal to a Series of Provincial Ministries, composed of \arious Individuals. To enable the Lieutenant Governor to perform the arduous Duties of his Office the Constitution has wisely j)rovided him with an Executive Council, competent to supply him with that local Knowledge in which he may be deticicnt, and to whom he may a])ply for Counsel and Advice. Ik'fore he entrusts himself to these Cientlemen, they are by Order of His Majesty recjuired solenndy to swear, not oidy to give to the Lieutenant Governor their best C'ounsel and Advice, but they are also sworn to Secrecy. Their individual Opinions can never be divulged, ct'i'.n to the Kiii^' ; and as a Proof that His Majesty does not hold tliem responsible for the Acts of His Lieutenant (lovernor they can retain and oiten do retain their Office of sworn Advisers, altliougli Governor afler Governor may have been dismissed. The Advantage of such a Council to a Lieutenant (lOVcrnor is so self-evident that he nuist be weak and self-sufficient indeed who does not contiiuuilly have Recourse to it ; but although it strengthens his Judgment and "outers Dignity on his Proceedings, yet in no Way does it shield him from Disg/'ce, sliouUi his Acts be found contrary to the Interests of the People. In such a Case it would he vain, as well as unconstitutional, for a Lieutenant (Joveruor to attempt to shield himself from Responsibility, by tiu'owing it upon his Council ; ibr by his Oath he cannot even divulge which of his Advisers may have misled him. Supposing, for instance, that with the concurrent Advice of his Council he was illciially to eject by niilitary Force an Individual fiom his Land, the Lieutenant Governor would be liable to Arraignment, aiul whetiier he had acted by the ()|)inion of the Law Officers of tiu' Crown, by the Advice of his Council, hy Intoiination ilerived from Hooks, or from his own erring Judgment, it has hecn wisely decreed that the injureil Subject shall look to him, and him alone, f(>r iJi'tribiUion, and that he, and he alone, is answerable to his Sovereign for the Act of Injustice which has been conunitted, Being therefore subject both to Punishment ami Disgrace, it is absolutely ni'ci'ssaiy, as well as just, that the Lieutenant Governor of a Colony should have liili Liberty (o act (though at his Peril) in every Case as he may thiidv hi'st lor the Interests of the l'eoi)le, according to the Cominanils of His INlajesty and of His Majesty's Ministers. To consult his Council on the innumerable •Sulijects upon wliieli he has daily to decide would be as utterly impossible as tor any one but himself to decide upon what I'oints his Mind retpiired or needed not the Advice of his Coimeil. Upon their sterling Fimd he nnisl therefore coMslihilionally draw whenever Lmbarrassment recjuires it; and on tlivir Part, (11.) U -J if ' ■ 1 1 m illpi ,„.!'» I 158 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 7. Ac !•. B. Head to Lord (ilenelg, :ist Mutch 1836. Knclnsuro No. 4, if they faithfully honour his Bills, however ofu-n he may present them, they con. scientiously fulfil to their Sovereign, to him, to their Country, and to their Oath, the important Duty which they have sworn in Secrecy to perform. Having concluded the above Outline of the relative Responsibility of the Lieutenant Governor and his Executive Council, as it regards His Majesty's Colonies in general, it may be observed with respect to this Province in parti- cular, that when His Majesty, by Conquest, first obtained Possession of the Canadas, the Government thereof devolved upon the militi"y Commander, until by an Act passed in the Fourteenth Year of George III. a Coimcil was appointed *' tor the Aftairs of the Province of Quebec, to consist of such Persons resident " therein (not exceeding Twenty-three nor less than Seventeen) as His Ma- " jesty. His Heirs and Successors, shall be pleased to appoint, which Council so " appointed and nominated, or the major Part thereof, shall have Power and " Authority to make Orditumces for the Peace, Welfare, and good Government *' of the said Province, with the Consent of His Majesty's Governor." This Power of the Council was further restricted by ccrtjiin important Limi- tations, specified in Clauses 13, 14, 15, 1(), and 17 of the said Act; however, in tiie Year 1791» a riew Act was passed, commonly called the Constitutional Act, because it settled the Constitution of the Canadas, which were then divided into tiie Upper and Lower Provinces. By this Act the military Domination of the General and his Council was changed for a new and better System -, and as evidently both could not exist together, the very first Clause in the Act declared, '* That so much of the late Act " (14.th (ieo. S.) as in any Manner relates to the Appointment of a Council for the " Affairs of the said Province of Quebec, or to the Power given by the said Act «' to the stiid Council, or to the major Part of them, to make Ordinances for the " Peace, Welfare, and good Government of the said Province, with the Consent '• of His Majesty's (governor. Lieutenant Governor, or Commander-in-Chief " for the Time being, shall be and the same is uei'ealed." The Act then proceeds to stJite, "That there shall be within each of the " said Provinces respectively a Legislative Council and an Assembly," the Duties and Privileges of which are minutely declared in Thirty-three consecutive Clauses ; but in no Part of the said Act is an Executive Council directly or indirectly created ; nevertheless, a Vestige of the ancient one is, for the Purpose of a Court of Appeal (vide Clause 34), recognized, with an Expression which seemed to intimate that an efiicient Executive Council would very shortly he created. For instance, in Section 38 the Governor is, by Authority of His Majesty's Governnieiit and with the Advice of the ICxecutive Council, *' empowered to " erect Parsonages and llectories •," but in Section 3<) no Mention whatever is made of the Executive Council, but on the contrary it is declared, tliat the Governor or Lieutenant (Jovernor, or Person administering the (loverninont, should present the Incumbent •' to every such Parsonage or Rectory." In the Fifty Clauses of this Act in question the Executive Coiuicil, which in Section 31. is merely described as " such Executive Council an shall he appointed " by His Majesty," is scarcely mentioned ; and as regards even its I'^xistence, the most liberal Construction wiiich can possibly be put upon the said Act only amounts to this, — that as an Executive Council was evidently intended to exist, the llemnaiit of the old one ought not to be deemed totally extinct until its Successor was appointed. However, this latent Intention of His Majesty to create a Council for each of the Provinces of His Canadian Dominions, was soon clearly divulged in a most important Doeunient, commonly called " The h'infr's Jnslriic/ions," in which an Executi\(! Council was regularly constituted and declared as t()llows: — " Whereas we have tlioiigiit (it that there should he an Executive Council " Cor assisting you, or the Lieutenant (iovernor, or Person administering the •• (iovernmeut of the saiil Province of Upper Canada for tlie Time being; we " do by these Presents nominate and appoint the u»uler-menti(med Persons to " be of the Executive Council of our said i rovince of Ujjper Canatla," &c. &o. &e. In sidjsequent Clauses it was equally ])recisely defined u])on what Afliiirs of the Province the Lieutenant Governor was to iU't, "with the Admce of tk •' J'jjivutire Council;" but with the view distinctly to prevent the new Council being whut the old one hud been (vt'hich indeed undvv the new Constitution was utterly ON THE SUBJECT OF CANADA. 159 n each of the e consecutive utterly impossible), in short, to set that Question at rest for ever, it was declared in Section 8, " that to the end that our said Executive Council may be assisting « to you in all Affairs relating to our Service, you are to communicate to them '■ mich and so many of our Instructions wherein their Advice is mentioned to be " requisite, and likewise all such others from Time to Time as you shall " FIND CONVENIENT for our Service to be imparted to them." The Lieutenant Governor having now transmitted to the Executive Council his Opinion of their Duties, in contradistinction to that contained in their Com- munication of Yesterday's Date, will not express the Feelings of Regret with which, under a heavy Pressure of Business, he unexpectedly received a Docu- ment of so unusual a Nature from Gentlemen upon whom he had only recently ])laced his implicit and unqualified Reliance. But he feels it incumbent upon him frankly . nd explicitly to state that to the {Opinions they have expressed he can never subscribe ; on the contrary, that so long as he shall continue to be Lieutenant Governor of this Province he will never allow his Executive Council officially to assume that heavy Responsibility which he owes to his Sovereign, as well as to the People of this Province, to whom he has solemnly pledged himself " to maintain the happy Constitution " of this Country inviolate, but cautiously yet effectually to correct all real " Gnevances," Tlic Lieutenant Governor maintains that the Responsibility to the People (who are already represented by their House of Assembly) which the Council assume is unconstitutional, — that it is the Duty of the Coimcil to serve hitn, not them, and that if upon vital a Principle they persist in a contrary Opinion he foresees Embairujsments of a most serious Nature ; for as Power and Responsibihty must, in common Justice, be inseparably connecte*^ i/ith oacli other, it is evident to the Lieutenant Governor that it the Counci i^ere once to be permitted to assume the latter they would immediately as their Right demand the former , in which Case, if the Interests of the People should he neglected to whom could they look for Redress ? For in the Con- tusion between the Governor anti an Oligarchy composed of a few dominant Families, shielded by Secrecy, would not all tangible Responsibility have vanished ? The Council cannot have forgotten, that previous to their first Meeting in the Council Chamber, which happened only a few Weeks ago, the Lieutenant Governor had assured them in a Note (which was even publicly read in the House of Assembly) that although he had no preliminary Conditions to accede to, or to require, it was his Intention to treat them with implicit Confidence ; anil the Council must also remember how willingly they approved of the very first Suggestion he made to them, namely, that no importimt Business should he commenced in Council until they an well as the Lieutenant Governor himself had become mutually acquainted with their r- spective Duties. The Lieutenant Governor assures the Council that his Estimation of their Talents and Integrity, as well as his jjcrsonal Regard for them, remiiin unshaken, and tiiat he is not insensible of the Difficulties to which he will be exposed should they deem it necessary to leave him. At the same Time, should they he of opinion that the Oath they have taken requires them to retire from his Contiilence rather than from the Principles they have avowed, he begs that on liis Account they will i.ot for u Moment hesitate to do so. Government House, Toronto, .5th March 1^30. No.7. Sir K B. lltii.; to Lord Vitt;iirl>^. 21gt Match WMj. EncloKur No.'i. in m\::'A ' I. ,11 ■,!! il! i III, ■ (<'"i'y) Fifth Enclosure in No. 7« To His Excellency Sir Francis B. Head, Knight of the Royal Ilanoveiian (iiielphic Order, Knight ol'tlie Prussian Militiuy Order of Merit, Lieu- tenant Governor of the Province of Ujjper Canaila. May it please your Excellency, Wc, His Majesty's dutiful and loyal Subjects, the Mayor, Aldermen, and Conniionalty of the City of Toronto, most respectfully beg Leave to renres-ent, that at tli(> present moat difficult and iinjjortant Era in the History of tliis Pro- vince, when the Council had Ibndly h<)])ed that the Appointmen . of your (11.) U t Excellency Eni'losui I' No. .J m% No. 7. Sir F. U. Head t(i Lord Glcnelg, '21st March 1836. Enclosure No. .1. 160 DESPATCHES FROM SIR F. B. HEAD, Baut., Excellency to the Government of this Country, with the Accession to the Executive Council appointed for the Affairs thereof of Gentlemen of Talent known to possess liberal constitutional Principles, would liave ensured to its Inhabitants that wise, just, and liberal Policy so imperiously demanded to strengthen the Bonds of Union between tlic Mother Country and this Colony, this Council iiave with extreme Regret and Surprise witnessed these just Anti- cipations destroyed by the Dissolution of the late Executive Council, and tlie Appointment of another in their Stead, com])osed of Gentlem n who, however worthy in their individual i)rivate Capacity, are incapable, from then- well known political Views, of giving Satisfaction to the People ; and that this Council, OS tiie Representatives of the Inhabitants of tiie Capital of Upper Canada, (from these as well as other Causes not necessary to be here explained on account of their general Notoriety,) have no Confidence whatever in the present Provincial Administration, not deeming them competent to advise with the Representative of our most Gracious Sovereign upon the Peace, Weltlire, and Pros])erity of the Province. We therefore most humbly pray your Excellency to be pleased to dis- miss 3'our present Advisers, and call to your Council Gentlemen possessing the public Confidenco, as the only Measure, in the Opinion of this Council, calculated to ensure the Tranquillity of the Province at the present Crisis. By Order of the Council, * (Signed) T. D. MoRisoy, Mayor. City Council Chamber, IStli March 1836. Enclosure No. fi. Sixth Enclosure in No. 7« Mr. ^layor and Gentlemen, The particular Ii. forest which I take in the Welfare of this Capital, of which I am myself an Inhabitant, induces me to reply at some Length to the Addresii I have just received from you, in which you state, — 1st. That you have no Confidence in what you ten" '* the present Pro- vincial Administration ;" and 2dly. That you beg Leave to name for me other Individuals for that Station. With respect to a " Provincial Administration," although no such Power exists in this or any other Colony of the British Empire, I may remark, that very shortly after the late Addition to the Executive Council I observed that great Ertbrts were making to delude and persuade the public Mind that the new Council were entitled to claim the Responsibility, Power, and Patronage of the Lieutenant Governor, and that such an Arrangement would be highly advan- tageous to the People. Finding that this new Theory was rapidly gaining Ground, I resolved to offer it no secret ()pj)osition, nor in any M ay to exert my Infiuence to oppose it; but I determined, tiic very first Time it should come well within my Reach, that I would drag it into Daylight, in order that it might be openly, fairly, ami constitutionally iliscussed. From sevcia! '''(ecs I subsequently received Addresses on the Subject, which I did not deem it advisable to notice ; but. to my Astonishment, there suddenly ajipeared from a Quarter from which I eertaiidy least ex])eeted it, namely fi'oni the Executive Council itself, a Document (r. Cojjy of which had been inscribed in the Minutes of the Council, signed by all the Six Councillors,) o,:"nly declaring that what had secretly been promulgated respecting the Powers of the Executive Council was actually the Law of the Land. The Question being fiiirly bef()re nu', I deliberately opposed it, accepted thi' Resignation of (he Six Councillors, ami at the Uefjuest of the Assend)iy I laid bet()re that House the Communication 1 had received li'oni the Council, with my Reply. Tlie Subject was thus l()rmally brought l)el()re the Public, and liaving i)ert()rmed this Duty I felt comjjaratively indifferent as to (he Resnh; for if the Power and Patronage of this Province, which have hitherto been invested in the Lieutenant Governor, really belong to his Couni:il, I consider tliut, without Reluctance, they ougiit at once to be secured to them. The .1 „ J'^ ' ON THE SUBJECT OF CANADA. 161 icession to the [iicn of Talent ensured to its ' demanded to d this Colony, liese just Anti. luncil, and the who, however cm then- well and that this pita! of Upper here explained hatever in the tent to advise on the Peace, )leased to dis- nen possessing »f this Council, ;nt Crisis. MouisoN, Mayor. ipital, of which to the Address c present Pro- iduals for that 10 such Power y remark, that observed that 1 that the new itronage of the lighly advan- >s()lvcd to offer to oppose it ; lin my Reach, nly, fairly, and Subject, which there suddenly , namely from )oon inscrilied iilors,) (),:"nly the I'owers of The House of Assembly, however, cannot alter the Constitutional Act of this Province, neither can I ; and, as regards popular Meetings, I need hardly observe, that if the Inhabitants of the whole Province were simultaneously to petition me to alter a single Letter of that solemn Act, I have neither Power nor Inclination to do so. If it should prove that the Practice which has hitherto been pursued is erroneous, I will not for a Moment hesitate to acknowledge it ; and in that Case I should feel it my Duty at once to recall to my Council the Six Members who have resigned ; but I cannot be blind to the Fact that the Constitutional Act does not create any Executive Council at all. The Members of the late Council argue that the Claims they demand rest on the following Grounds : 1st. That the llesposibility they assume, being a popular Opinion which is daily increasing, is consequently the Law of the Land ; and 2dly. That though these Powers are not expressed in the Constitutional Act they were evidently intended to have been inserted. I conceive that these Arguments do not even require to be refuted ; and with respect to what General Simcoe or any other Governor may have de- clared, I will only observe that th.e Rights, Liberties, and Property of the Inhabitants of this Province would be in- .'ure indeed if they rested on any sucli Assertions. The Constitution of this Province is the sacred Charter of the Land ; and it is no less my Duty than the Interest of its Inhabitiuits that I should firmly maintain it, as I ever will, inviolate. If that Charter constitutes a " Provincial Ministry," it need only be shown to mc, to be secured j but I deliberately repeat that it contains no such Power. And, in my Opinion, were it to be now created, it would be productive of the most vicious Effects ; for if the Power and Patronage of the Crown were to be delivered over to a Council sworn to Secrecy, they would very soon fidl into the Hands of a few metr -"olitan Families, who might possibly^ promote their own Interests to the Seclusion of the Interests of the distant Counties ; whereas while these Powers continue invested in tlie Individual appointed by His Majesty to be the Lieutenant Governor of this Province, he can have neither Interest nor Inducement to abuse them. No one can be more anxious than I am that this plain constitutional Question should be gravely and calmly discussed ; for it will be impossible for me to attempt to correct the Grievances of the Country until I can prevail upon the Legislature to follow me cheerfully in the noble Object we have in view ; and I certainly do feel most deeply that, for the Sake of the People, the Country should determine to l."y aside private Feelings, that it should forgive and forget all political Animosity, and allow His Majesty's Wishes and my Instructions to be promptly executed. Wit!i respect to the Want of Confidence you express in the Council I have just b>.lected, I will only observe, that in my Judgment they appear to be sensible steady Men of Business, of high moral Worth ; an.i I cannot but recollect that one of these Gentlemen was only a few Weeks ago actually the Mayor of your own City, selected by yourselves as being peculiarly entitled to that public Confidence which you now declare is denicil to him ; anil with this Moral before yoin* Minds, you surely cannot In it admit what a political Storm would continually exist, were the Power and Patronage of this immense Province to be transferred from the Lieutenant Governor into the Hands of a "Provincial Ministry" at Toronto. No. 7. Sir F. B. Head to Lord Glenelg, 21st March 1836. Enclosure No. 6. mh \\'\ '! m I ' ■'' i<11 , accented the issembly 1 laid Coiuu'il, with Public, and to the Resiih; hitherto been ii il, I consider ■m. The No. 8. (No 2'!..) Coi'Y of a Despatch from Sir F. B. Heao, k.c.ii., to Lord Glenelg. My Lord, Torento, Uppi-r Cimndn, (Jth April 18:)6. _ As 1 propose to jHoroguc the Parliament on the '20th instant I feel that it mi^ht be convenient to your Lordship that 1 should shortly recapitulate the principal Events of this Session. (11.) X Your No. 8. Sir r, B. Head to Lord CJlcnelg, (jtli April 183G. m DESPATCHES FROM SIR F. B. HEAD, Bart., No. 8. Sir F. B. Head to Lord Glenelg, 6th April 1836. Your Lordship is aware that for some Years the House of Assembly of Upper Canadiv, following the Example of the Lower Province, complained of the Existence of what they temied their " Grievances," and that at the End oflajt Session these Complaints, which had been referred to a " Committee of Grievances," were by Order of the Assembly printed in a large Octavo Volume of 504< Pages, which was forwarded to His Majesty's Government as the Sum Total of the Com])laints of the People of this Province. His Majesty's Government ha. hig determined that these Grievances should be connected, Instructions to that Ett'ect were drawn out by your Lordship, in which each Subject of Complaint was separately considered, and an efiectual Remedy ordered ; and I have only to refer to those Instructions to prove tlie Generosity with which His Majesty's Government overlooked the abusive Language contained in the Report, and the Liberality with which they at once proceeded to administer impartial Justice to this Province. Your Lordship having done me the Honour to communicate to me by a special iMesseuger the Desire of the Government (to almost every Member of whicli, as well as to your Lordshij), I was a total Stranger,) that I should be selected to carry these remedial Measures into effect, I waited upon your Lordsliip, and respectfully bogged Leave to decline the Duty, truly urging as my lleason, that 1 had dedicatetl my whole Mind to the humble but important Service in wliicli, under the Poor Law Commissioners, I was engaged, aiul that it was more congenial to my Disposition to remain among the Poor of my own Country than assume the Stiition of Lieutenant Governor in Upper Canada. Your Lordsliip having been jileascd to repeat yovu" Request, 1 felt it impos- sible not to accede to your Wishes j and, having received the Instructions which had lx>en framed, and having been verbally conunanded by our Gracious Sovereign Hiinselli as well as by your Lordship, to do Justice to the People of this Province, I arrived here with a firm Determination to carry the remedial Measures vith which I was intrusted into full Eficct. I reached this Capital (Toronto) on the 23d of January, and on the 5th Feb- ruary I addressed a Despatch to your Lordship, of which the following is an Extract : •' On Sir John Colborne's Departure I endeavoured to make myself acquainted with the Outline of pub'ic Feeling in the Province by conversing calmly with the Men of most Abihty of all Parties. " I had several Interviews with the Chief Justice and the Officers of the Crown, Two long Conversations with Mr. M'Kcnzie, Member for York, Two Interviews with Mr. Bidwell the Speaker of the House of Assembly, and with others. " As fiu- as I am capable of judging, it appears to me that in general Terms a good Peeling jiervades a Majority of the People of this Province, who, intently occupied in their various Locations, are naturally desirous to be tranquil, and equally disposed to be loyal. " That Party Peeling, however, and Struggle for Office, which have existed so strongly in the Mother Country, have produced similar Excitements in tliis Province; added to which, strong Republican Principles have leaked into the Country from the United States. " These various Elements have long been conflicting together in the House of Assembly, which J iirndy believe inisre])resents the general Feeluig and Interests of the Inhabitants, who, as I have before stated, desire Peace, Tran- quillity, and a Continuance of I'^xemiition from Taxation; but, from the peculiar State of tlii . infant Society, all that is good and estimable remains at the IJottoni, while the Surfiice is agitated by factious Discussions. " As far as I have been able to .judge, I should say that the Rciiublican Party are implacable, and no Concession whatever would satisfy them, their selC-uit crested O hjct being lo ]iC)ss{,s tlicni.^clves of the Government of this Province lor the Sake of Lucre and Emolument. " Under these Circumstances, I considered that the great Danger I had to avoid was the slightest Attempt to conciliate any Parly, and that the oiilj Course for me to adopt was to act fearlessly, undisguisedly, and straight- forwardly f()r the Interests of the Country ; to throw myself on the good Scii« and good Peeling of the People, and abide a Result which I firmly believe will eventually be triumpu«!it. «« Wliatevtr On the 5th of 1 on the 5lli Feb- ire I'cace, Tran- ON THE SUBJECT OF CANADA. 163 « Whatever it may be, I shall steadily and straightly proceed in the Course of Policy I have adopted. I shall neither avoid nor rest upon any Party ; but, after attentively listening to all Opinions, I will to the best of my Judgment do what I think honest and right ; firmly believing that the Stability of the Throne, the Interests of this Province, and the Confidence of the People, can now only be secured by such a Course." On tlie 27th January I delivered to the Two Houses of the Legislature the following Speech : — " Honourable Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly, " As the Lieutenant Governor of this Province I am commanded by the King to lay before you the Answer His Majesty has been pleased to give to the several Addresses and Representations which proceeded from the Two Brandies of the Legislature during your last Session. " This Communication I shall submit to you in a Message, which will at once infonn you of the difficult and most important Duties about to devolve upon me as well as upon yourselves. " As regards myself, I have nothing either to promise or profess ; but I trust I shall not call in vain upon yna to give me that loyal, constitutional, unbiassed, and fearless Assistance which your King expects, and which the rising Interests of your Country require." The Effect produced upon the House of Assembly by this Speech showed too clearly how inshicerely they participated in the remedial Duties I had to perform ; for it was instantly moved, seconded, carried, and referred by the House of Assembly to a Committee to determine whether I had not connnitted 3 Brcacii of Privilege by making upon my Arrival any Speech at all. Notwithstanding this Reception I made every possible Effort to assure People of all Parties that I was not only ready but desirous to reform all exist- mg Abuses ; and, impressed with these Feelings, I might have expected that the House of Assembly would at once have urged me on rather more rapidly than I wished to remedy the Grievances of which they had so loudly com- plained. However, I hud soon Reason to suspect that that was the very last Object they had in view; and that, far from desiring to remove these Griev- ances, the Republican Members deemed them the Fulcrum tor subverting the Government, and for destroying the constitutional Liberties of the Province. Although I took several Opportunities of assuring the Speaker of the Assem- bly, and others of his Party, of my sincere Desire to do Justice to the People of this Country, according to my Instructions, yet no Inclination whatever was evinced by the House to assist me in carrying the Instructions of His Majesty'.s Government into effect ; but on the contrary, I received various querulous Adilresses asking for Papers and Information, the sole and evident Object of which was to excite useless Discussion. On the 5th of February I received from the House a very long Address of this Nature, moved by Mr. Mackenzie, to which, in a conciliatory Tone, I replied at great Length by a Message, a Cojiy of which I transmitted to your Lordship, and being now determined to urge, and it' possible to lead the House onwards to Reform, I conclndeil my Address in the following Words : — " Tiie Lieutenant Governor takes this Opportunity of appealing to the 1 " Liljcrality and good Sense of the House of Assembly for Consideration, that, j " as a Stranger to this Piovinoe, totally unconnected with the political Ditl'er- " cncos which have existed in the Mother Country, he has lately arriveil here, [" entrusted hy Our most Gracious Sovereign with Instructions, the undisguised " Object of wiiich is firmly • o maintain the hapjiy Constitution of this Country [" inviolate, hut to correct cautiously yet ellectnally all real Grievances. " Tli(> House of Assembly is deeply interested in tlie Iniiiorlance and Mag- " nitudo of the Task he has to perform; and he is confident it will, on Reflection, " be of o])inion that the Lieutenant Governor of this Province had better look " steadily forwards to lis f 11 1 ti re Prosperity and Iniprovenient,— tiiat he had better " attract into Ui)|)er Canada the superabundant Cajjital and Population of the " Motiicr Country, by encouraging internal Peace and Tranquillity, than to be '" observed occu])ying himself solely in reconsideringthe Occurrences (>('the past. " The Lieiitenant'"(Jovernor does not assert that the latter Occupation is j" totally useless, but he maintains that the former is by far the most useful, and I" that to attend to both is impossible." (H.) X 2 This No. 8. Sir F. B. Head to Lord Glenelg, 6th April 1836. !'.. ^' i m DESPATCHES FROM SIR F. 8. HEAD, Bart, No. 8 Sir F. B. Head to Lord Glenelg, 6th April 1836, Enclosures No. 1. to No. 6. Vide Sir F. B. Head's Despatch, No. 15. 21st March 183G. This Appeal to the Assembly produced no Effect at all, and ever^ Hour it became more evident to me, that Agitation, not Reform, was the Object of the Republican Party ; that the Grievance Report was a Fiction they did not wish to destroy ; that they were afraid to investigate it with me, and that their real Policy was to irritate instead of appease the public Mind. Pursuing this Course, they next, deserting entirely their own alleged Griev. ances, addressed me on behalf of Eight Individuals of the Wyandot Indians; a new Region of Agitation into which they had no Right whatever to enter, and that they had no Cause for doing so will be evident from the Fact that Eleven Members of the same Tribe forwarded to the House of Assembly a Counter-petition, in which they declared that they *' had the fullest Confidence " in the Justice and fatherly Protection of Our beloved Sovereign, and Hk " Representative the Lieutenant Governor." HaviniT declined to discuss this Subject with the Assembly, another new Set of GriA'arces were now agitated by the House in the Form of an Address to 1 >• Maitsty on Trade and Commerce, which I forwarded to your Lordship, aHf' J w • h I beg to refer. ' irin', r. ' these Discussions I purposely refrained from having almost any Coii..nunicai> . witli the old Suj)porters of tlie Government, because I wished to show the Kciormers that I had come to them unbir.3sed and unprejudiced; and wishing to give them a still further Proof tliat I would go any reasonable Length to give fair Power to their Party, I consulted Mr. Bidwell the Speaker of the House of Assembly, and with his unqualified Approbation I added Three Gentlemen to the Executive Council, all of whom were known Reformers, Two of whom wore particular Favourites of Mr. BidwelPs Principles, one being especially odious to the Constitutional Party. The whole of the Story relating to these Appointments I have had the Honoiu" to lay before your Lordship ; but I will here briefly remark, that no sooner was the new Council appointed than I observed that a mysterioiis Excitement was raised among the People to induce them to wrest from me my Responsibility, Power, and Patronage, and to transfer the same to these new- born Members of the Executive Council. Many of the Addresses I received on this Subject had evidently proceeded from the same Pen ; and had the Influence which was thus exerted continued to be secret, it would shortly have produced such powerful Effects that I might have found it almost impossible to have opposed it ; but very fortunately the Power exerted against me was too eager tor its Object, and the Battery was unmasked before the Enemy was sufficiently organized to man it. My Executive Councillors themselves suddenly claimed the Responsibility which had hitherto rested with the Lieutenant Governor ; and on my requiring them to resign, an Excitement suddenly burst out in the House v>f As: ' y beyond all Description. The Republican Party fitncying that their Object was attained, and that I was caught in the Net which had been so insidiously drawn around me, were exasperated at seeing me suddenly extricate myself from it; and the House, addressing me on tlic Subject, instantly suspended all Business until it had received my Reply. The whole Correspondence on the Subject, some of which has already been forwarded to your Lordship, I here annex, in a printed Form : it contains— f 1. The Address of the House of Assembly. 2. My Reply thereto. 3. Tlie Communication addressed to me by the Executive Council. 4. My Reply thereto. 5. An Acldress from the Mayor and Common Council of the City of Toronto. ^ G. My Reply. . 7. An Address, signed by the Mayor, fiom a public Meeting lield m the City Hall. 8. My Reply. 9. An Address from the House of Assembly. 10. My Reply. I trust that the Tone of my Answers to the above Communications will sufficiently prove to your Lordship how desirous I was to offer all possible Explanation, and to do every thing in my Power to govern and to be governed by Truth and Reason. At ON THE SUBJECT OF CANADA. 165 At the Time I conducted this Correspondence, I was perfectly sensible that I was friendless ; for the Republican Party had proved themselves to be implacable, and the Constitutional Party I had refused to join ; however, seeing that the Moment had now arrived for resolutely assuming my Position, I awaited tlie Result of the Conflict with a perfect Confidence proceeding from the Justice of my Cause. Tlie Success of these Measures has, I can faithfully assure your Lordship, equalled my most sanguine Expectations. Every Newspaper in the Upper as well as the Lower Province, excepting Mr. Mackenzie's Advocate, and One other, have in the most unequivocal Terms supported me in tlie Doctrine I have maintained. The Constitutional Party have joined me to a Man ; and in the numerous Addresses I have received are the Names of many influential Individuals who have hitherto been opposing the Government. Indeed, I can truly declare, that the intelligent Classes of every Denomination are rallying round me in a Manner which fully corroborates the Statement I first made to you on arriving in this Province ; namely, " that " all that is good and estimable remains at the Bottom, while the Surface is " agitated by factious Discussions." A very striking Example of this Fact occurred on Saturday last. As soon as the late Executive Council resigned, Mr. Macken? and his Party, at an immense Expense, forwarded to every Part of the Provinc prJ; ;d Copies of the annexed Circular, almost all of which wore franked by J - mbers of the Assembly. This Document, as your Lordship will obsi. ve, ended by a printed Petition to the House of Assembly, which only required the Insertion of the Name of the Township, and of the Subscribers. As soon as this Fire- brand was supposed to have caused sufficient Excitement, the i'our Members of the Metropolitan County of York, namely, Mr. Macki-nzie, Dr. Morrison, Mr. Macintosh, and Mr. Gibson, issued another Notice ( ich I also annex), dated '* House of Assembly," calling a public Meeting to be held Ten Miles from Toronto on Saturday last. As this County has been supposed to be under the complete Influence of Mr. Mackenzie and its other Members, it was agreed upon by the Constitu- tional Party that as they might be overpowered by Numbers they would not attend, and accordingly it was expected that the Radicals would completely carry the Day ; however, the Reply I had written to the industrious Classes of Toronto had been much read, and when the Meeting assembled on Saturday an unexpected Result took ])lace. Mr. Alackenzie totally failed in gaining Attention. Another Member, Dr. Morrison, who is Mayor of Toronto, was collared and severely shaken, and the whole Aftiiir was so completely stifled by the Indignation of the People that the Meeting was dissolved without the passnig of a single Resolution. Mr. Mackenzie and his Party afterwards assembled, and then went through the Form of carrying their ready-concocted Resolutions. The Effect which this unexpected Defeat will produce throughout the Province will, I am perfectly convinced, eventually break up the Radical Fac- tion ; and as soon as I have an Opportunity of visiting, as I propose to do if I remain here, every County in tlii;? Province, and of meeting and conversing with the Inliabitiuits, I feel quite confident that a Burst of Loyalty will resound from one End of the Province to the other ; for a more honest well-meaning Yeomanry and Peasantry cannot exist than His Majesty's Subjects in this noble Province. It is out of my Power to describe to your Lordship, without the Appear- ance of Exaggeration, the Joy andCJlladness expressed to me by all Parties at the Constitutional Resistance I have made ; but I will not conceal from your Lordship that there is one Question at this Moment in almost every body's Mouth, namely, " Will the Lieutenant Oovernor be supported hj the Home Govern- ment?" «' He never ivill!" say the Radicals. " I \'e fear he will not!" say the Constitutionalists. Your Lordship has to settle this Question ; and, in my humble Opinion, upon your Decision rests our Possession of the Canadas. I have the Honour, &c. The Right Hon. the Lord Glenelg, F. B. Head. &c. &c. &c. (41.) X 3 No. 8. Sir F. B. Head to Lord Glenelg, 6th April 1836. m m A liiliii lit' DESPATCHES FROM SIR F. B. HEAD, Bart., P No. 8. Sir F. B. Head to Lord Glenelg, 6th April 1836. Enclosure No. 7- Seventh Enclosure in No. 8. Address from a public Meeting held in the City Hall. To His Excellency Sir Francis Bond Head, k.c.ii., &c. &c. &c. May it please your Excellency, We, His Majesty's dutiful and loyal Subjects the Inhabitants of the City of Toronto, assembled under the Authority of the Mayor of the City, hcc^ respect- fully to submit to your Excellency this our Address, containing the Expression of our Sentiments and Feelings in reference to the late Changes in the Executive Council, and of the Opinions which have been expressed by your Excellency as to tlie Nature of the Constitution of this Province. Tliat Colonel Simcoe, the first as well as the ablest and most enlightened Lieutenant Governor of this Province, who was a Member of the Parliament of Great Britain when the Statute 31 Geo. 3. Chap. 31, commonly called the Constitutional Act, was passed, was the Bearer of that Act to this Colony, and was authorized undoubtedly by His Majesty's Government to declare to His faithful Subjects in this Province the Nature of the (constitution then about to be put into oj)eration for their Benefit, and who assured the People of this Pro- vince from the Throne, on the Opening of the First Session of the Provincial Parliament, that the said Act had " established the Un'/i.sh Constitution, and all the Forms which secure and maintain it, in this distant Country," and " that the AVisdom and Beneficence of our most Gracious Sovereign and the British Par- liament has been eminoiitly proved, not only in imparting to us the same Form of Government, but also in securing the Benefits of it by the many Provisions that guard that menioruble Act, so that the Blessings of an invaluable Consti- tution, thus i)rotected and amplified, they might hope would be extended to the remotest Posterity ;" and that the same Governor, upon closing that Session, specially cnjoii.'jd upon the ]\Iembers of the Legislature from the Throne to explain to the People of the Country, " that this Province was singularly blest, not with a mulilated Constitution, but with a Constitution which lias stood the Test of Experience, and was iha very Image and Transcript of that of Great Britain." That it is an essent al and inalienable Feature of the British Constitution thus assured to us, llut the King shall be assisted in all the Aftiiirs of Govern- ment by the Ad\ ;ce of known and responsible Coiuicillors and Ofiicers who possess the Confidence of the People, and of the Majority of their Ilepresen- tatives, and that our F;'llow Subjects in the United Kingdom would indignantly resent any Attempt to deprive them of this Part of their Constitution, as an Infringement upon their most sacred Rights and Liberties, and a Step taken to degrade them to the Condition of Slaves. That the recent Appointment by your Excellency of the Honourable John Rolj)h, Robert Baldwin, and John Henry Dunn, as Executive Coiuicillors, gave universal Gladness and Satisiiiction throughout the Pro\ince, those Gentlemen having been long known, beloved, and respected for the Talents, Acquirements, and Virtues which adorn their Characters, the liberal and patriotic Principles that they entertain, and the important Services which they lia\e resj)ectively renderetl to the People of this Province, and tliat the Selection of them by your Excellency as your Advisers disposed His Majesty's Subjects to hoj)e that a new and liapj)y Era had at length arri\ed in the History of this Prox ince. That we have learned with Surprise and Sorrow that those Gentlemen, together with the forniei- Members of yoiu- Excellency's Council, have found themselves under the Necessity of resigning their Seats, and that your Excel- lency appears to us to have taken Oii'ence for no other Reason than tiie respectful Expression of an Opinion in favour of the (Joverninent being conducted on the ackuowleilgvtl Principles of the British Constitution,— an 0])iniou supported by unanswerable Arguments, and which they were bound by every Obligation of Ilonour and Duty as faithful Councillors to express to your Excellency. That our most sincere Respect and Gratitude are due to those Gentlemen, and their late Colleagues in your Excellenty's Council, for the noble Efforts which they made in the honourable and upright Discharge of their Duties, to secure to the People of this Province the practical Benefit and faithful Applica- tion ON THE SUBJECT OF CANADA. 167 Eighth Enclosure in No. 8. His Excellency's Reply. Gentlemen. — Having Reason to believe that the Meeting from which you are a Deputation was composed principally of the industrious Classes, and being persuaded that the liberal Principle of the British Government, in what- ever Climate it may exist, is the Welfare and Happiness of the People, I shall niiike it my Duty to reply to your Address with as much Attention as if it had proceeded from either of the Branches of the Legislature, although I shall express myself hi plainer and more homely Language. 1st, I have no Wish to deny " that Colonel Simcoe was the first as well as the ablest and most enlightened Ciovcrnor of this Province ; that he was a Member of Parliament when the Statute 31st Geo, 3. Chap. 31., commonly called the Constitutional Act, was passed ; and that he was the Bearer of that Act to this Colony j" but I ask you, can this possibly alter the solemn Act itsi'lf ? for surely your own plain good Sense will tell you that Colonel Simcoe liail no more Power, either during his Voyage or on his Arrivid here, to alter the Charter committed to his Charge, than I had Power to alter the Instructions wliicli I lately dehvered Irom His Majesty to botli Houses of your Legislature ; and so, if Colonel Simcoe, instead of saying that the Constitution of this tion of constitutional Principles of the highest Importance to their Liberty and Pros])crity ; and that we are solemnly called upon at such a Crisis to declare our tirm and unalterable Determination to resist every Attempt to mutilate and deform our Constitution by the Denial of those Principles, or the Refusal of the full Benefit and practical Operation of them, and that the People of this Province will never, in our humble Oi)inion, be content with a System that is only a Mockery of a free and responsible Government. That wc feel it our bounden Duty to declare to your Excellency that the Gentlemen whom your Excellency has called to your Council, since the Resig- nation of your late Council, do not in any degree possess the Confidence of the People of Upper Canada. We further humbly express our Disappointment and Regret at the Remarks which your l-lxcellency has, by evil and unknown Advisers, been induced to animadvert upon the Circumstances imder which your Excellency caused your late Council to resign ; and that Respect which it is equally our Duty and Inclination to pay to the Representative of our most Gracious Sovereign forbids our declaring, on this painful Occasion, any otiier Feeling than that of an earnest Hoi)e that the Persons, whoever they may be, who have been guilty of such an Abuse of your Excellency's Confidence may be for ever discarded by your E'^xellency. In conclusion, wc beg leave to state to your Excellency, that as Subjects of the British Empire we claim all the Rights and Privileges of the British Con- stitution, and as Subjects of a British Colony ))ossessing the Powers of Self- government given to it by tlie Parent State we claim our Right that the Repre- sentative of the Crown shall be advl.-ed in all our Affairs by Men known to and possessing the Confidence of the People; and as the true Friends of His Majesty's Government and to the Permanency of our Connexion with the Parent State we earnestly entreat your Excellency to regard our Opinions and Remonstrances (firmly though we hope respectfully expressed), and to adopt Measiu'cs to calm the present extraordinary State of public Excitement, aggravated by the high Hopes created in the public Mind by the Removal of Sir John Colborne, and the Appointment of your Excellency to the Head of the Administration. By Order of the Meeting, (Signed) T. D. Morrison, Mayor, Jaues Lesslie, Chairman. Secretary. Toronto, 25th March 183G, No. 8. Sir F. B. Head to Lord Glenelg, 6th April 1836. Enclosure No. 7. Enclosure No, 8. (41.) X 4 Province 168 DESPATCHES FROM SIR F. B. HEAD, Babt., No. 8. Province " was the very Image and Transcript of that of Great Britain," had ^" ^' ^0**^"*^ thought proper to compare it to the arbitrary Governments of Russia or Con. Lord G°enelg, stantinople, it would in no way have injured your Liberties, or have altered 6th April 1836. one single Letter of the written Charter of your Land. Enclosure No. 8. 2d, I have no Wish to deny " that in the British Constitution the King is ■ assisted in all the Affairs of Government by the Advice of known and rcspon- sible Councillor.^, and Officers who possess the Confidence of the People," and who form His Majesty's Cabinet ; but Colonel Simcoe, who you yourselves state " was authorized undoubtedly by His Majesty's Government to declare to His faithful Subjects in this Province the Nature crf'the Constitution," created no such Cabinet, nor any Cabinet at all ; and from this Day, down to the present Hour, there has never existed any Ministry in the Colony, except the Gr vernor, who is himself the responsible Minister of the Crown. Supposing it were to be argued that Four Fifths of the Members of your House of Assembly ought immediately to be dismissed, because, in proportion to the Population of Great Britain and Ireland, there exist Five Times as many Members here as in the English House of Commons, would you not think it very irrational that this noble but thinly-peopled Colony should be made " the exact Image and Transcript" cf '..e Briti.sh Constitution merely because Colonel Simcoe happened to use these >/ords? Would you not immediately appeal to your Constitutional Act on the Subject? Would you deem it just that a young rising Province like this should be afflicted with the same expensive Machinery requisite for the Government of the Mother Country, 4,000 Miles off? Would you not very fairly argue, that as the whole Population of this immense Country ^.^Lceeds only by One Third that of the single Parish of St. Marylebone in London, and as the wliole of its Revenue does not equal the j)rivate Fortune of many an English Commoner, it would be unreasonable to expect that the People of this Province should be ruined in vainly attempt- ing to be the " exact Image and Transcript" of the British Constitution. But the Constitution which His Britannic Majesty George the Third granted to this Province ordained no such Absurdities, and you have only to read that Constitution to see quite clearly the Truth of this Assertion. The Yeomen and industrious Classes of Upi)er Canada should never allow a single Letter to be subtracted from or added to this great Charter of their Liberties ; for if once they permit it to be mutilated, or what may be termed improved, tliey and their Children become instantly liable to find themselves suddenly deprived of their Proj)erty, and, what is better than all Property, of their Freedom and Independence. By this Act you are of course aware that a House of Assembly, a Legislative Council, and a Lieutenant Governor, are appointed, but it creates no Executive Council ; and if People tell you that it does, read the Act, and you will see the contrary. Now, as regards the House of Assembly, you must know, that being your Representatives, they are of course answerable to you for their Conduct ; and as regarils the Lieutenant Governor, 1 publicly declare to you that I am liable to Dismissal in case I should neglect your Interests. But, contrary to the Practice which has existed in this or any other Britisli Colony, contrary to Colonel Simcoe's Practice, or to tiie Practice of any other Lieutenant Governor who has ever been stationed in this Province, it has suddenly been demanded of me that the Executive Council are to be rcspon. sible for my Acts ; and because I have refused, at a Moment's Warning, to surrender that Responsibility which I owe to the People, — whose real Interests I will never abandon, — I find that every possible political Eflbrt is now making to blind the public Mind, and to irritate its most violent Passions. But I calmly ask, what can be the secret Reason of all this? Is it usual for one Person to insist on bearing another Person's Blame ? or for a Body of Men to insist on receiving the Punishment incurred by an Individual superior to them in Station ? Why therefore should my Council, whose valuable Ad- vice, ■J.. t '( ON THE SUBJECT OF CANADA. 169 No. 8. Sir F. B. Head tu Lord Glenelg, 6th April 1836. vice, if it were not to be forced upon me, I should he most anxious to receive, be required to demand from me my llcsj)onsibiIity ? What Reason can exist for attempting to deprive me of the only Consolation which supports any honest Man in an arduous Duty, — namely, the Reflection that he is ready to atone for every Error he commits, and that lie is subject to Arraignment if he offends? Why should it be declared that Responsibility would be more perfect with my Enclosure No. 8, Council than with me ? Are they purer from Party Feeling.s, or less entangled — — — with their Family Connexions, than I am ? How can Gentlemen who have sworn to be dumb be responsible to the Yeomanry and People of this rising Province ' How could they possibly undertake to administer this Government, with Mouths sealed by an Oath which forbids them to disclose to any one the valuable Advice they may conscientiously impart to me ? The Answer to these Questions is very short. The political Party which demand Responsibility for my Council know perfectly wlU that the Power and Patronage or the Crown are attached to it ; and it is too evident, that if they could but obtain this Marrow, the empty Bone of Contention, namely, Re- sponsibility to the People, they would soon be too happy to throw away ; and from tliat fatal Moment wouUl all those who nobly appreciate Liberty, who have Property to lose, and wlio have Children to think of, deeply lament that they had listened to So))histry, had been frightened by Clamoiu", and had de- serted the Representative of our Gracious Sovereign, to seek British Justice from his mute but confidential Advisers. This Sup))osition, iKvever, I will not permit to be realized ; for never will I surrender the serious Responsibility I owe to the People of this Province ; and I have that Reliance in their Honesty, — I have lived so intimately with the Yeomanry and industrious Classes of our revered Mother Country, — that I well know the more I am assailed by Faction the stronger will be their loyal Support, — and that, if Intimidation be continued, it will soon be made to recoil upon those who shall presume to have recourse to it. The Grievances of this Province must be corrected — impartial Justice must be administered : The People iiave asked for it — their Sovereign has ordained it — I am here to execute his gracious Commands — Delay will only increase Impatience. Those, however, who have long lived upon Agitation already too clearly see their Danger, and, with surprising Alacrity, they are now taking every possible Measure to prevent nie from rooting up the Tree of Abuse, because they have built and feathered their Nests in its Branches. They asked, hcnvevcr, for the Ojjeration, and to Amputation they must very shortly submit j for " what's worth doing should always be done well." I have come here for the avowed Purpose of Reform, but I am not an Agita- tor; and, by Conunand of our Gracious Sovereign, I will maintain the Con- stitutional Liberties of his Subjects in this Province, and at the same Time encourage, to the utmost of my Power, internal Wealth, Agriculture, Commerce, Peace, anil Tranquillity. With res]>cct to my late Council I regret quite as much as you can do their Resignation but before they took the Oath of Secrecy (whicii appears to my Judgment to he an Oath of Non-respon.sibility to the People,) I addressed to them a Note which clearly forewarned them, as follows: " I .shall rclij on your gicing vie t/our unhiassed Opinion on all Sulijecfs respecting ichioh I viaij feel it adcisuhle to require it." Three Weeks after they had joined the Council they altogether, in a Body, disputed this Arrangement ; and accordingly we parted on a Matter of dry Law. No one can deny that my View of the Subject agrees with the Practice of Colonel Simcoe, and of all the succeeding Governors of this Province down to the Day of Sir John Colborne's Dejjarture ; but that is no Proof whatever that the Practice has been right, and if you would jjrefer to form your own Opinion of the Law read the Constitutional Act. With respect to my new Council, whose high moral Character I cannot but respect, I shall consult ! them as unreservedly as I had promised to consult those who have just resigned ; and if any competent Tribunal shall pronounce (41.) Y that M I 'ill i 170 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 8. Sir F. B. Head to Lord Glenelg, 6th April 1836. Enclosure No. 8. that they are responsible for my Conduct, no one will be agreater Gainer tlian myself by the Decision. In the meanwhile I shall deal openly and mildly with all Parties, and I trust that I can give you no better Proof of my own Intention to be governed by Reason than the Lxplanatiou I have just offered to yourselves, the Citizens and industrious Classes who attended the Toronto Meeting. Enclosure No. 9. Ninth Enclosure in No. 8, Address of the House of AssEjruLY on the new Appointments to the Executive Council. To His Excellency Sir Francis Bond Head, K. c. h., &c. &c. &c. May it j)lease your Excellency, We, His Majesty's dutiful and loyal Subjects, the Commons of Upper Canada in Provincial Parliament assembled, humbly beg leave to inform your Excel. Icncy, that we iiave with deep Regret learned that your Excellency has been induced to cause the late Executive Council to tender their Resignations to Seats in the Council under Circumstances which utill enabled your Excellency to declare that your Estimation of their Talents and Integrity, as well as your personal Regard for tiieni, remained iinc!".inged, and that under the present excited State of jjublic Feeling in this Colony, occasioned by the recent Pro- ceedings between your Excellency and the late Executive Council, and tlie Appointment of a new Council (as appears by the Gazette Extraordinary of Monday 1 Ith iNIarch instant,) composed of Robert 13. Sullivan, John E'iVisley. Augustus Baldwin, and William Allan, Esquires, this House fcA it to be a Duty they owe alike to His most Ciracious Majesty and to the People of this Colony, whose Representatives they are, to avail themselves of the first Opportunity to declare at once to your Excellency the (entire Want of Con- fidence of this House in the last-mentioned Ajjoointments, and deep Regret that your Excellency consented to accept the Tender of Resignation of tlic late Council, and humbly recpiest your Excellency to take immediate Steps to remove the ])resent Council liom such their Situation. (Signed) Marshall S. Bidwell, Commons House of Assembly, Speaker. March ^OUi IH'JG. Enclosure No. 10. Tenth Enclosure in No. 8. His Excellency's Reply. Gentlemen, In reply to your Ad Iress I assiu'c you that 1 very sincerely regret that tlu- House of Assembly shoulil entertain a A\'aiit of Coiilidenec in the Council I a]>pointi!(l on tlic IMli instant, as I faitiiliilly declare that nmler the Circum- stances in which I was jjlaced 1 made every Exertion to select Genllenieii that I thonght would be most acce))tal)k' to the House and to the People. I can assure file House (hat no oiu' lamented more than 1 liid the Resig- nation of liic lute Council, 'i'lnce of tlie Members of which, i.amely, iMosm\ Dunn, Haldwin, and l{ol))li, I had mysolf especially selected. With respect to the Reciuest " that 1 shoulil take innnediate Steps to remove the present Coinicil liom such their Situation," I might say tiiat 1 liml hopt'd the House would have refniihed irom any siicii (K'cided Expression n! its Opinion on the Subject until it had received "the Heport of tin.' ('onunilti'^' to whom the Suhject was reterri'd, and \\)v whom the (io\eriunent ( )llici' i^ now occupied in ftunisliing the documentary Evidence they des-re; but 1 ;ini unwilling to discuss that (Question. * * Willi ON THE SUBJECT OF CANADA. 171 agreater Gainer I I No. 8. Sir F. B. Head to Lord Glenelg, 6th April 1836. With respect to the "present excited State of public FeeHng in tliis Colony, occasioned by the recent Proceedings," I feel guiltless of being its Cause, inasmuch as to the House of Assembly, as well as to People of all Classes who have addressed me on the Subject, I have done every thing in my Power to assure them of my Desire that the Question should be calmly settled, according to the Spirit of the Constitution, and consequently according to the Interests Enclosure No. 10 of the People. I can assure the House, that far from entertaining any Determination to maintain my Opinion merely because I have uttered it, 1 should at this Moment he happy to abandon it if the Duty I owed to my Sovereign and to the People could permit me. My Mind invites rather than repels Conviction ; and hoping that the House will, on a Subject which nuist surely occu])y the Attention of the whole Country, meet me with a Desire to be governed by lleasoii and Truth, I will concisely once again submit to it my View of the Case. From the Time of General Simcoe to the Departure of Sir John Colborno the Practice of every Lieutenant Governor of this Province has been to con- side their Executive Councillors as Advisers sworn not to respond, or, in otiicr Word.s, nor to be responsible to the People. On my Arrival here, finding this had been the Practice, I also pursued it, hut on preparing to add Three pojiuiar Members to the Council, one of them, Mr. 11. Paldvvin, with the Sincerity which ibrms his Character, tells nie he thinks my Council, in spite of theii Oath, should respond to the People. To this Project I refiisc to accede ; a long Argument ensues, and at last I write to Mr. R. Baldwin a Note, of which the following :'■ an Extract : — " I shall rely on your giving me your unbiassed Opinion on all Subjects " icspecting which I may feel it advisable to require it." After receiving this distinct Statement of my Intention vof to alter the old Practice Mr. R. IJaldwin sends a Copy of the same to Dr. Rolph and Mr. Dmni, and they then, knowing uiy Sentiments, all Three join my Council. After sitting in theCouncilThree Weeks, Mr.Raklwin's conscientious Opinion again ap])ears, convinces the other Members, old as well as new, and the Subject iu a more formal Manner is officially brought before me, with a Request that if I disap])rove of the Opinion the Council may be alloweil to address the I'ooplc. On referring to the Constitutional Act I am unable to comprehend their Reasoniu'.;-, and we consequently part on the same good Terms on which we met, I retaining my unalteretl Opinion, while at least Pour of the Council have (since my Arrival) changed thens. The whole Correspondence I forward to the House of Assembly with an earnest Desire that, regardless of m) Opinion, the Question may be liiirly discussed. In the Station I hold I form One Rrancli, out of Three, of the Tegislafure, and I claim f()r myself Freedom of Thought as fimdy as I wish that the other T»vo Branches should retain the same Privilege II' T should see myself iu the M'^rong I will at once acknowledge my Ei'ror, hut if 1 should feel it my Duty to maiulain my Opinion, the House nnist know that there exists a constitutional Tribunal comj)etent to award its Decision, and to that Tribunal I am ever ready most respectfully to bow. To appeal to the People is unconstitutional as well as unwise; to appeal to tlu'ir Passions is wrong; but on the good Sense of the House of As^t'iuhly I liiive ever shown a Disposition to rely, and to their good Sense 1 still confidently appeal. (11) Y ^2 172 No. 8. Sir F. B. Head to Lord Glenelg, 6th April 1836. Enclosure No.lOd. Heads of the Petition and PUAYEB. Declares the Approhat'wn of the Petitioners of the Conthict of Messrs. Itolph, Baldwin, Dunn, Robinson, Wells, and MarUand. Is opposed to Sir F. B. Head carryinij on the Government without responsible Advisers. Ilegrets the Opposition given hij the Legislative Council to the Bills sent up hji the Assnuhly, and is in favour of an Elective Council. Prai/s that the Supplies may he withheld ; the King and Parlia- ment memorialized; and that the Assembli/ would elect its own Offi- cers, and stand /i_y the Principles avoiccd bi/ the late Executive Coun- ril, in which Course Petitioners pledge themselves to stand by the Members of the Assembly in case of a Disfiilidion. Euolosuro No.lOi, DESPATCHES FROM SHI F. B. HEAD, Bart., Tenth Enclosure (a) in No. 8. • CIRCULAR. Sir, Toronto, 21st March 1836. Tlie late Executive Council having boen per- mitted to remove the v'^eil wliicli concealed for upwards of Forty Years an important Pa it of the IVIachinery of tlie Government of Kv.-i C( lonv, there is a stronjf Disposition in th', IV'.emb ;rs of tlie House of Assembly, and the Per/pie Oi' this City, to uphold the late Council in the constitu- tional Stand which its Members have thus taken. In order the better to enable the Assembly to exert with Effect its Powers on behalf of the People wliose Interests its Members have been elected to promote, the Sense of the several A'illa,nes, Towns, Townships, and Places t!. ;ugh- out Upper Canada will have to be speedily taken, by means of ])ublic Meetings, either of Neighbourhoods, Townshi])s, or such other Localities as it may be fouml most convenient to assemble together on a short Notice. The grand Object is to stop thf, Supi'LIKs until we obtain the ])ractical Operation of the Constitu- tion ; for if this Step is not now taken it is evident that henceforth, as heretofore, all im- portant Business, all Appointments to and Dismissals from Office, will be proceeded in by the Lieutenant Ciovernor, on the Recommenda- tion of some Courtier or Favourite unknown to the Country, and very probably unworthy of its Confidence. The Reform Society of Toronto respettf'ully submit (or the Consideration of your Ncigh- bouihooil the Form of a Petition to the House of Asseml)ly, which has been a])proved of here, and which may be altered, changed, agreed to, or thrown aside, according as it may suit the Persons petitioning. Those who are fiivourable to the Principles and Opinions contained hi the Draft hereto attached should lose no Time in ffettintr as many Signatures as jiossible, and the I'etitions ay then be retiu'neil, by Mail, addressed to m the I nul ersiynei or if the i\I embers f()r die Part of the Coimtry from which any Petit ion all be sent are w ■11 aiowii and trieil Uc ''.)rniers, it coulil l)e more properly aildresscd to One of tliLm. I beg to recommend that voii use the utmost exertion ami I) isi)al('li 111 tills Matt er. And renuiin your fiiithlid Servant, W. L. lALvcKKNzir;, Secretary, Tentli J':nc!osure (/;) in No. 8. To the Honourable the House of Assembly. The humble Petition of the luulersignud Inhabitants of the Respectfully thoweth. That it is with Feelings of Sorrow and Regret tluit your Petitioners have witnessed the organized Opposition olU'rid by the Legislative Council, and by successive Lieutenant (iovernors, to tlu' I'loblo and sj)irited l';il()rls made in tlie lust and present Sessions ol' the Legislature by your Honourable llouso, «' to " to maintaii in accordance That the I have hitherto meat. They this distant L tlii> very wors engaged in Rights as 13ri them. That the C and the Mem Accession to Excellency's delegated to dissolving the often as he ma Minister of t nor tlic People for his pubhe " an iiitimt St Eiiglaiul ; and liill Liberty to Conrniands of t tiie Wants and That His Ex Council in favi Advice of a Co the People's R jiublic Affairs, hnnseif IxMind t Tiiat while H him by his Sovt and deny them t and maintain it, or given away tc the AiitJKn'ity ol from the PeopK Advantage ; l)i: out of the publi I'rococds sent t I lie speedy and t 111 1)0 "t!!.< first neglected, and whoever may lu; t '1' tlie Time be: That the publi liignieiited ; tlia lid more emba iiliide of the Co vouring to remo' His Majesty, cal ('lievanees from Tlial the very tlio Want of a I'ai'l of snccessi ''V the Legi^lat 'inieslly desire Century enables expressed durin. " piCHMit eoiisli " Knds lor whit alile Ihuly to pr 'lie Destiiielion viuce was not al (11.) ON THE SUBJECT OF CANADA. 173 tlu' IV'titions K ^' " to maintain as well as to amend the Laws and Institutions of the Country," No. 8. in accordance with the Advice of our revered Sovereign. ^" ^' ^' Head That the People of Upper Canada deserve kinder Treatment than they l^^^ GUnelg, have iiiUierto met with at the Hand of the Agents of the Britisli Govern- 6th April 1836. ment. They have fought, suffered, and bled to maintain its Supremacy in this distant Land; they have manifested their Love for the Constitution under Enclosure No.106. thi' very worst of Colonial Administraticr-s ; and have for many Years been ~— -^ enfcT'ed in a peaceful Struggle to obt ': a, practical Recognition of their Ilichts as British Subjects ; yet it appears that no ConHdeiice is placed in them. That the Correspondence between His Excellency Sir Francis Bond Head ami the Members of tiie Executive Council that was chosen by him on his Accession to the Government has revealed to the Pe()j)le, that it is His Excellency's Determination, not only to retain in iiis own Hands the Power (Iclcijated to him by his Sovereign, of dismissing the Executive Council, dissolving the Legislature, and a))pealing to the Sense of the People, as often as he may think it exjiedient so to do, but also to bo f/u; only resj)onsible Minister of the Colony ; he declares that neither the House of Assembly nor the Peojjle who elect its Members have the Right to call him to account for his public Acts, whether they be good or evil ; that Society here is in " an intimt State ;" that he will be answerable f()r his Proceedings only in England; and that he, considers it absolutely necessary tiiat he should have full Liberty to act in every Case as he may think best, according to the Conl^land:^ of the King and the Colouial Office, IjtJOO Miles distant, and where the Wants and M'islies of this Community are but little known. That His Excellency has declared, that to the Opinion of the late Executive Council in fa\our of u responsible local Government, and asking that the Advict' of a Council jjossessed at once of the Confidence of the Sovereign and the People's Representatives should be adhered to in the Administration of public Affairs, he can never subscribe. On the contrary, he did not feel liiniself bound to consult the Executive Council ou the Affairs of the Country, That while His Excellencv has thus resolved to hold the Powers intrusted to liini by his Sovereign to reduce British Sidijects to a Stxite of abject VassalagOj and deny them the Advantages of the Constitution and the Forms which secure and maintain it, the ])ublie Lauds, made valuable by their Industry, a e being sold or given away to Favourites, and the Proceeds of Land Sales e\])ei\led without the Authority of Law ; large Sums are annually raised in a A'ariety of Forms from the Peopk , iuul expended without their Consent, and seldom to their Advantage ; Dissension is kej)t up by the Payment of jiartieular Priesthoods out of the public P 'venue ; tiie Clergy Reserves are being alienated, and the Proceeds sent to I'^nghnul, instead of being apjjlied to educational Pini)oscs; the s|)eedy and satistiietory Adminisfraliou of .lustice, decku'ed by His J\Iajesty to be "t!i.> first and most sacrid Duty of a Sovereign," is in a great measure nciilected, and the Nomination of .lustices of the Peace left in the Hands of whoever may hai)])en to be the fluourite Courtier at the Government House ior the 'Pime being. Tliat file i)id)lic l)ibt, and the erest thereon, has been of late Years greatly augmented; that the tinancial Coi aition of the Colony is becoming daily more and more embarrassing; and that your Honourable House deserves the Gra- titude of the Country for your unwearied Industry in in{|uiring into and endea- vouring to renu)ve Abuses, in jjussing useful and salutary Laws, and in athlressiug His Majesty, calling His Attention to and praying lor the Removal of those (irievanees IVom which the Country has long aiul inellectually sought Relief. That the very g'-eat Lx])euse of each legislative Session is eliieliy caused by the Want of a cordial Co-oi)eration Milh }()ur llonourabli- House ou li!c Part of successive Lieutenant. (Jovernors, and by the systematic Ri'jection by the Legishuive Council of those Mills and Measures generally ami most carneslly desired I'ov the puldic lienelit. 'i'he Lxperience of nearly Haifa Century enables us to declare our entire (Concurrence in the Opinions you havu expressed during the nresent Session, •' that the Legislative Council, as at " present constituted, has utterly failed, aiul never can bv made to answer thft " Ends Hir wiiieh it was ere.ded." So great are the ||>ved Enemies of free Institutions. And, as a speedy Return to your Constituents iruty possibly be the Result of your Eirnuiess in tlie Defence of Liberty, we jjledgo ourselves to stand by you at the Hour of Trial with our Voices and Influence; and in order that there may be less Cause given for controverted Elections, ac jiray you to hasten to give etfect to a Bill for the better Regulation of liie Election Laws, which are at j)rescnt defective in some very important Feature.,. We further pray you, as the great Council of the rri'vince, to address the Lieutenant (iovernor, req,'"sting him to remove, as being imworthy of Trust, the Members of the '■'' rntive Council whose Names have lately been gazetted, and to appoin lis Councillors and principal Oflicers Persons pes- sesshig the Confidence ol y,'... Honourable House and of the Country. NAMES. NAMES. drievances Enclosure Ko. 10 c, Tenth Enclosure (<;) in No. 8. The Constitution in Dani'fr \ ! ! li^or •' In Govenimi'iil, Liij)arti(i/lti/ in liel/cr thin Kninrhdgc.'* J'. 1!. Head, Lt. Govornor. f OUNTY MEETlNCr. TO TIIE ELIX TORS OF TIIIJ COUNTY OF VOIIK. Gi.'nt1emen, Anxio, s lo reeeise your Tn.stractiotis, and to consult with you for the (lenolil of oiu" co'-.tnon Country in the jiiescn) important Crisis in its polifical Allaire We ri'spi. otf Villy invite the Freeholders and other Inhabitants of this H'leat County to meet together at Daii^'- fon Yonge Street, 10 .Miles North of i'li'^ City; at Eleven o'clock in the Forenoon of .Saturday the 'Jd of April ne.\t, to toke into consideration the State of tiic Colony, and to adopt Measures ii' may ajjpear to be best calculated to promote its PeaCi-, ^V'elfart , and f,'wJ Oovernmeut. T. D. JMoiiuisoN, 3d Riding. .Toiim M'Into.sm, -Ith Killing David Gnisov, 1st Riiling. W. L. Macklnzie/vM Riding. Jffuiisc ^'Assvmbl^f UOtU March kH30, ' '-■: ON THE SUBJECT OF CANADA. 179 J li'.vi),Lt. Governor. No. 9. (No. '26.) Extract of a Despatch from Sir F. B. Head, k.c.ii., to Lord G.'.enelg j dated Toronto, 21st April 1836. I HAVE the Honour to transmit to your Lordship an Address from the House of Assembly to His Majesty, as also Copy of One to the House of Commons, If^/reprobating, in unusual Language, my Conduct as Lieutenant Governor of this '^ Province. I liave also to inform your Lordsliip that the House of Assembly have deemed it their Duty to stop the Supplies ; that in consequence of this Proceeding I have reserved all their Money Bills for the Consideration of His Majesty, and that I have declined to grant their Contingencies. I also enclose to your Lordship a Copy of my Speech on proroguing the Provincial Parliament. Under these Circumstances, I feel it incumbent to submit to your Lordship a plain Statement of the whole Atfair. In my Despatch, No. 3., to your Lordship, dated 5th February, I stated as follows : " As far as I have been able to judge, I should say, that the Republican Party are im])lacal)le ; that no Concession whatever would satisfy them, their sclt'-interesteil Object being to possess themselves of the Government of this Province, for the Sake of Lucre and Emolument." In my Despatch, No. 9., dated 22d of February, I statetl to your Lordship as follows : " Having now infornied your Lordshij) of the Individuals I tave added to the Executive Council, with the Circumstances which liave preceded their Appointments (which, I trust, may be confirmed), it only remains for me to state, that, although Tranquillity in tliis Province is, I conceive, now momen- tarily establishetl, 1 do not expect that the present House of Assembly will (liscontin\ie their Agitations. " It shall be my Duty, however, to afford them no reasonable Cause of Com- ])laint to their Addresses, as well as to their Opinions ; I shall give every pos- sible Attention, and will afford them every Assistance to correct all real Grievances; but I am so convinced that every improper Concession wiH not only strengthen their Demands, but weaken my Influence in the Province, that I shall continue to resist, as I have hitherto dv)ne, any Demand that may at all tciul to undermine the hapi)y Constitution of the Province, as I believe that this Policy will eventually secure to the Lieutenant CJiovernor of Upper Canada (whoever it may be) the Contidence and the Support of the Community." To the foregoing Opinions ex])ressed to your Lordship I firmly continue to adhere ; and I refer to them for the Object of proving that the politiad State this I'rovinee recpiires no deep Experience, bat that its moral was evident to me before 1 had been a Month in this Capital. The Speech I Yesterday delivered, on proroguing the Provincial Legislature?, will sulliciently explain the Attempts I have m.ale to carry hito eft'ect the reme- dial Measmis with which 1 was entrusted. I will, therefore, only shortly observe, that the (Jlrievauce Report remains unopeneil ; that not one of the lU'iiieilies your Lordship prescribed has been earned, into effect j that, in fact* this(irievance Rei)ort was nothing but a revolutionary Ignis fiUuus, piu'posely lT('a^ I «> deceive the British (iovernmiMit ; and that, as 1 slated in my lkH>ii,Tch, lv.\ !Jj.., dated Hth of April, "flu- from desiring to remove these Oiiuvaiiccs, he Republican Vfembers deem them t'le Fulcrum l()r subverting the (jiiV'nuueii, ;nd for destroying the Coustitutiouul Liberties of the Province." The (leci'l'.'d Measures which your Lordship took promptly to correct the MIoged Cirii x.iiices which v ;'re brought before you have had the happy Effect iiliircakirig u, the Faction which, Irom Want of Firmness, has long been muleviniiiii!g the Constitution of this I'rovincc. lis l-lnomies are now unmasked, (H.) \ t -t- disarmed. No. 9.. Sir F. B. Head to Lord Gleneig, 21st April 1836. 176 DESiATCHES FROM SIR F. B. HEAD, Bakt., Nc. 9. Sir F. B. Head to Lord Glenelg, 21st April 183C. disarmed, and discomfited, and the Inhabitants of this Country are now indignantly exclaiming, as Cromwell said, •' You, who are deputed here by the People to get their Grievances redressed, are yourselves become their greatest Grievance." If the Sentiments contained in these Petitions from the House of Assembly were really the Sentiments of their Constituents, this Province might justly be said to be in a State of Revolt, whereas the Fact is, as I stated it to your Lordship in my last Despatch, No. Qi., that a Burst •• of Loyalty will very shortly resound from one End of the Province to the otlicr, as a more honest, well-meaning Peasantry cannot exist than His Majesty's Subjects in this noble Province ;" and, as a Proof of this Assertion, I refer your Lordship to the enclosed Addresses I have already received. Your Lordship cannot but remark, tiiat for the first Time in the History of this Province tiie Supplies have been stopped ; that the whole Country has been tiius thrown into Confusion ; and tliat the Period selected for this Vio. lence has been my Arrival with your Lordship's Instructions to correct all the (irievanccs of the Country. Had the Object of tiiose who have stilted them, solves Reformers been Reform, your Lordship's Instructions would have been hailed with Joy, instead of which they have been re})udiated by the Repub- licans, as tiie Enemy of their Hopes. The Case is fortunately so clear that no one, even in England, can now fail to understand it. " Why," it will be asked, " have the Supplies in Upper Canada been stopped ?" The Answer is, because the Comjjlanits of the Republicans were ordered to be corrected, aiul being thus driven otf their Grievance Ground, they were forced by your Lordship to unveil the real Object, which has been neither more nor less than to seize upon the Power and Patronage of the Crown. " And how," it will be asked, " Iiave they attempted to do this ?" I reply, by demanding that the Executive Council be henceforward responsible to the People, or, in other Words, to themselves, for the Acts of the Lieutenant Governor. And is this all ? No ; they further demand that the Legislative Council sliall be elective, or, in other M'ords, that it shall also be nominated by them- selves. iVnd if this ;I()es not betray their real Object — if this does not j)rove to People in England the traitorous, democratic Intentions of the Half Dozen Republicans, who have been allowed to agitate this noble Province, Facts are use' .'ss and Argument i > powerless. If the Oaty of the Lieutenant Governor of this Province merely consisted only in his being One Branch out of Three of the Colonial Legislature, even in that C ar.e there woulil be no more Reason why he should be governed by an Executive Council than that such a Botly should be created to govern the House of Assembly or the Legislative Council. But besides the Lieutenant Governor's Station in the Provincial Legislature he has to guard the Lands and I'roperty of the Crown ; in short, he is the only Individual in the Colony cc^npetent to consider the Interest of the British Empire, of which the Colony is bat an Atom. T'le Executive Council are his Privy Coimcil, to give him sworn Advice when he wants it, and not to " cncumlK'r him with Help" when he docs not iequiii' it. if i had been governed by my late Council, the Constitution of this Pro- lince would at this Moment be subverted, for it will l)e evident to your Lord- slii|) that the unanimous Demand they made upon me was contrary to Law. 'i'liis Doctrine v. as in 18;{t clearly explained l)y Mr. Stanley, who, in iteply to Mr. Roebuck's Motion, " that a Select Connnittee be appointed to inquire ijito the political State of the Canadas," declared as follows : — "The tiist I'uint to which the llonoiuahle Member referred was the Consti» tufion of the Executive Council. It may, perhaps, be necessary for nic to itifonu the House, 'hat the Executive Council is a Body acting in the Nature of the Privy Council in this Coimtry, advising the (Jovernor, but not responslDle to him, and t()nning a Council, against whose Opinion, as well as with k, lie may act." My Lord, I solemnly i)(Ter, as my most deliberate Opinion, that if this i)nc- trine be ever subverted, Democracy, in the worst possible Form, will prevail in our Colonic.-' rrovisions ij ON THE SURJECT OF CANADA. 177 1, can now fail 11 No. 0. Sir F. IJ. Heail !0 Liird file at if this Dk- Colonies. The Two Ihanchcs of tlic Lcj^islaturo iiave their respective Interests to atteiul to, which too otlen are made .siihservient to their private Views, but the Liciiteiiaiit (Jovernor is the Kititr's Sentinel, and if he be disarmed of the Power lie has received from the Imperial Parliament, and be fettered by his ^N'rAl'rirTsM; Provincial Council, the Republicans will move Heave j and Earth to become the Individuals to govern him. If the Power of the Lieutenant (iovernor is to be surrendered, I respectfully recommend that the Deed be done openly and in broad l)ayliii,ht, tor to hamper him by the Number of his C'ouucillors, or to oblige him to consult them when he does not need their Ailvice, v.oidd most surely produce the same Etfect, in a weak, discredita1)le Manner. As the Subject is of vast Importance, and as I believe our Colonial Possessions now hang upon your Lordsiii])'s Decision, I will proceeil to show with what Artifice the Republicans of the House of Assembly of this Province have endea- voured, in their Petitions against me, to attain this Object. The House of Assembly, in tiieir own Grievance Report of last Session, actually undertake to prove to His Mujtsty's (iovernment the Non-responsibility of the Executive Council of this Province, i)y the following Evidence of the Coun- eiHors themselves : Honourable George Markland examined. (See Grievance Report, p. 77.) Qiicsfioii. Is the Lieutenant Governor obliged, in Matters of State Policv, to ask your Advice as an E.\ecutive Councillor ? — Aii.sirer. In some Cases the Law directs that he shall consult his Council, but not in others. The Honourable P. Robinson examined. (Sec Grievance Report, p. !)L) Question. Is the Lieutenant Governor obliged, in Matters of State Policy, to ask your Advice as an Executive Councillor ;■' — Aiisircr. Only in Cases where the.'ilst of the King requires that he shall act with the Advice of the Execu- tive Council. The following is an Extract of Sir ,Iohn Colborne's Evidence on the .same .Subject, transmitted in a Mes.vige to the House of A.ssembly, and ordered by tliem to be ])riiite(l in the Grievance Report (see p. 301) : " The Lieutenant (iovernor is requested by the same Address to give what- ever Jnforniatiou it may seem to him ])roper to counnuuicate in resjiect to tlie Powers, l)uti(vs, and Responsibilities oi' the Executive Council, how far that Body is responsible for t!ie Acts of the Executive (iovernment, and how liir the Lieiiteirnit (iovernor is authorized to act with or against their Advice. "U|)on this I{e(piest of the House of Assembly, the Lieutenant (iovernor acquaints the House, that in respect to the I'owers of the Executive Council, in no Case, he believes, are Powers committed to them excei)t by the express Provisions of British or Colonial Statutes v\hich are known to the Hou.se of Assembly. In respect to the Diilie? us, in his Answer to our Address on the Sidjject; while, on the other hand, the Facts so denied are proved by the Testimony of R. B. Sullivan, J'^scj., and the Hon. CapUiin Baldwin, both of whom are still retained by His Excellency in the Council. For other Instances oiliis Deviation from Candour and Truth, as wi-'l as of his utter Unaccpiaintance witii the Nature of our Con- stitution, and tiie Mode in which it hiiould he administered, we refer to the appendrl Document.'-," If the above Statement liad ])een made to your Lordship, I should not feel it necessary to notice it ; but as it is addressed to the House of Connnons, and is intended to conceal the Weakness of their own Case by calumniating me, I will, as hridiy as possible, show your Lordship the wilful Misrepresentation it contains. The Day after my late Executive Council icMgned I gazetted Messrs. Sullivan Allan, Maldwin, and Elmsley, in their Stcjul, ami aijpointed a Day on which they were to be sworn in. ' On the Morning of this Dav Mr. Sullivan called upon me, and said, that he wished to retain the Place in\viiicli his Name h;id appeared in the Ga/ette, yet he wished it should be clearly understood, that ON THE SUBJECT OF CANADA- 179 thus state their in case of my Death it was Jiis Intention to resign. My Answer to him was, " Wiien I am dead you may uU do what you like." On assembUng in the Ante-chamber of the Council to be sworn in, Mr. Sullivan repeated his llequest, and begged that his Intention might be committed to ^V'riting before they were sworn in, and proposed that some Person should be procured to write a Memorandum of his Wishes. I replied, "Surely any one can write that ;" and I accordingly took up a Pen and wrote what he desired, which was signed in Presence of tlie other Councillors, and delivered to Mr. Allan, before any of them were sworn in. As soon as it was signed I said, " This liad better not be secret ; it had better be made tublic ;" and accordingly the following Day Captain Baldwin stood up in the legislative Council and made public the whole Arrangement. About Ten Days afterwards the House of Assembly, at the Request of the Committee to whom had been referred my Correspondence with my late Executive Council, forwarded to me an Address, requesting that I would lay before their House, "Copies of any Bond or Agreement I etween your Excellency and any of your present Executive Council, or between any Two or more of the said Council, by which it is stipulated in what Manner the Government shall be administered, or who shall atlminister the Government of this Province, in case of the above-named Occurrence." As I have stated to your Lordship, the Paper which was signed in the Ante-chamber of the Council, and there delivered to Mr. Allan, without any Minute in Council being made respecting it, did not stipulate " in what Manner the Government should be admhiistered" in case of my Death, nor did it stipulate who, in that Event, " should administer the Government of this Pro'ince ;" it merely stated Mr. Sullivan's Whim or Intention to resign ; and as that had been made public in the Way I have stated, I knew quite well that die Address of the House of Assembly, asking for my " Bond," was merely intended to insult me. I accordingly replied to the Address as follows : — " Gentlemen, " I i)ave entered into no Bond or Agreement of any Sort with my present Executive Council ; and I do not j)ossess, nor does there exist in Council, any Document of such a Nature b tween Two or more of the said Council." This was strictly correct, for I myself had entered into no Bond, nof did there exist in Council any Document of the Nature applied for. It was by the Advice of the Council, who read the Assembly's Address to me as well as my lle])ly before it was sent, that the above Answer was given ; and after it was transmitted I gave Mr. Sullivan Permission to go hefore the Committee (which he did\ and ex])Iain to them exactly what had taken plice, which he did in the following plain honest Evidence on the subject : — Q, 1. Are you the senior Member and presiding Councillor of the Exec... five Council ? — A. Yes. , 2. Is there any written Agreement existing between yourself ana any of the other Members of the Executive Council by which it is stipulated on your Part in what Way the (lovernnient of the Province should be admhiistered in tiie event of the Death, or Removal from tlie Province, of the Lieutenant Governor ? — T'liere is no Agreement in existence by which it is stipulated how tile Government of the Province shall be administered in the Invent mentioned ill the (Question. At the Time the Council were about to be sworn in I expressed a Wish that it might be understood that, in either of the I'lvents mentioned, it was my Intention to resign my Place as lixecutive Councillor, as it was not my Desire, in any Event, to fill the Situation of Administrator of the Government. At my Request this Intention was expressed in Writing, and I signed it. (41.) Z 2 a. Is Sir Lo 21st b'. IJ. Head to rd Cflcrit'lj;, April I8.«fi. 1 ••' i i; !>!il I 111, i , I !' I'l. )80 DESPATCHES FROM SIR F. B. HEAD, Baut., Si No. 9. F. B. Hei.d to Liird Glent'li;, Isi April 1830. S. Is the Instrument you mention under Seal or witnessed ?— It is neither under Seal nor witnessed. 1. Into whose Hands did you deliver the Document ? — Into the Hands ot the Hon. M'illiani Allan. o Did any other Person know of the Kxistence of the Document ? — Yes- it was not intended that my Intention should be secret; His Kxcellcncy the Lieutenant Goveruc vas present when it was read and deli\ered to Mr. Allan. G. Did His Excellency the Lieutenant Gov ernor write thi' Document, or was it written by His Excellency's Order ? — I proposed that my Intention Mould be expressed in Writing'-, and I wished that the Writing should be (hawi up In- some Person other than myself; upon which His Excellency, being present, was kind enough to draw it up. 7. Was the Writing intended to be legally binding upon you ? — Certainly not. 8. What was the Object or Intention of the Paper in question, if it was not intended to be legally binding? — It was intended for my own Satisfaction, that it might not be said that I iiad it in \\e\v to fill the Situation of Administrator of the Government. 9- Do you think you could constitutionally resign, in case of either of the above Events, and give place to another who coultl administer the Government - — I could transmit uiy Resignation to Ilis Majesty's Government, and decline taking ujjou myself the Ollice of Administrator of the Goverment ; I think it is the constitutional Right of any Individual to decline taking Office upon himself; and as to giving place to another, that is not the Act of the Peison declining Office, but of the Law. 10. Do you not think that in eitluT of the above Events taking place you would be the Administrator of the Government, without being appointed in any Way ? — The senior Executive ('ouncillor would, upon taking the Oaths ot Offitc, be invested with the Administration of the Government, without any iiirther Appointment. IL Do you think upon yoiu- Resignation, as above stated, the Administration cf the Government could l>e assumed by any other Member of the Council ?— I think it coukl, either upon my Resignation or upon ni)' Refusal to take the Oath of Office. ^Vith this Exidanafion before yo.ir Lordship, I must beg you to refer to the Artful and incorrect Statements made by the Asi-xunbly hi their Petition to the House of Conunons: — ■ 1st. They say that "a secret Arrangement was entered into," althout;h it had been, as I have stated, ))ublicly proclaimed to the whole Coimtry by one of tlie Mendjers of the new Executive Council in his Place in the Legislative Council. '2d. They say that this Arrangement was denied "by His Excellency to us in his Answer to our Address," altiu)ugh I denied no such Thing, but stated that I had entered into no Bond or Agrciinent, and tliat I did not possess, nor did there exist in Coimcil, any Document of such a Nature. It could not matter to me One Straw whether, when I was dead, Mr. Sullivan re>igued, or whether all the Councillors resigned. 1 could have no Object that Mr. Sullivan's Intention to resign should be secret; it' 1 Jiad I should not have reconunendeu it to be made public, ami should not have told Mr. Sullivau to go before the Conmrittee and explain his own Story. But the Rc))id)licans In the IloaiC of Assembly were uirable to answer the Corresp(nidenee which I had held with my late Executive Council, and foelini,' that they weic dead beaten they caught ;rt this Straw, and petitioned the House of Courmous, which tirey of coiri'se knew wer-e totally igirorant of the whole Subject, ag-nust what they have ternn^d my " Deviation (i'om Candour and Truth." ON THE SUBJECT OF CANADA. 181 -It is neither the Hands of iimcnt ? — Yes ; lis Excellency il ilolivered to ciment, or was itioii • lioiiid be L' (liawi up by being present, }U ? — Certainly n, if it was not atisfhction, that i" Admiiiistnitor •f either of the e Government ^ lit, and decline .>iit ; I tliink it ig Office upon t of the Person kiiiff phice you ipoinfed in any the Oadis (if it, without any Administration the Council ?— sal to take the to refer to the Petition to the 1," althouiih it oiintry hy one the Legislative lis Excellency ell Tliiiit?, but lat 1 did not Nature. I was dead, 1 could have secret ; it' I id should not plain his own to answer the cil, and feeling petitioned the unorant of the from Caiuloiir But But it is perhaps well they should have done so, as it will explain to the House of Coiniiions, as v/ell as to your Lordship, wiiat Sort of People the Ucvolutioiiists of Upper Canada are, and will prove the absolute Necessity of not ordering the Lieutenant Governor to be governed by his Executive Council, which might be composed of such Men. In this Event what would become of tlie I'roperty of the Crown ? what would become; of the Ilights of the People? I luive now submitted to your Lordship Facts wliich arc incontrovertible, and iiave replied to tlio Accusations which have been maile against me by the House of Assembly by merely contrasting them with their own Declara- tions. I must now jiroceed alone upon my own Testimony, to which I trust your Lordship will give that Weight which is due to the Station I hold. I have stated to your Lordshij) that the Instructions you gave me to correct the (irievanccs of this Country have had the Effect of breaking to pieces the Republican Party. The lo\ al Feeling which is now rising up to support me in all Directions is greater than I dare describe ; as a single Proof of v»fiich I will inform you that a Scene took place on my ])roroguing the Provincial Legislature which is unprecedented in the History of this Country. AHliough 'J'oronto is, and always has been, the Head Quarters of the Reformers, and though this Capital will suffer more than any other Part of the Province by the Stoppage of the Supplies, yet never before was the Parliament House so crowded, inside and out, as when I went there to deliver my Speech. As soon as it was ended, contrary to all Custom, a Hurst of Acclamation resounded ; Cheers were several Times rejieated, and a Crowd of most respect- alile People of all Parties actually endeavoured to take the Horses from my Carriage, to draw me to Government House. On the Sj)eech being read again by the Speaker in the House of Assembly, the (jallerv and Floor were equally crowded, and as soon as Mr. Speaker Bidwell had concluded Three Cheers were given in the House, altliongh never before had such a Demonstration of public Peeling been evinced. I am perfectly confident that the whole Country is disposed to rise up to support me, aiul I can assure your Lordship that I foresee no Difficulty what* ever in crushing the Republican Party and in establishing Loyalty, except a general Fear which prevails throughout the Country that the Home Go\ern- nieut will be afraid to support me. I tell your Lordship the Truth, for it is proper you shoukl know that the Reception which was given in I'^nglaiid to Air. Mackenzie has had the Effect of cowing the Loyalists and of giving a false Courage to the Ilepublicans. One Word of Firmness from the Briti.-h Government will now settle thu Question fiir ever ; but if you hesitate to sii|)port me, — if in your Lordship's reply to this Despatch you encourage, liy a single Word, the Ilepublicans, — they will instantly be rtnniimated, and will again utter their old Cry against " the weak trembling Go\eriiment of Great Britain." That they have mistaken British Generosity for Fear no one is more persuaded tliaii myself; but I earnestly entreat your Lordship to put Confidence in nie, for I pledge my Character to the Kct^ult. I solemnly r cclare to your Lordslii|) that I have no Ditliculties to contend with here that I have not already overcome ; the Ciame is won ; the Battle is gained as tar relates to this Country ; and I cannot give your Lordship a more practical Proof of it than by saying I want no Asajstance excepting the negative Advantage of not being uiulermiued at home. I am Hut myself in the least afraid of your Lonlship shrinking from support- ing me ; but if you knew the Feeling of this Country you would pardon my (U.) Z S +■ telling N.I. y siti: H. II Mi to Lord Glerjeli;, jtlst Ajiiil IV'M. im'i '•Mi; ^>. ^a IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■ 45 ■SO 1^ m ^ m 1^ 1^ Its 2.0 LLS. 1.25 1.4 1 16 4 6" .. V] W 7 /A ''W 7 Photographic Sdences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. MSSO (716) 072-4503 1 ,\ iV •N? L \\ ^V 6^ % 182 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 9, Sir 1-. \^. III l.i.ril (ilc 21st April t!e»d nelir, 18;UJ. telling you that the Loyalists, being incapable of understanding tlie generous liberal Policy u'der wliich the Home Ge crnnient have intended to act, mistrust it, and that the Republicans firmly look to it tor Support. In the present House of Assembly, which is composed of Sixty Members, Five of whom only are English, Five Irish, and Nine Scotch, there are Tiiirtecn American Members, many of whom have not only a Distaste for a Monarchical Government, and who are avowed Advocates for the Election of Magistrates, Legislative Councillors, &c., but who are desirous to upset the Constitution of this Province for the sake of reigning in its Stead (for which see their incorrect Accusations against me). Many of these Individuals attained their Places by the Encouragement which was given to Mr. Mackenzie in England ; and now that I have succeeded in turning the Tide, they will I hope sink for ever, and will be rejjlaced by intelligent loyal British Subjects, if your Lordship will firmly support me. Whether I may continue here or be rej)laced is a Subject I will not now discuss ; but as long as I do remain here, and just at the present Moment, it is of vital Importance that I should retain the Victory which has been won. Your Lordship is aware I have had some Experience in ascertaining the Opinions of the lower Classes in the Mother Country, and I have no Hesitation in declaring that in no Part of (rreat Britain does there exist so loyal a Dis- position as will be displayed in this Province, if we will only act towards it with Firmness and Decision. I shall never regret tlie generous Policy which attempted to produce here Tranquillity by Conciliation, for I at present owe to it my Success ; but my Speech to the Legislature will j)rove to your Lordship that we can carry that Policy no further ; that to Republicans the more we concede the more they demand ; tliat wlijle thev are ])ushing at the Constitution every Inch or Ground they gain redoubles their Exertions ; and that on the contrary if Resistance be sternly offered to them they give up the Attempt and run away. I fully expect that before a Month has elapsed the Country will petition me to dissolve the present House of Assembly, but until the Feeling is quite ripi- I shall not attend to it. I would therefore request your Lordship to senil me no Orders on the Subject, but to allow me to let the Thing work by itself; for it now requires no Argument, as tiie stopping of the Supplies of the Road Money, and all other Money Rills, will soon speak for themselves in a Provuicial Dialect which everybody will understand. The Language contained in the 92 Resolutions from Lower Canada, as well as in the Resolutions they have lately forwarded to the Government, the Language contained in the Grievance Report of this Province, in the Petitions now forwarded by the House of Assembly of Upper Canada against me, and in Mr. Speaker Papineau's Letter to Mr. Speaker Riilwell, are in my humble .Judgment subversive of all Discipline, and totally irreconcileable with the Allegiance due from its Colonies to the British Empire. I feel quite confident that if such Language be received by His Majesty's Government without a stern Rebuke it will be aggravated, and I theretim earnestly express my Hope that your Lordship will deem it proper to reprobate the Reception wliich, as the Bearer of your remedial Measiues, 1 have met witii by tlu' House of Assembly, aiul that you will by your Expressions firmly support me in the Course I have pursued. ON THE SUBJECT OF CANADA. 183 Sir 1". B. Head to Lord Gleiielg, 'J 1st April IMfi. Enclosure No, I. First Enclosure in No. 9- Petition of the House of Assembly of Uppeii Canada. To the King's most Excellent Majesty. Most Gracious Sovereign, Wi:, Your Majesty's dutiful and loyal Subjects, the Commons of Upper Canada, in Provincial Parliament assembled, humbly ap])roach Your Majesty retitlon from the with our renewed Assurances of Loyalty and Attachment to Your Majesty's House of Assendjly Person and Government. '" "'« ^'"K- It is with Pain we acknowledge how seldom it is we have to address Your Majesty in the lumiixcd Language of Gratitude and Thankfulness, and we have noticed the Difficulties, at this Disttnce from Your Majesty's immediate Care, which attend tiic Fulfilment of the most benevolent Intentions. We Iiave now to ])ray Your Majesty's patient and impartial Attention to the History of our Complaint against a sudden, abrupt, and most ungracious Denial by His Excellency of tiiose indispensable constitutional Principles in our load Government, the just Preservation of which is, above all Things, cal- culated to eiidoar Your Majesty to Your Canadian Peoj)lo, and to strengthen the Bond of Union between this loyal and valuable Portion of Your Empire and the Parent State. The lle))ort of a Select Committee of Your Majesty's faithful Canadian Commons, which has, after mature Consideration, been adopted by this Hfuise, (and accompanies this Address,) will anijjly iutbnn Your Majesty upoi' all Particulars ; and we regret it should necessarily contain Disclosures to Your Majesty ecpially injurious to the Interests and Confiilence of the People, and to the Character of the Royal Station in this Province. Under leelings of Solicitude lest Your Majesty's Royal Ear should be prepossessed against us by tliose who have easier and secret Access to Your Majesty and Your Majesty's Ministers, we have prayed the Aid of Your Majesty's Imperial House of Commons, as will appear from the accompanying Copy of our Memorial, in the Hope that they will aid Your Majesty in extendi»'.g to ns speedy and effectual Measures for the Redress of our Wrongs, and for the Maintenance of the Honour and Dignity of the Crown. T 1 1 ' ■ \ 1. Commons House of Assembly, 1 (Signed) 18th April 183G. J Maushai.l S. Bidwell, Speaker. Ilid Iconcileable with House of As«euitiljr (o tlie Iloiiiie ol Cummons. Petition of the House of Asse.mui.y of Upper Canada. To the Honourable the Knights, Citi/ens, and Burgesses of the United IVtiiioo from the Kingdom ofCJreat Britain and Ireland, in Parliament assembletl. May it please yoin* Honourable House, Wi;, His Majesty's dutiful and loyal Sidijects, the Commons of Upper Canaila, in Provincial I'arliament assend)leil, afler unavailing Struggles t()r a Series of Years to obtain sucii an Administration of our local Affairs as woulil secure to the People of this Province, possessing " the very Image and Transcript of the lliitish Constitution," the Blessings of good (Jovernment, are at length driven to appeal to the Wisdom, .lustice, and Magnanimity of your Honourable House, in the Hope that your powerful Intercessu)n with His Majesty may yet redeem us li'om a Condition every Day becoming more ruinous aiul alarming. We are not unacquainted with the overwhelming Influence of Station and Weight of Authority which will be brought It) bear against our Exertions to procure Ueilivss; and without the Interposition of your Honourable House we entertain a Pear, groiiukil on the Experience of the past, tluit His Majesty's Ear will bi; so aluise.l by secret Desjjatclies and ))erstnial DetraetitMis as almost to set ai Defiance the best directed intentions of His Majesty to arrive at the Truth. And we tlesirc to add, as a further Dillicultv," an' uiveterate Disposition to (11.) .24 * adhere If*'', ,1! i^'ii . i . ji 184 DESPATCHES FROM SIR F. B. HEAD, Bart., \o. 9. Sir K. H- Head XI rf his utter Unac(piaintjmce with the Nature of our Constitution and the Mode in which it should be administered, we refer to the aj)pended Documents, wherein are also detailed other Grievances of an urgent and serious Nature, to all of which we humbly ])ray the serious, speedy, and impartial Attention of your Honourable House. Being denied the beneficial and constitutional Operation of our local Institutions for the Manag inent of our local Aflairs ; being threatened with the I'-xercise of the unadvised, arbitrary Government of His Excellency, virtually irresponsible, and being satisfied that nothing but an open, entire, and honourable Abandonment of this Policy, equally uncon- stitutional and pernicious, will ever restore our Peace, Welfare, and good Government, we have, in Justice to the People, whose Civil and Religious Interests we are solenndy bound fearlessly to vindicate, been obliged, as u last Resort, to stop fnn'st reluctantly) the Sup])lies ; and for the Attainment of Redress in these and other Matters contained in the appemleil Report we pray the Aid of your Honourable House. And, as by Inclination and by Duty wo are led and bound to do, we shall ever pray. Commons House of Assembly, 1 (Signed) Mausiiall S. BunxEi.i,, April 183G. J Speaker. :::|l 18th 1 ( (luvunior. Copy of a Letter from Capt. A. Baldwin to Lieut. Governor Sir F. B. Head, Lmtcr from intended to correct an Error with reference to his E\ideiK\' belbre the Ca|iiaiii lialdwin Select Committee of the House of Assembly, into which the Committee J".',''^,,^!.'""'''''''''' appear to have fallen in taking down his Words relative to the Executive Council. Sir, Ilussell Hill, 2filli April 183(). On looking over the Correspondent and Advocate Newspaper of the 21st April, I observed a Statement of my Evidence before a Committee of the .'] a f I (ti.) Aa Hou> se 186 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 0. Sir F. B. Head Lord Glenelg, 2 1st April 1836. Enclosure No. 1. Letter from Captain Bnldwin to the Lieutenant Ciovernor. House of Assembly on the late Change in the Executive Council, as apponded to tiic Report of that Committee, and seeing that the Committee must have misunderstood my Answers in some Points, and that they are not stated correctly, I beg leave to address your Excellency on the Subject, lost any Misunderst;inding should arise with regard to the Facts as they actually ha})pened. To the Question put to me, " At whose Suggestion was the Paper ilrawii up ?" I said, " I believed at Mr. Elmsley's," and not, as stated, " At Mr. Elmsley's." I did not state that the Paper was drawn up *• in the Executive Council Chamber," but that " it was written in the Office of the Cl'rk ;" for we did not go to the Council Chamber till we were called in one by one to be sworn. I have, &c. (Signed) A. Baldwin. Addresses fron» tiie Four Adilresses of the House of Assembly of Ujjpcr Canada to the House of Assembly Lieut. Governor for Money on account of the Contingencies of the Session to the Lieutenant .. .' ° to the Lieutenant Governor. of 1836. To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, His Majesty's dutiful and loyal Subjects, the Commons of Upper Canada, in Provincial Parliament assembled, humbly request that your Excellency would be pleased to issue your Warrant on the Receiver General in favour of the Speaker of this House tor 1,000/., in part to defray the contingent Expenses of this House, which Sum we will make good during the present Session. Commons House of Assembly, "^ (Signed) 10th Feb. IS3G. j MaHSHALL S. BlDWELL, Speaker. Gentlemen, I SHALL have Pleasure in complying with tiie Request contained in your Address of this Day. To His Excellency Sir Francis Bond Head, K.C.H., &c. &c. &c. May it please your Excellency, We, His Majesty's dutifiU and loyal Subjects, the Commons of Upper Canada, in Provincial Parliament assembletl, humbly retpiest that your Excellency would be pleased to issue your Warrant on the Receiver Goner;il in favour of the Speaker of this House for 1,000/., in part to defray the further contingent Expenses of this House, which Sum we will make good during the present Session. (Signed) Maiish all S. Bidwell, Speaker. Commons House of Assembly, \ 10th March 183G. J Gentlemen, 1 SHALL be happy to comply with the Request contained in your .\ddross. ^iNii To A. Baldwin-. ON THE SUBJECT OF CANADA. 187 To His Excellency Sir Francis Bond Head, Knight Commander of the lioyal Hanoverian Guelphic Order, Knight of the Prussian Milituy Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, His Majesty's dutiful and loyal Subjects, the Commons of Upper Canada, in Provincial Parliament assembled, humbly request that your Excellency will be pleased to issue your Warrant on the Receiver General in lavour of the Speaker of the House of Assembly for the Sum of 2,000/., to (icfray in part the fiu'ther contingent I^penses of the present Session, which Slim we will make good during the same. Commons House of Assembly, > (Signed) Marshall S. Bidwell, 14th April 1836. j Speaker. H No. y. ^^^^H ( ; Sir I". 15. Mead '^^^^H 1 to ^^^^^B ' Lord Glenelg, ^^^^H M • 21st April IS36. ^^^B ': ■ ' i EiitfloMire No. i. i Addresses from the 1 i House of As»enibt]f l^^^^^B 10 the Lieutenant I^^^^H ^ 1 1 ; (Jovernor. l^^^^^l ^■1 Gentlemen, As the Legislature is to be prorogued on Wednesday next, I regret ex- ceedingly that I cannot deem it advisable to comply with the Request contained in this Address. "liiS mtaiiied in your To His Excellency Sir Francis Bond Head, Knight Commander of the Royal PLinoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, Wk, His Majesty's dutiful and loyal Subjects, the Commons of Upper Canada, in Provincial Parliament assembled, humbly request your Excellency will be pleased to i^^suc your Warrants to the Receiver Cieneral of this Province in favour of Grant Powell, Esq., Clerk to the Honourable the Legislative Council, for the Sum of 1,710/. Of Stephen Jarvis, Esq., Gentleman Usher of the Black Rod, for certain contingent Expenses of the Honourable the Legislative Council during the present Session, for the Sum of 329/. 5*. Of .Tames Fitzgibbon, Esq., Clerk of the House of Assembly, for the Sum of ^)fi6U. Is. 8W., to pay the contingent Expenses of his Office for the present Session and late Recess. Of David A. M'Nab, Esq., Serjeant-at-Arms, for the Sum of 561/. lis. llrf., to enable him to pay certain contingent Expenses of the House of Assembly for the present Session. Which Sums His Majesty's faithful Commons will make good during the next Session of Parliament. Commons House of Assembly, 1 20th April 1836. J Contingencies (Signed) Marshall S. Bidwell, Speaker. j^8,49(» IV. 7d. Item — Of the above Contingencies asked for, 2,700/. were, I have been informed, intended to pay Mr. O'Grady, the Editor of the " Correspondent ;ind Advocate," and other I'resses patronized by the House, for the Dissemina- tion of 5,GU0 Copies of their Report, and for similar Purposes. Cieiitlemen, I lU'.GUKT tiiat the Course taken by the House of Assembly, in refusing to witruiit me with the Money for the Province tor the Purpose of carrying on the ordinary AtKiirs of Government for the ciu'rent Year, forbids such a Confidence oil my I'ait as your Request involves. (41.) A a 2 Second Ml' m ,4li. < ■•1 : 1 .,1 1 S ' ' :l I'i m '11 iii]^ li i 1 'i^ 9 No. y. sir. F. li. Head Lord Gleiit'l^, 2Nt April 183(>. Kiiclnsiiri; No. -. Lieiir. (iovcrnor's Sptecli on L'lo>iin; the ScsMoii, n\ \u 168 DESPATCHES FROM SIR F. B. HEAD, Bart., Second Enclosure in No. 9. Corv of Lioiitciiant Governor Sir I*'. B. IIkad's SjjcccIi on closing the Session of the Legislature of Upper Canada on the ^20tl\ of April 183(i. Honourable GcntJenien of tlic Legislative Council j and Gentlemen of tiie House of the Assembly: Ik'fore I release you trom the Legislative Duties in which you have I)ei:i respectively engaged, I consider it necessary to recapitulate the princij)al Kvents of this Session. ^ Ou are jserfeetly aware that for many Years the House of Asscn)l)ly ot Upper Canada have loe.dly complained of what they term their •' Grievances," and that at the End of your last Session these Com})laints, having been referred to a"Connnittee of (Jrievances," were, by the Assembly, "ordered to be j)rinted in l'am])hlct Form." In pursuance of this Order a Volume, containing .570 Pages, wa-- forwarded to and received by His Majesty's Govermnent, as containing the Sum Total of the Com])laints of the People of this Province. M'hetiier the mere Order for ))rinting this Report of the Committee could be legally considereil as sanctioning it with their Oj)inions I liavc no Desire to iliscuss, because no sooner did the said Rejiort reach His Majesty's Govern- ment than it was determined tiiat the (Jrievances it detailed should immediately be cilectually corrected ; and, accoriliiigly. Instructions were drawn out by His Majesty's Secretary of State for the Colonies, in wiiich each Subject of Com- plaint was se})arately considered, and a Remedy ordered for its Correction ; and I have oidy to refer to those Instructions to prove the Generosity with wliicii His Majesty overlooked certain Language contained in the Report, and the Liberality with which He was graciously jjleased to direct that inipartialJustice shoiilil be administered to His Subjects in this Province. His Majesty's Government having determined that I shoidd be selected to carry these remedial Measures intt) ell'ect, I waited upon the (x)lonial Secretary »)f State, (to whom, as well as to almost every oJier Member of the Government, I was a total Stranger,) and respectfully begged leave to decline the Duty, truly urging as my Reason, tliat having dedicateil my whole Mind to a humble but important Service, in wliicli 1 was intently engaged, it was more congenial to my Disposition to remain among the Yeomanry and labouring Classes of my own C\)untry than to be appointed to the SUition of Lieutenant Governor ot Upper Canada. His Majol y's Government having been pleased to repeat their Recjuest, I felt it impossible not to accede to it ; and I accordingly received the Instructions wiiieh had been flamed ; and having had the Honour of an Interview with His ^lajesty, during which, in an impressive Manner which I can never forget, He imposed upon me His Royal Commands to do strict Justice to His Subjects in this Province, I left Englau'" with a firm Determination to carry the remedial Measures with which I was intrusted into lull Efl'ect. I arrived at this Capital on the 'J3d of January last, and on the 27th I ilcli- vcred a S])eech, in which I informed you I would submit in a Message the Answer which His Majesty had been pleased to give to the several Addresses and Representations which proceeded from the Two Branches of the Lei,ns- lature clining the last Session. I added, that as regarded myself I had nothini: either to promise or profess, but that I trusted I should not call in vain upon you ffir that Assistance which your King expected, and which the rising Inter- ests of your Country required. In thus ofticially coming before the Legislature of this Country from our Gracious Sovereign, with a full Measure of Reform, I had expected that my Appearance would have been hailed and welcomed by both Houses of \k Legislature, more esjiecially by that from which had proceeded the Grievanci Report ; and I nnist own I never anticipated it could seriously be argued for a Moment that I was intruding upon the I'rivileges of either House. Having made myself acquainted with the Outline of Public Eeeling in thb Province, by conversing calmly with the Men of most Ability of all I'arties, I communicated the Result to Lord Glenelg, in Despatches, dated the 5th ot February, of which the following are Extracts: " Under tliese CircumstiUices, I consider that the great Danger I have to avoid is the slightest Attempt to conciliate any Party ; that the only Course tor 4 me f: •<■■ ON THE SUBJECT OF CANADA. 189 No. !). Sir. F. B. Ilciid to Lord dlt'iicL', 2 1 »t April I8ii(i. Enclosure Nc. '2, Lieiit. (ioveriior'n 1 -I r-, ,. r ,.1 11 1- JSpeffh oil clusinir uul tlie Lonndfiice or the 1 eoplc, the Session. me to ailopt is, to act fearlessly, iiiulisguisedly, and straigiitforwardly for the Interest of tiic Country ; to throw myself on the good Sense and good Feeling of the Peoi)Ie, and abide a Result which I Unnly believe will eventually be triumphant." " Whatever may be the Result, I shall steadily and straightly proceed in tl)e Course of Policy 1 have adopted ; I shall neither avoid nor rest uj)on any Partv ; hut, after attentively listening to all Opinions, 1 will, to the best of my Jiiiljimeiit, do what I think honest and right, tirmly believing that the Stability of the Throne, tiie Interests of this Province, i can now only be secured by such a Course." To the Speakers of botli Houses, as well as to many intelligent Individuals with whom I conversed, I declared my sincere Determination to do Justice to the People of this Province. It was however with dee|) Regret I observed, that from the House of Assembly I did not immediately obtain the Assistance I ex|)ected in carrying the Instructions of His Majesty's Government into ert'ect, for I received various Addresses requesting Papers and Information which I feared migiit excite troublesome and bygone Discussion. On tlie .5th of February I received an Address of this Nature, to which, in as conciliatory a Tone as possible, I rcjjlied at considerable Length ; and being now ilcterniincd to urge, ami, if jiossible, to lead the House of Assembly on towards lleform, I concluded my Reply in the following Words : "The Lieutenant Governor takes this Opportunity of appealing to the Liherality and good Sense of the House of Assembly for Consideration, that as a Stranger to this Province, totally unconnected with the political Differences which have existed in the Mother Country, he has lately arrived here, intrusted by our most Gracious Sovereign with Instructions, the undisguiseil Object of which is, firmly to maintain the hap])y Constitution of this Country inviolate, but to correct cautiously, yet elfoctually, all real Grievances. "The House of Assembly is deeply interested in the Importance and Mai^nitude of the Task he has to jjcrform ; and he is confident it will, on Reflection, be of opinion that the Lieutenant Governor of this Province had better look steadily forward to its future Prosj)erity and Improvement — that he hail better attract into Upi)er Canada the superabundant Capital and Population of the Mother Country, by encouraging internal Peace and Tranquillity, — than be observed occupying himself solely in reconsidering the Occurrences of the past. " The Lieutenant Governor does not assert that the latter Occupation is totally useless, but he maintains that the former is by far the more useful ; and that to attend to both is impossible." This Appeal did not produce the Effect I had anticipated ; but I received another Address from the House of Assembly, in behalf of Eight Indians of the Wyandot Tribe ; and I bad scarcely entered this new and questionable Groinitl wiien a counter Petition was forwarded by Eleven Members of the same Tribe, in which they spontaneously declared, " We have the fullest Confidence in the Justice anil fatherly Protection of our the Lieutenant Governor." Another new Set of Grievances was now brought forward by the House of Assembly, in the Form of an Address to the King, on Trade and Counnerce, which 1 innnediately forwarded to His Majesty's Govcrmnent, although the principal Complaints in the Grievance Report still remained unnoticed and un- reilressetl. During these Discussions I purposely refrained from having much Communi- cation with the old Sui)))orters of the (jovernment, because I was desirous to siiow those who termed themselves Reformers, that I continued, as 1 had arrived, unbiassed and unprejudiced ; and, desiring to give them a still further Proof that I would go any reasonable Length to give fair Power to their Party, I aiiileil Three Gentlemen to the Executive Council, all of whom were a\owed Ueli)i'iners. With the Assistance of these Gentlemen, with His Majesty's Instructions before us, and with my own Determination to do Justice to the Inhabitants of this Country, I certainly considered that the Triumph of the Reform which had been solicited was now about to be establislied, and that the Grievances under which the People of this Province were said to labour would consecutively be (41.) A a 3 considered beloved Sovereign and his Representative .lstA|iril IKIC Kiicliijiiire No. '2. Lifiii. (invernor''* >|jfi'c!i nil closing tlie ^essioll. cons'ulcrcil aiul rcilrcssctl. Hut, to my utter Astonishment, these Gentlemen instead of assisting me in llefoim, before tliey were :i Fortnight iji my Service olfieiuily combined together in an unprecedented Kndeavour to assmnc the Responsibility 1 owed to the People of Upper Canada as well as to our Sovereign; and they concluded a formal Document which they adilressed to me on tliis Subject, by a Re(iuest, that if I deemed such a Course not wise or admissible, they, who had been sworn before me to Secrecy, might be allowed to address the I'eojjle ! — and I must own, that the Instant this Demand reached me I was stiutled, and felt it quite impossible to assent to the Introduction of new Prin. cij)k's, wliieli, to niy Judgment, appeared calculated to shake the Fabric of the Constitution, and to lead to Revolution instead of Reform. Without discussing the Arguments of the Council, I will simply observe, that had I felt ever so nuich disj)osed to surrender to them my Stiition of Lieutenant Ciovernor, ami to act subserviently to their Advice ; had I felt ever so willinc obediently to dismiss from Office whomsoever they should condemn, and to heap Patronage and Preferment upon whomsoever they might recommend ; had 1 felt it advisable to i)lace the Crown I«mds at their Disposal, and to refer the Petitions and personal Applications of the Inhabitants of the remote Counties to their Decision, I possessed neither Power nor Authority to do so. In fact, I was no more able to divest myself of Responsibility than a Criminal his Power to divert from himself upon another the Sentence of the Law ; and though, under the Pretence of adhering to what is called "the Image and Transcrij)t" of the British Constitution in this Province, it was declared that the Executi\e Council must be regarded as a Cabinet, I had no more Power to invest that Roily with the Attributes of a Cabinet than I had Power to create myself King of the Province, — than I had Power to convert the Legislative Council into an hereditary Nobility, — or than I had Power to decree that this Culonji of the British Empire should henceforward be a Kingdom. From total Inability, therefore, as well as from other Reasons, I exj)laincd to my Council, in ct)inteoiis Language, that I could not accede to their Views; and it being evidently necessary for the Public Service that we should separate, I felt it was for them rather than for me to retire. I received their Resignations with Regret ; and that I entertained no vindictive Feelings will be j)roved by the Fact, that I immediatelv wrote to Lord Glenelg, begging his Lordship most earnestly not to dismiss from their Offices any of these Individuals on accoimt of the Embarrassment they had caused to me. On the Day the Council left me I appointed in their Stead Foiu- Gentlemen of high Character, entitled by their Integrity and Abilities to my implicit Contiilence , and with their Assistance I once again determined to carry promptly into effect those remedial Measures of His Majesty's Government which had been solicited by the Grievance Report. However, a new and unexpected Embarrassment was now oflfereci to me bv the House of Assembly, who, to my Astonishment, not only requested to be informed of the Reasons why my Executive Council had resigned, but who, I have learned, actually suspended all Business until my Reply was received I As the Lieutenant Governor of this Province is authorized by His Majesty, in case of Death or Resignation, to name, pro tempore, the Individuals he may think most jjroper to appoint to his Council, I might constitutionally and ])crhaps ought to have declined to sid^mit to either Branch of the Legislature my Reasons for exercising this Prerogative ; but actuated by the earnest Desire, which 1 had uniformly evinced, to comply with the Wishes of the House of Assembly, I transmitted to them the Corresj)ondence they desired, with a conciliatory Message, whicii ended as follows : " With these Sentiments, I transmit to the House of Assembly the Docu- ments they have recpiested, feeling confident that I can give them no surer Proof of my Desire to preserve their Privileges inviolate than by proving to them that I am ecpially determined to maintain the Rights and Prerogatives of the Crown, one of the most prominent of which is, i,!; t wliich I have jiist assumed, of naming those Councillors in whom 1 conscientiously believe I can confide. •• For their Acts I deliberately declare myself to be responsible, but they are not responsible for mine, and cannot be, because, being sworn to Silence, they are Province in whi ■• *. ON THE SUBJECT C. CANADA. 191 Ni.. 'J. ^ir F. ». Heart III Lord (ili'iiel^', '.'l»t A[>n\ IS;5fi. ire deprived by this Fact, as well as by the Constitution, of all Power to defend themselves." The House of Assen)bly referred tlic whole Subject to a Coinmitteo, wliicli, contrary to customary Fonn, made its Existence known to me by npjjiying directly to me, instead of tlironijh the House, for other Documents and hifbrmalions, which I immediately forwarded, without objecting to the Irreyii- larity of tlio Application ; and the House, to my great Smprise, prematurely Lieut. riovem.-r jKisseJ its Sentence ujion the Subject in an Address, in which it declared t its " dccj) Regret that I had consented to accept the Tender of Resignati tlie late Council." Eiiilnsiire No. '.'. Lieut, riitverniir'-i to me •'^P'-'eeli on rlosin^ rnation of ''"= ^^■''*'"^- Tiie following Extract from my Re])Iy to this unexpected Decision will siirtieiently explain the amicable Desire I still entertained to alibril all reasonable .Satisfaction. "The whole CoiTespondence I forward to the House of Assembly, with an earnest Desire that, regardless of my Opinion, the Question may be tairly discussed. " In t!;c Station I hold I form One IJranch out of Three of the Legislature ; and I claim for myself Freedoni of Thought as lirmly as I wisli that the other Two Branches should retain the same Privilege. " If I should see myself in the wrong I will at once acknowledge my F.rror ; but if I should feel it my Duty to maintain my Opinion, the House n\ust know that there exists a constitutional Tribunal competent to award its Decision, and to that Tribunal I am ever ready most respectfully to bow. " To aj)peal to the People is unconstitutional as well as unwise ; to aj)j)eal to their Passions is wrong ; but on the good Sense of the House of Assembly I have ever shown a Disposition to rely, and to their good Sense I still confidently apjjeal." Having thus thrown myself upon the Integrity of the House of Assembly, I might reasonably have exj)ected that a favourable Construction would li;i\e been placed ujjou my Words and Acts, and that the Dis])osition which I had evinced to atlbrd the most ample Information, and to meet, as far as my Duty would admit, the Expectations and Desires of the Assendjiy, would have been duly appreciated ; the Events however which soon afler transpired, and the Addresses which were presented to me in this City and fiom other Places in the ^'iciiiity, conveyed to me the unwelcome Information that Efforts were being made, under the Pretence of *' the Constitution being in Danger," to mislead tlie Public Mind, and to induce a Belief that I, as Lieutenant Governor, had declared an Opinion in favour of an arbitrary and irresponsible Ciovernment ; that I had shown an entire Disregard of the Sentiments and Feelings of the People whom I had been sent to govern ; and that therefore the Inhabitants of this Country could never be contented or prosj)erous under my Administration. Several Petitions, purporting to be addressed to the House of Assembly, and apparently forwarded by Members of that Hou.se to Individuals in the Country, with a view to obtain Signatures, having been returned to the Government Office, I had ample Oi)))ortunities of becoming acquainted with the Fact that there existed an Intention to embarrass the Government by withholding the Supplies, and that even the Terms had been prescribed to the People of the Province in which they were ex])ected to address their Representatives for that Object. Now it will scarcely be credited, that while I was thus as.sailed, while Placards declared that the Constitution was in Danger, merely because I had maintained that the Lieutenant Governor, and not his Executive Council, was resi)onsible tor his Conduct, there existed in the Grievance Report the following Exj)la- nation of the relative Duties of the Lieutenant Governor and of his Executive Council. " It appears," says the Grievance Committee, " that it is the Duty of the Lieutenant Governor to take the Opinion of the Executive Council only in such Cases as he shall be required to do .so by his Instructions from the Im})erial Govenmient, and in such other Cases as he may think fit. It appears by the following Transactions that the Lieutenant Governors only communicate to the Council so much of the private Despatches they receive fiom the Colonial (n.) Aal Office ihi ,'<*!■, it! No. f). Sir F. B. Head tt April \S'Mi. Lieut, (ioveriior's J^pccrh on closing I lie Session. all\ that U2 DESPATCHES FROM SIR F. B. HEAD, Bart., Office as thoy may tliink fit, unless in Cases where they are othcr\vise spec! instructed." ' Gentlemen of the House of Assembly: Having at your Request transmitted to you the Corre.si)ondence whicii pa.«i.« Eiu'o.i.re No. 2. between niy late Executive Council and myself, and having reminded you tl.,. there existed "a constitutional Tribunal comi)etent to award its Decision, aiid that to that Tril)unal I was ever ready most respectfully to bow," it is with Surprise I learn that you iiave deemed it necessary to stop the Supplies. In the History of Upper Canada this Measure has, I believe, never before been resorted to; and as I was the Bearer of His Majesty's especial Instructions to examine, and, wliere\er necessary, to correct the " Grievances" detailed in your Ilejjort of last Session, I own I did not expect to receive this Kmbarrass- ment from your House. The Ert'ect of your deliberate Decision will be severely felt by all People in the Public Offices, by the Cessation of Improvement in your lloads, by the Delay of Compensation to Sutl'erers in the late War, and by the Check ot Emigration. In the Complaints you have made to His Majesty against me (in which you declare that my " Ear is credulous," my " Mind poisoned," my " Feelings bitter;" that I am " desjwtic," "tyrannical," "unjust," "deceitful;" that inv Conduct has been "derogatory to tlie Honour of the King," and " demonilizini' to the Community ;" and that I have treated the People of this Province as being " little better than a Country of Rogues and Fools,") you have availed yourselves of a high legislative Privilege intrusted to you by vour Constituents, to the I'^xercise of which 1 have consequently no constitutional Objection to urge ; but, for the Honour of this Province, hi which I, though imconnected with the Country, am as deeply interested us its Inhabitants, I cannot but regret, that while I was receiving from all Directions the most loyal Addresses, you, in your legislative Caj)acity, should have characterized His Majesty's Government, which has lately acted towards Upper Canada so nobly and disintercstedlv, bv the Expression of " Downing Street Law." Honourable Gentlemen, and Gentlemen : Having now concluded an Outline of the principal Events whicli have occurred during the present Session, I confess that I feel disappointed in liavini; totally failed in the beneficent Object of my Mission. I had made up my Mind to stand against the iMiemies of Reform, but I have unexpectedly been disconcerted by its professed F'riends. No liberal Mind can deny that I have been unnecessarily embarrassed ; no one can deny that I have been unjustly accused; no one can deny that I have evinced an Anxiety to remedy all real (irievances ; that I have protected the Constitution of the Pro- vince, and that by refusing to surrender at Discretion the Patronage of the Crown to irresponsible Individuals I have conferred a Service on the Back- woodsman, and on every noble-minded F^nglishman, Irishman, Scotchman, and U. E. Loyalist, who, I well know, jirefer British IVeedom and the British Sovereign to the F'amily Domination of an irresj)onsible Cabinet. It now only remains for me frankly and explicitly to declare the Course of Policy I shall continue to adopt as long as I may remain the Lieutenant Governor of this Province, which is as follows : I will continue to hold in my own Hands, for the Benefit of the People, the Power and Patronage of the Crown, as imjjarted to the Lieutenant Governor of this Province by the King's Instructions. I will continue to consult my Exe- cutive Council upon all Subjects on which, either by the Constitutional Act or by the King's Instructions, I am ordered so to do, as well as upon all other Matters in which I rc(iuire their Assistance. I will continue to hold myself responsible to all Authorities in this Country, as well as to all private Indi- viduals, for whatever Acts I connuit, either by Advice of my Council or other- wise, and will continue calndy and readily to afford to all People every reason- able Satisfaction in my Power. I will use my utmost luideavours to explain lo the People of this Province, that they want only Wealth and Population to become one of the finest and noblest People on the Globe; that Union is Strength, and that Party Sjnrit produces Weakness ; that they should conse- quently forgive and forget political as well as religious Animosity, and consider Addbesses fi Sir Fb 4NCI Despatch. 1 Cil 2. Co 3. Dii 4. Dif .5. Kit G. Ne 7. Toi 8. Yoi 9- To> 10. To\ 11. Byt 12. Tov 13. lov 11. Pet( ON THE SUBJECT OF CANADA. 1W icnvise speciativ ice wliich pasMit minded joa tlut its Decision, and bow," it is with Supplies, ve, never before L'cial Instructions ices" detailed iii ; this Enibarra.v- by all People in r Roads, by the jy tlie Check ot lie (in which you " my " FeelingN ceitful ;" that inv id " demoralizini; this Province as you have availed •our Constituents unal Objection to unconnected with mnot but regret, Addresses, you, in sty's Government, lisintercstedly, by ents which have pointed in having eforni, but I have iberal Mind can leny that I have ■d an Anxiety to ution of the Pro- 'atroiiage ot" the ice on the Back- Scotchman, and and the British ct. re the Course of the Lieutenant f the People, the nant Governor of consult my Exe- stitutional Act or US upon all other to hold myself all private Indi- Council or other- iple every reason- jurs to explain .0 id Population to e ; that Union is ey should cense- ity, and coiisiilcf as as their Enemies only tho.se who insidiou.sly promote either ; that, widely scattered as they are (»ver the Surface of this extensive Country, they should recollect with Pride the brilliant History of "the old Coimtry," from which tliev spnmg, and, like their Ancestors, they should firmly support the British Standard, which will ever afford them Freedom and disinterested Protection ; that by thus tranquillizing tiie Province the redundant Wealth of the Mother Country will irrigate their Land, and that her Population will convert the Wilderness which surrounds them into Green Fields ; that an Infusion ol Wealth would establish Markets in all Directions, as well as good Roads, the Arteries of Agriculture and Commerce ; that plair;, jiractical Education should be provided for the rising Generation, as also the Blessings of the Christian Religion, which inculcates " Glory to (iod in the highest, and on Karth Peace, Goodwill towards Men." Taking every Opportunity of offering these Recommendations to the Inha- hitants of this Province, I shall in no VVay attempt to enforce them j on the contrary, I shall plainly promulgate, that if the Yeomanry and F'armers of Upper Canada are not yet sufficiently tired of Agitation, if they do not yet clearly see what a Curse it has been to them, it will be out of my Power to a.ssist them ; that if they insist on turning away the redundant Wealth as well as the Labourers of the Mother Country to the United States, I shall be unable to prevent them ; in short, that if they actually would rather remain as they are than become wealthy, as they might be, my Anxiety to enrich them must prove fruitless. On the other Side, whenever they shall be disposed to join Hea:t and Hand with me in loyally promoting the Peace and Prosperity of the Province, they shall find me faitiifully devoted to their Service. In the meanwhile I will carefully guard the Constitution of the Country, and they may firmly rely that 1 will put down promjitly, as I have already done, the slightest Attempt to mvade it. With inward Pleasure I have received Evidence of the invincible Re-action that is hourly taking place in the Public Mind, and for the sake of the Province rather than for my own I hail the manly British Feeding which in every Direction I see, as it were, rising out of the Ground, determined to shield me from Insult, and to cheer and accompany me in my Progress towards Reform. I have detained you longer than is customary, but the unprecedented Events of the Session have made it necessary to do so. N. . !). bir F. B. Heaa to Lord (jlenel^'i 2Ut April 18.35. Enclosure Ko. 2. Lieut, (idvcrnor's Speech un clu>in)( the Session. m Third Enclosure in No. 9- UPPER CANADA. Addhesses from difTerent Parts of the Province to Lieutenant Governor Sir Francis Bond He.\d, k.c.ii., referred to in the accompanying Despatch. I. 2. 3. 4. City of Toronto Coimty of Hastings District of Niagara District of Prince Edward 5. Kingston and Vicinity G. Newmarket and Vicinity 7. Town of Niagara 8. Yonge Street 9. Township of Ancaster 10. Township of Stamford 11. Bytown, Two Addresses 12. Township of Georgina 1'3. Township of Guelpli I L Peterboro' and Vicinity Total Signatures. . 1,6*0 7in 751 8Gt 570 114 9fi 155 - 117 192 281 GO . 167 - 1,026 - 6,782 (tl.) Bb (No. 1.) m\u Enclosure \o, 3. Addresses from the Provinces to Lieut. Governor. ,41,, ,i m W l! i! IM DESPAPCHES FROM SIR V. B. HEAD Bart. Xo. 9. Sir. F. B. Head to Lord Glenelu', -J I St A|i embarrass your reate an Excite- ountry. le groat Empire ral Part, we are peri)eluate the 1 may now hv lusly, to dissolve bus of this Pro- lie British Form !d 1 . ,t for till' [it by sustaining other, we Li'g id constitutional lie Government any into ctt'ect People of this llO. Jimander of the jilitary Order of \l, &c. &c. &c. the Corrcspon- 3ur Excellency, :;nted, and iinii our Liberties, the ])reniatinv lent when your jReform for the lind would bej; iiplioldiii!]; ami supportini! ON THE SUBJECT OF CANADA. IDS supporting the best Interests of our Agriculturists, and advancing the Pros- npritv of our Province. penty of Number of Signatures attached to this Address, 716. No. 9. Sir F. B. Head to Lord Glenelg, 21st April 1836. Enclosure No. 3. (No. 3.) Addresses <'rom r.- -n r. TT t • /-i fTT the I'rovinces to To His Excellency Sir Irancis Bond Head, Lieutenant uovernor or Upper Lieut. Governor. Canada, &c. &c. &c. May it please your Excellency, We, the undersigned Inhabitants of the District of Niagara, who profess Loyalty to our Sovereign, deem it our Duty to come forward at the present Crisis of Affiiirs in tliis Province, and declare our Attachment to the Con- stitution of the Country, and Approval of the Conduct of the Representative of our King. We have read tlie Document signed by the late Executive Council to your Excellency, and your Excellency's Reply. Wc have also read the Petition of the Council of the City of Toronto to your Excellency, and your Excellency's Answer thereto. We now do most willingly and cheerfully come forward to record our Aj)probation of the Firmness of Character exhibited by your Excel- lency; and we are pleased to hear that your Excellency will "maintain the happy Constitution of the Country hiviolate," and will ** cautiously, yet effec- tually, correct all real Grievances." We are also pleased to find that your Excellency consults the " Interests of the Farmer," in preventing the Patronage of the Province passir.g into the Hands (which it would do) "of a few Families, which might possibly ))romote their own Views to the Rejection of the Interests of the distant Counties." We regret that any Differences should have arisen between your Excellency and the Executive Council at this Time ; but we hesitate not to declare that we approve of the Conduct of your Excellency ; and we believe that if those invested with Power would lay aside all private Feelings, and •* forgive and forget" all political Animosity, that His Majesty's Wishes, as expressed in your Instructions, would be promptly executed. Number of Signatures attached to the Address, 754. (No. 4.) To His Excellency Sir Fuancis Bond Head, k. c. h.. Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. We, His Majesty's loyal and devoted Subjects, the Inhabitants of the District of Prince Edwanl, in aj)proacliiiig your Excellency beg leave to express in the most uneciuivocal Manner our firm Attachment to the King and Constitution, and to the Continuance of our Connexion with the Mother Country, a Connexion which has raised this Pro\'iiice to its j)rescnt prosperous and flourishing Condition. We fully coincide with your Excellency in your Interpretation of the Constitutional Act, and are convinced had you yielded to the Demands of your late Executive Council, aiul transferred to them the Power and Responsi- biiity which are invested in yourseli", your thus consenting to j)lace the Patronage of the Crown in the Hands of a few leading Individuals would bring about a Change injurious to the best Interests of both Crown and People. Impressed with these Sentiments, we rtjoice to know that your Excellency has expressed your firm Determination to maintain inviolate the t'onstitiition of this Province, and, at the same Time, to i)roceed in the Reformation of any Abuse that may exist j and fully relying on this your Excellency's Dotermination, We have the Honour to be, &c. Number of Signatures attached to this Aildress, 8Gk ■lliiiii_ i '■■■■■ i ■' II' lliH ,J«i\, (i\.) Bb (No. 5.) 196 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 9. Sir ¥. B. Head to Lurd Ulenelif, 21 St April m6. Enclosure No. 3, Addresses from I lie Provinces to Lieut, (loveriior. (No. 5.) : . To His Excellency Sir Francis Bond Head, KnightConimander of the Royal Giielphic Order of Hanover, and of the Prussian Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. We, His Majesty's faithful and loyal Subjects, Inhabitants of the Town and Township of Kingston in the Midland District, most respectively crave leave to address your Excellency at this Time of political Agitation. Assembled in General Meeting duly convened, we beg to assure your Excellency that we view the Increase and Prosperity of this I'rovince as mainly attributable to its Connexion with the Parent State, and that our Duty as well as our Interests require that such Connexion should be defended at all Hazards. That wt owe Allegiance to His Majesty, and Obedience to those Prerogatives witii which the Constitution has invested Him for the Good of the People. That while Upper Canada continues to be a British Colony, tiie Lieutenant Governor, as the Representative of and responsible to His Alajesty, is by tlie Act of 31 Geo. 3. made wholly and solely responsible for the Acts of his Government, and that it was never contemplated by that Act to invest an Executive Council with such Responsibility. That while we perceiVe with Regret the Differences which have occurred between your Excellency and the late Executive Council, we cam it but rejoice at your Determination to uphold tlie present Constitution, assured that while you preserve the Prerogatives of thf jwn you will maintiiin inviolate the Rights and Liberties of the People. That during the short Period since your Excellency's Accession to the Go- vernment of this Province, your upright, manly, and uncompromising Coiuhict has been such as to call forth the Respect of all Classes of His Majesty's Subjects in this Province, and to assure them that your Excellency is eminently qualified and manifestly desirous to jironiote the true Interests of this rapidly rising Portion of His Majesty's Empire. May your Excellency long continue to rule over us with the Candoiu' and Honesty, the Firmness and Dignity, which has already characterised your Administration of the Government of this Province. Kingston, SOth March 183G. Number of Signatures attached to this Address, o70. making, or (No. G.) To His Excellency Sir Francis Bond Head, k. c. h., Sec. &c. kc, Lieutenant Governor of Upper Canada, &c. &c. &c. May it please your Excellency, We, the undersigned Inhabitants of the \'illage of Newmarket and tlie adjacent Country, beg leave to express to your Excellency our deep Regret at the Difficulties which have recently arisen on the Subject of the Constitutional Duties of the Executive Council of this Province. We view with the strongest Feelings of Disapj )I)ation and Indignation llu' factious Eflbrts whicli have recently lieeii made aiul are now making to take Advantage of those Difficulties for the Purpose of embarrassing your Excellency in the Administration of the Government of this Province, and for the Purpose of creating an Excitement and Disturbance in the Colony, which is calculated to produce the most injurious Eflects, and to be subversive of the Peace, Welfiire, and good Government of the Country. We feel the iiighest uutisfaction at the Sentiments expressed In His Majesty's Government on the Atlairs of this Colony, as coiiUiined in the Royal Instruc- tions to your Excellency which .'ere laid before the Legislature immediately after your Arrival in the City of Toronto. We have the highest Conhdence in the Talents and Integrity of your Excel- lency, and in the Sincerity of your repeatetlly declared Desire t) carry into efl'ect the liberal Intentions of His Majesty's (jovernnunt towards the People of this Province; and we view with unqualified Adniiiatioii the Candour, the conciliatory Manner, and the manly Finnnes.s with which your lixcelleiicy Iki** met *, i ON THE SUBJECT OF CANADA. 197 c, Lieutenant arket and tlio met the factious Demonstrations which have recently been made to embarrass voiir Excellency in the Administration of your Government, and to create an Excitement and Disturbance in this prosperous and highly favoured Country. Ardently attached to the Government and Institutions of the great Empire of which these Colonics have the Advantage of being an integral Part, we are determineil, by all lawful Means in our Power, to j)reserve and perpetuate that Connexion, and to oppose and counteract every Effort which may now be makin", or which hereafter may be made, either openly or insidiously, to dissolve or weaken that Connexion, and to introduce into the Institutions of this Province Changes which are incompatible with the Principles of the British Form of Government. Convinced that the Prerogatives of the Crown are only a sacred Trust for the i lotection of the Rights and Liberties of the People, and that by sustaining tiie one we are taking the most effectual Means of securing the other, we beg to assure your Excellency that we shall make use of all lawful and constitu- tional Exertions to uphold your Excellency in your Administration of the Go- vernment of this Province, and to supj)ort you in your Determination to carry into effect the liberal Intentions of His Majesty's Government towards tlie People of this Colony. Number of Signatures attached to this Address, 111. N... 0. Sir F. B. Head to Lord (ileneltf, 21atAprii l.KJIi. Enclosure No. 3. Addresses I'roni the Provinces to Lieut. Governor. (No. 7.) To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c.&c. May it please your Excellency, We, the Inhabitants of the Town of Niagara, Subjects firmly attached to the Parent Empire, and appreciating the Blessings of the British Constitution, beg leave respectfully to address your Excellency at the present political Crisis. The limited Experience we have had of your past Administration in this Colony convinces us that Upper Canada has acquired in you an uncompro- mising Representative of His Majesty ; and we sincerely trust that no Schism in your Councils, nor ui^due Interference from any Quarter, will ever divert you from those defined constitutional Principles you have already adhered to, for the Credit of thr Country, the lasting Honour of yourself, and the Dignity of His Majesty's Crown. In the present political Strife we consider ourselves called upon as Subjects of His Majesty, and firmly attiiched to His Supremacy, and those Principles con- liolidated in the Colonial Constitution, to ex])ress our undisguised Sentiments. We have recently had called to our Attention the Appointment of your first I'iXecutive Council, and we consider that you correctly exercised the Prerogative that is vested in you, and that in accepting their Resignation, and calling other Individuals to your Cabinet, you evniced a Discretion and Dignity worthy of your exalted Situation. We are well assured that at present there exists no excited State of Public Feeling in this District, nor to any alarming Extent elsewhere, occasioned by the Proceedings between your Excellency and your C-ouncll. We sincerely regret that the Measures of Conciliation suggested, and the unwearied parental Forbearance exercised on the Pait of the British Govern- ment, through His Majesty's Representatives in both Provinces, for our mutual Prosperity, should have been so unfortunately misplaced, and those reinoilial Measures recommended for our Benefit paralyzed in their Effect. We ever desire to see the Constitutional Act of this Colony upheld by the Kinjf, and shielded by the People from all vital Innovations, in its original Spirit, and transmitted unimpaired to latest Posterity. In conclusion, we, the Inhabitants of this Town, the first established in this Colony, and sufficiently tried for Loyalty and Sufferings, beg leave to exj)ress our Admirution of that decisive Course your Excellency has adopted in the recent Ditliculiies you have contended with, in reconcihng Public (.)pinion, and re- sisting any improper Interference ; and we luiaiiimously declare ourselves pledged with our J nfiuence and Hearts to serve King and Country, and ])er- (11.) B b 3 severe ,*'. I9i DESPATCHES FROM SIR F. B. HEAD, Bart., No. 9. severe in maintaining an Administration based so firmly on constitutional Sir V. B. Head Principles. Lord Glenelg, Number of Signatures attached to this Address, 96. ;.Mn April 1836. Kticlosure No. 3. Addresses from the Provinces lo Lieut. Gorernor. (No. 8.) To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelpliic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. We, the loyal Inhabitants of Yonge Street, sensible of the many distinguished Privileges we enjoy by our Connexion with the British Empire, beg leave hereby to tender you our most sincere Thanks for and Approbation of your very independent and faithful Conduct since assuming the Government of this liappy and thriving Colony, and particularly for the able, clear, and distinct Manner in which }ou have elucidated the Nature and Bearings of our well tried Constitution, to the Dismay and Discomfiture of a few political Partisans, who seek to destroy its nicely balanced Powers, by making every thing sub- servient to a dominant political Faction, than the which no greater Calamity could betiill our adopted Country. Fully engaged in our various Pursuits in the social Interchanges of private Life, and the quiet Enjoyment of Agricultural Employment, we have neither Leisure nor Disposition to take Part ii all the political Excitement which is kept alive by a few selfish, designing, and ambitious Men, for the Gratification of private Ends ; but possessing an inviolable Attachment to the Mother Country, to the Genius and Spirit of her Institutions and Laws, and desiring to see her exercise a paramount Influence in the Administration of our Govern- ment, we Jinnli/ rely upon her strong Arm to protect us against all such Inno- vations and Changes as would destroy our happy Constitution. That you may stand firmly l)y it, and with all that Promptitude and Decision you have so fearlessly and manfully evinced, is the most fervent Prayer of His Majesty's loyal Subjects of Yonge Street. Number of Signatures attached to this Address, 155. (No. 9.) To His Excellency Sir Fhancis Bond Head, Knight, Lieutenant Governor ot Upper Canada. M'e, the undersigned Freeholders and Householders of the Township of Ancaster and its Vicinity, beg leave to assure your Excellency that we iiavc witnessed with great Pain and Indignation the Attempts made to embarrass and impede your Excellency's Administration in this Province, which, under the wise and ])atenial Instructions of His most Gracious Majesty, augured so favourably for its future Prosperity. We are convinced that it is but a small Number of the respectable Inhabitants of this Province who would thus inter- )ose to frustrate your Excellency's beneficent Intentions, and many of those lave been misled by the unceasing Efforts of a few designing Men, who have oiig eiuleavoiired to ilistract and agitate this Province, anil retard its future Aclvaiiceiueiit in Wealth, Greatness, and Renown. V\'e tlierclore conside-' it our imperative Duty to assure your Excellency tiiat we should ever strive to uphold, by every Means in our Power, that hap]))' Form of Goveruineut which Cirea't l}ritaui has guaranteed us by the Consti- tutional Act, and are determined to maintain inviolate the existing Connexion between this Province and the Parent State. Iiulividually and unitedly we congratulate your Excellency on your Arrival among us, and fervently pray that, by the Assistiuice of Divine Providence, you may be the Instrument of diffusing throughout the Province the Blcssinp "of good Government and Peace, of which your Conduct since the Commence- ment of your Administration is a happy Harbinger and certain Pledge. Number of Signatures attacheil to this Address, liy. i (\o. !().^ ON THE SUBJECT OF CA 'ADA. 199 int Governor of ^^°- ^"•■' . SirF. B. Head To His Excellency Sir Francis Bond Head, Lieutenant Governor of the r nlGle I Province of Upper Canada, &c. &c. &c. sut AprilTss'c. We, His Majesty's dutiful and loyal Subjects resident in the Township of Enclosure No. 3. Stamford in the said Province, beg leave respectfully to address your Excel- lency, to state that we accord with your Excellency in the Desire which you Addresses from have shown to maintain our glorious Constitution (the Envy of all Nations) the Provinces to inviolate, anticipating the hapj)iest Results when your Excellency shall deem Lieut. Governor, it expedient to carry into effect those Measures of Reform which may be deemed necessary, and to which you referred in your Excellency's Message to the Legislature. We are aware that there exists a certain Faction in this Province, whose Aim is doubtless to mutilate or overthrow that Constitution, and render nuga- tory the best Intentions of His Majesty towards the People of this Colony ; and for the Purpose of those Persons of this Township who are attached to His Majesty's Government having an Opportunity of expressing their Approbation thereof, and your Excellency's Conduct, a Meeting was advertised for the (ith Instant, when, from the Industry of the Radical Faction bringing together a large Number of People from other Townships, equally discontented or dis- afl'ected, their Wishes could not then be realized, which Party are handing about Petitions at the present Time for Signature, for the Purpose of thwarting the Representative of His Majesty from carrying into effect his anxious Wishes for their Welfare and Ha])])iness. In such a Crisis as this we feel ourselves called upon to testify our Loyalty and Attachment to our beloved Sovereign and our excellent Constitution, and to express our sincere Acknowledgments to your Excellency lor the calm and deliberate Manner in which you have endeavoured to convince that Faction their Views of the Constitution are erroneous, and tiiat any Infringement thereof or Alteration required by them (wliich we have seen in the public Prints) must tend ultimately to militate against the best Interests of the Inhabitants of this Province. We regret that ill so short a Period of your administering the Government of Upper Canada any Differences should have arisen between your Excellency and the late Executive Council, and trust that when a thorough Knowledge of what is required of the present one is entertained they will cordially and conscientiously aid your Excellency in the Discharge of the im])ortiuit Duties pointed out in His Majesty's Instructions for the Government of this Province. Stamford, 7th April 183G. Number of Signatures attached to this Address, 19'2. 1 :W 'Ijir n M. (No. IL A.) To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of Upper Canada. May it please your Excellency, We, the undersigned Iniiabitants of Bytown and its Vicinity, beg leave to ofTc your Excellency our sincere Congratulations on your Arrival in this Pro- vince, and on connnencing the Discharge of those high and important Duties attached to the eminent Situation in which our revered Sovereign has been pleased to |)lace you. The recent Events in your Excellency's Council have been received by I'.s with il'">u Regret, as haj)pening at so early a Period atler your Arrival among us, and fearing that some temporary Inconvenience might be felt by your Kxcellenty being dej)rived of the Assistance of those who had been tleemed qualified to act as Advisers in Cases where your I'lxcellency might think i)r()per to consult them. But when we reflect that some of the Council had been selected by yoiu* Excellency's Predecessors, and that your Excellencv has been pleased to express your Regret that a Difference of Opinion should be deemeil (11.) B b l by I- I k;! 'I I ■■ I. 1 u 203 DESPATCHES FROM SIR 1. D. HEAD, Bafit., No. 9 birF. B, Head to Lord Glcneig, ■-Mst April 183C. Knclosiire No. 3. Addresses from the Provinces to Lieut. Goveriiur. by them a sufficient Groiuul for withdrawing tlieir Services, it would ill become lis, either in reference to your Excellency's Predecessors (of whose Services to the Country we entertain a grateful Recollection), or to your own Opinion, so candidly expressed, to indulge in blaming those Members of your Council who have acted as they have thought incumbent on them to do. We cannot however allow this Opportunity to escape without conveying to your Excel. lency our grateful Thanks for tiio candid, firm, and open Declaration of the Line of political Conduct your Excellency has been pleased to avow ; and we iiail tlic clear and open Exposition of the Principles of our happy Constitution which your Excellency has been pleased to set forth as the surest Pledge we can receive of tiie Sentiments you entertain, and that under your Excellency's Administration those Principles, so dear to every loyal Subject, will be maintained witii unsullied Purity. With unqualified Sentiments of Approbat'on of the Line of Conduct liereto- fore pursued by your Excellency, we beg Ijave to convey to you at the same Time tiie Assurance of our high Estimation of the many Privileges we enjov under the Protection of tiie British Government, Privileges so tlear and justlv appreciated by every Well-wisher of this Province, that in their Support, and (if need be) in their Defence, your Excellency may implicitly rely upon the Zeal and good Feeling of the Inhabitants of Bytown and its Vicinity. Number of Signatures attached to this Address, SH. (N0.II.B.) To His Excellency Sir Fhancis Bond Hkad, Knight Commander of the Roval Hanoverian Guelphic Order, and of the Prussian Militiiry Order of Meiit, Lieutenant Governor of the Province of Upper Canada. May it please your Excellency, We the undersigned Inhabitants of Bytown and Vicinity, fully appreciating the Blessings of the British Constitution, under which we live, beg leave to address your Excellency at the present eventful Crisis. The Principles of our Constitution, which your Excellency has so clearly defined, and the Firmness which you have exhibited in upholding them, are Sources of unmingled Pleasure to us ; we accordingly return your Excellency our most grateful Thanks, and we earnestly pray that you will never depart from them. We think we see, in the Conduct of certain Individuals whom your Excel- lency was pleased to elevate to your Council (acting, as they manifestly did, under the Guidance of the Leader of a Political Faction), Signs of an already deeply rooted Conspiracy against that Frame of Government which has fostered and encouraged this inhuit Colony ; but we have the utmost Confidence that, by a Continuation of the Decision which your Excellency has already exhibited, evincing, as it does, an intimate Foreknowledge of our real Interests, we shall be spared from democratic Tyranny, and still ha\e the Happiness to remain a Part of the British Empire. ^^'e deprecate the Conduct of those who, pretending to represent the Sentiments of the People, either n n Ignorance or Treaclicry, or both, nakc uf»e of Language towards your Excellency, as the King's Representative, no; only grossly insulting towards His Majesty, but higlily degrading to theiuselve.v and abusing their legislative Privileges by distributing through the Province, at the Expense of a much injureil and deceived People, a seditious Petition tin^ Signature, calling upon theinselves to stop the Supplies ; thus more clcaHl' proving the Existence of the Conspiracy beh)re referreil to. Your Excellency may however be assured that the Body of the People will not fail in their Allegiance, should the Day of Trial arrive ; and we jjledfie ourselves to support your Excellency in the Maintenanceof the just Prerogaiius and Authority of His Majesty over this Province. Number of Signatures attached to this Address, 70. To His Exce (No. I'.'.) ON THE SUBJECT OF CANADA. 201 Addresses from llie Provinces to Lieut. Governor. ■ ' (No. 12.) ' • No.g. To His Excellency Sir Francis Bond Head, Knight Commander of the Royal ' to Hanoverian Giielphic Order, and Knight of the Prussian Military Order of Lord GlenelKS Merit, Lieut. Governor of the Province of Ujiper Canada. 2 1st April 183G. We, the undersigned Inhabitants of the Township of Gcorgina, beg respect- Enclosure No. 3. I'uily to state to your Excellency the Surprise and Regret with which we view the sudden Resignation of the late Executive Council, at a Period when their Services were most required. We also beg to state the Concern with which we observe that printed Petitions addressed to the House of Assembly are in circulation for Signature throughout tiie Country, prating that House, in consequence of such Resignation, to adopt Measures unconstitutional in themselves, injurious to the Interests of this Province, and tending ultimately to its Separation from the Parent State. Aware of the rational Liberty we enjoy under our present Constitution, and of the Advantages this Colony derives from its Connexion with Great Britain, we should look with Alarm upon such Attempts of factious Demagogue and their deluded Followers, but that we rely, imder Providence, upon that steady and fearless Execution of your Duty which your Excellency has already shown for tlie Preservation to us of these Blessings unimpaired. Number of Si^^natures attached to this Address, CO. (No. 1.3.) To His Excellency Sir Francis Bond Head, k. c. ii., &c. &c. &c., Lieut. Governor of the Province of Upper Canada. We, His Majesty's dutiful and loyal Subjects, Inhabitants of the Township of Guelph, in the District of Gore and Province aforesaid, Respectfully represent, That we view with extreme Regret the strenuous Exertions now making by a Portion of the Residents of this Province to embarrass your Excellency's Government, and thwart the gracious Intentions of our beloved Sovereign, as expressed in your Excellency's Communication to the Two Houses of the Legislature. Tiiat we respectfully beg to make known to your Excellency the Satisfaction we feel in the Determination expressed by your Excellency, to uphold inviolate our excellent Constitution, perfectly satisfied that it secures to all Classes of His Majesty's Subjects that true, equal, and perfect Liberty which ever emanates from the Spirit of the British Constitution. That we beg to assure your Excellency of our firm Determination to support by every Means in our Power your Excellency's Admuiistration in the Enforce- ment of the Laws, and the carrying into efl'ect His Majesty's most gracious Intentions. Guelph, 5 April 1830. Number of Signatures attached to this Address, IGJ. (No. 14.) To His Excellency Sir Fuancis Bond Head, Knight Commander of the Royal Hanoverian Gueli)hic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of Upper Canada, &C. &c. &c. May it jjlease your Excellency, Wk, the undersigned Inhabitants of Poterboro' and its Vicinity, beg leave most respectfully to appro;icli your Excellency with an Offer of our sincere Thanks for your uncompromising, manly, and straightforward Conduct since you assumed the Administration of the Government of this Province ; we feel from it a most cheering Confidence for the future, and earnestly hope that your Excellency may see no Cause to alter the Course you have so ably struck out for conducting the Afliiirs of the Government. (tl.) Co We .l/ii t'!f !' i- I 202 No. 9. Sir V. B. Head to Lord Glcnel^, 21st April 1836. Enclosure No. 3. Addresses from the Provinces to Lieut. Governor. DESPATCHES FROM SIR F. B. HEAD, Bart., We view with Sorrow and Disapprobation the vile Attempts which have been made to embarrass your Excellency ; and again thank yon, Sir, for the able and firm Manner in which you have met them. We are perfectly willing, and will be at any Moment ready, to support your Excellency, whenever it is nccessan that our Energies should be called forth for that Purpose. Number of Signatures attached to this Address, 1,02G. Fourth Enclosure in No. 9. Enclosure Nr. -l. Report of C'diii- mittee to Commons House ofAssoniblv. Report of Committee to Commoks House of Assembly. To the Honourable the Commons House of Assembly. The Committee to whom was referred the Correspondence between His Ex- cellency the Lieutenant (Jovernor and the late Members of tlie Executive Council of this Province, having examined the various Documents referred to them, and having carefully considered the Subject discussed in tlie Correspon- dence, submit the tbllowing Report : Tlie Committee are deeply convinced of the Truth of Lord Glenelg's Opi- nion, " that the present is an Era of more Difficulty and Importance tliaiianv which has hitherto occurred in the History of this Part of His Majesty's Domi- nions ;" and not less are they con\ inced that the Difficulty has been mcreased, instead of being diminished, since the Date of Lord Glenelg's Despatch. It is at such a Crisis that we are called to the Discussion of a Question of vital Lnportance to the People of this Province, a Question which, in the Opinion of the Connnittee, is no less than this : whether we have, as we have been taught to believe, a Constitution " the Image and Transcript of that of Great Britain," or have only a mutilated and degraded Constitution. The increasing Dissutisfaction which has been j)rodnced by the Mal-adini- nistration of our Provincial Ailairs, under Lieutenant Governors Gore, Mait- land, and Colborne, has l)ecn so well known and so general that even the Colonial Office seems to have been awakened to a Sense of the Necessity of ameliorating our Condition, by holding out the encouraging Prospects of Relief i'.nd Ilelbrni. To our Complaints, too long neglected and unredressed, Atten- tion was at length to be paid. Sir John Colborne (with whose Measures, Maxims, and Advisers His Majesty's Subjects had long been dissatisfied,) was removed, and a Lieutenant Governor was sent out to administer the Afiiiirs of the Province in such a Way that the People should have Reason to be attached to the Parent State, from Sentiments of Aflfection and Gratitude, as well as from Principles of Duty. As he was a Stranger to the Province, to its Affairs and History, to the Wants, Sentiments, and Habits of its Inhabitants, and as the ^Measures complained of, under Sir John Colborne's Administration, had I)cen attributed, in a great Degree, if not altogether, to evil Advisers, much Anxiety was felt that the new Lieutenant Governor shoidd call to the Executive Council Persons in whose sound constitutional Principles, Integrity, and Prudence the Country could put Confidence. The A])pointinent of Messrs. Dunn, Baldwin, and lloipli, therefore, afforded general and lively Satisfaction, not nnmixcd, however, with serious Ap])reIiensions that the Influence and Presence of the old Councillors, who were supposed to have advised Sir John Colborne, woiild embarrass His Excellency anil the new Councillors in the Pursuit of a more impartial, conciliatory, and constitutional System of Government. The House antl the Country were not then aware that this Lxeeutive Council had been used as a mere Screen for the Acts of the Lieutenant (iovernor ; on the con trary, it was generally understood that they were consulted on the Afiiiirs of the Province. That the Principles of the British Constitution were not put in practice, as it regarded this Council, in one respect, was well known, and !iad bern the Subject of earnest Complaint on the Part of your HonouraLli' House; we allude to the Pact that Persons had been api)ointed or continued > Councillors whose poli- tical Opinions or Principles were in opposition to those of the Peojde and their Rei)resentativcs. ON THE SUBJECT OF CANADA. 203 No. 9. Sir F. ». Head tu Lord Gleiielg, 21 at April 1836 Enclostiru No. •! SeeRc|iresenlalion of the Council, |>. n2 ante. Representatives, and in many Cases to the express Wishes and Intentions of His Majesty's Government, as, lor instance, the contemptuous Treatment given to Lord Cioderich's Despatch, as well as to its Noble Author. But the Country were ignorant how much the Aftairs of the Province had been conducted by the arbitrary Will of the Lieutenant Governor himself, with no other Coimsel than the secret Suggestions and Recommendations of unsworn, irresponsible, and unknown Advisers. Much and justly as the Peoj)le of this Province have been dissatisfied with the mfttee'toCommons Condition of our public Affairs, they were nevertheless not aware of the Extent House of Assembly. to wliicli the unconstitutional Proceedings of the Lieutenant Governors of tills Province had been carried. Every Day, however, discovers new Cause of Complaint on the one hand, and the contemptuous Inditlerence with which all Complaints are regarded on the other. From the i^ocuments referred to the Committee ii pretty plainly appears that the Lieutenant Governor had not consulted the Council at all after the new Councillors were sworn in, although during the Interval between that Event and their Resignation Three Weeks of anxious Expectation on the Part of the People and their Representatives had elapsed, and during that Time His Excellency had made various Appointments, which he could not make advantiigeously or properly without Information and Advice from some one. His Excellency also refused to give the Royal Assent to a Bill demanded by Justice and Humanity, and passed for more than Ten Years almost unanimously by repeated and different Houses of Assembly, although, during the present \Vintcr, Lord Gosford had informed the Legislature of Lower Canada that the Royal Assent would be given by the King in Council to a similar Bill which had been passed by the Parliament of that Province, and reserved for the Signification of His Majesty's Pleasure. Upon this Refusal to assent to a Bill which had thus received the Sanction and Approbation of both Houses of Parliament in Lower Canada, and both Houses of Parliament in Upper Canada, and been approved of by His Majesty's Government, atler deliberate Consideration, it is plain that the Executive Council had never been consulted, and indeed all the Measures subsequently adopted so disappointed Expectation as plainly to indicate, either that the Council were not consulted, or that the old Members, with the Umpirage of the Lieutenant Govcmor, predominated. Your Committee are forced to believe that the Appointment of the new Councillors was a deceitful Manoeuvre to gain Credit with the Country for liberal Feelings and Intentions where none really existed ; for it was notorious that His Excellency had really given his Confidence to and was acting under the Influence of secret and unsworn Advisers. Under these Circumstances the Council seem to have been led (in conformity indeed with a Suggestion of His Excellency himself) to examine the Nature and Extent of their Duties under the Constitutional Act, and having discussed the Subject with His Excellency personally at the Council Board, they united. Ten Days afterwards, in an unani- mous and respectful Representation in Writing to His Excellency, in which, after adverting to the critical State of public Affairs, and the general Discontent with the past Administration, which no one can doubt, they state their Views of the Constitutional Act (31 Geo. 3. c. 31.), as it respects the Executive Council, and draw from it the following Conclusion : " Firstly. — That there is, according to that Statute, an Executive Council. " Secondly. — That they are aj)pointed by the King. " Thirdly. — That they are appointed to advise the King and his Representa- tive upon ' the Affairs of the Province' No particular Affairs arc specified j no Limitation to any particidar Time or Subject." They represent that according to our Constitution the Lieutenant Governor should consult the Executive Council upon the Affiiirs of the Province generally, and not merely occasionally, altiiough (except in certain Cases where their Concurrence is by Statute expressly required) His Excellency would still be at liberty to reject the Advice when given ; and they recommend that, with the Exception of those Matters of so weighty or general a Character as not properly to fall under any particular Depaitment, and therefore fitted for the Deliberation HI.) C c '2 of I'ii DESPATCHES FROM SIR F. B. HEAD, Baiit., No. 9. Sir F. K. Head to Lord Uleiiel^, 'JUt April IMtl. KTiclosiiro No. A. Hf |)ort of Coiii- niiitee to Common' Huiisc ot'Asscinblv ^ce p. 153. ante. See p. 150. iiDte. of tlie Council collectively, the Affairs of the Province should be distributed into Depiu-tnients, to the Heads of which shall be referred such Matters as obviously appertain to them respectively. We have been careful to state the exaci lositions of the late Council, as contiiincd in their llei)resentiition, because it important to know what are the real Points in controversy, and because His Excellency, in various public Documents, has given (to use the mildest Tenns) a very erroneous Account of these Propositions, lie describes them as attempthig to divest him of his Re- sponsibility, and of his Power and I'atronage, although nothing was proposed by the Council, except that which we have above stated. Your honourable House will observe that the late Executive Council, in their lle])resentation to His Excellency, have placed their Duties upon the most moderate Scale. It is merely proposed that the Affairs of the Province should be submitted f()r their Advice before the Lieutenant Governor exercises his own discretionary Power upon them ; and if the general Business were, as recommended, ilistributed into Departments, it would obviously facilitate tlie Ueierence of any Matter by His Excellency fiir Information or Advice. Yet this simple Proposition, in the Opinion of your Committee so reasonable tea candid and so acceptable to a ircU-constituted Mind, is repelled by His Excel- lency with seeming Indignation, and the Councillors, in a most arbitrary iSianner, coerced from their Office, and after their Resignation literally traduced. Upon such official Conduct (whatever the Station from which it comes) your Conmiittee cannot forbear freely to animadvert, for the Country will in vain look for tiilented and honourable Men to fill the ])ublic Stations, and aid tlie Conduct of public Affairs, if sidyecicd to Ignominy and Reproach, with- out Vindication by the Representatives of the Peo]ile, whose highest Interests in the King's Councils they have undertakiri to serve. It is therefore with Pain your Conmiittee notice, in the Conclusion of His Excellency's Reply to the late Council, the discreditable Alternative offered them, it ajjpears from Mr. R. Baldwin's Letter, that when he and his Col- leagues acce|)ted tlie Invitation to join the Executive Council their political Princijjles were made known and very fully cxphiined to Sir Francis Head ; and wiieii jointly waiting upon him more formally, to receive a imited In- vitation, it ajipears he accepted their Services with the avowed Retention of the Oi)ini()ns they had hitherto publicly entertained and acted on, even declaring, with great apparent Frankness ami Magnanimity, tiiat their Seats in the Council would ailbrd them a better (Opportunity of confidentially presenting and urging their Views, ^^'ith such a Latitude professedly given them, it became their Duty, in the Opinion of your Committee, upon assum- ing their Office, to advise His Excellency upon the Affairs of the Province, and, in their Opinion, as to the constitutional Manner in which it might be best adminihtered, hi the 'J'erms of their Oath, " for the Good of the King and this Province, and for the Peace, Rest, and Tranquillity of the same." Such is the Substance of Mr. Baldwin's manly and honourable Letter. AniiiKiled with these lo^al and patriotic Feelings, and conversant with the Condition and Expectation of the Country, it appears they joined in the Repre- sentation dated the Itli of March 18.ju, embodying their united Views in a ^Manner unreserved, candid, and respectful. To this Representation Sir F. Head sent a iteply, concluding with the following Words: "The Lieutenant Governor assures the Council, tiiat his Estimation of their Talents and Integrity, as well as his personal Regard for them, reniain unshaken, and that lie Is not insensible of the l)ifficuitie^ to which he will be exnosed should they deem it necessary to leave him. At the same Time, should they be of opinion that the Oath they have taken requires them to retire from his Confidence, rather than from the Frincipb they have a\o\ved, he begs that, on his Account, they will not for a Moment hesitate to do so." It appears to your Committee that, however sensible the Council might he to the Honour of being confidential Advisers of the King and his Representa- tive in this Province, and however anxious to avert the Embarrassments His Excellency justly apjnchended, yet, having entered His Majesty's Service witli known Principles, and as a Duty communicated them officially, they could not Jionouu'bly retire from these Princijiles, to which, as their Representation testified, they properly attached so much Importance and Truth. Hence uj-on No. './. Sir F. H. Iltad to Loril tileiielu't 2 1. St April In3(i ON THE SUBJECT OF CANADA. this ik'licate Subject Mr. Baldwin nobly observes [see his Letter in the Appen- dix, marked (C), p. '^39.] : " Having, in the Uepresentiition alluded to, but reiterated in a more formal Manner, in conjunction with my Colleagues, under the Sanction of the Oath (.vliicli I Iiad in the meantime taken), the same Principles and Opinions which His Excellency knew me to entertain previous to iiis honouring me witli a Seat Em-iDjure No. 4. in his Council, however tlesirous I might be of giving my best Support to His • • Excellency's (iovernnient, or of not hastily abandoning the important Duties ot' '^^P""]' "•' t^""'- my Situation, which had been most unwillingly assumed, 1 could not for a Hmis^'fAsTJinbir Moment hesitate when the Alternative presented to me was the Abandonment either of my Principles or my Place." Your Conuiiittce cannot hesitate to remark, that this Proposition of Sir Fran- cis Head, in the secret Council Chamber, to retiiin them in his Service if they would retire from their Pruiciples, was highly objectionable, derogatory to the Honour of the King, and demoralizing to the Community. Among the criminating Views urged by His Excellency against the late Council, since the Date of the Correspondence, will be found a Complaint apiinst tiicir concluding Prayer, as follows : " that should such a Course not be tkemed wise or admissible by the Lieutenant Governor, the Council most respect- fully jnay that they may be allowed to disabuse the Public from a Misapprehen- sion of the Nature and Extent of the Duties confided to them." This Request n)ight, in the Opinion of your Committee, have been answered by a frank Avowal of the alleged Intention, " after a few Moments more afforded for Reflection," to consult them to such an Extent as to render their Praver " ])ractically useless;" but being, in the strange iMisaj)prehension of His Excellency, "sworn to be dmnb," and therefore kept by him religiously mute from giving him any Advice, the late Council appear to your Committee to have had bctbre them only TwoCourses ; viz. either to obtain a more cordial andconstitu- tional Intercourse with His Excellency, or discreditably to keep up the prevailing public Deception respecting their Duties. W the Council woidd have recanted, and kept the frivaf Secret, viz., that there were 110 Secrets, they might, as the llc))ly shows, have dishonourably retained His Excellency's Confidence. But for what honest Piupose could it be desired not to undeceive the Public, who had so long, under a ]\Hsaj)prehension of the Nature and Duties of the Council, direeteil their Reproach against them as the presumed concurrent Ad- visers of Misgovernment? If it is «-;w/g- that the Council should advise upon the " Atlairs of the Province," is it right falsely to make the People ascribe to them such Duties? Was it criminal, as is pretended, for them to ask Leave to communicate to the Public, not any ])articular Matter, or their Advice upon it, but merely to correct a public Misapprehension of the Nature and Extent of the Duties confined to them ? Was it generous or just for His Excellency, under the Pretence of the Oath they had taken, to compel the new Councillors to subject themselves unjustly to the same Reproach as had been heaped upon the old ones, f()r suj)posed Acts they had never done, and for sui)posed Advice which luul never been asked or given ? Was it magnanimous or honourable for a Lieutenant (Jovernor, who professed to take upon himself all Respon- sibility f()r all Mismanagement of our Affairs, to screen himself from Censure by allowing it to be unjustly imputed to a "diniib" "defenceless" Council? Would it not have been more manly to say, "lam the onltj respon- se Person. You shall not be blamed for my Acts ; therefore disabuse the Public, that tlu'U mail never charge against ijou wliat is wholly chargeable against me?" But, on. ;lie contrary. Ills Excellency condemns them, almost as Viola- tors of their Oath, fi)r desiring to undeceive the Country, and for betraying so much Seiisitivciiess about mere Character and Reputation ;is to undervalue the Honour of innocently braving all the Odium of His Excellency's unadvised Misdoings in his Government. Tliis is a Species of political Gallantry from which the Council seem humbly to have wished to be relieved ; a Wish, however, which His Excellency indignantly resents. Your C^ommitteC are unable to discover, in the Conduct of the late Council, any Grounds for the reiterated Assertion of His Excellency, that they wished to deprive him of his Responsibility and Patronage. The Responsibility of the Governor should, in the Opinion of your Com- mittee, consist, in a great measure, of selecting good Councillors, and acting with their good and rejecting their bad Advice. The Advice of the Executive (4.L) C c y Council, m4 i^,'- \ . J ' ;i: ; V if 1 ■ ■ ! i "' ' m jU,^ i J ^ jj^^^ 9M DESPATCHES FROM SIR F. B. HEAD, Bart., I,i No. 9. Mr F. U. Head to Lord Ulenel);, 2 1. St April 1836. Knclosure No. l. Report of Coni- niittt'e to Commons House of Assembly. Sue p. ante. 159, IGO, Council, given in the Terms lately proposed by them, would inform the Judg. nient but not in)])air the Uesponsibiiity of His Excellency. A Jiuy are not the less responsible for their Verdict because they hear Evidence, the Counsel, anil the Judge. And to your Committee it seems puerile to urge, that should an Executive Council give Advice to a Lieutenant Governor, he shoultl have no Responsibility in acting on it. The same may be said about the Patronage. This Patronage chiefly consists of Appointments to all public Offices tiiroughout the Coiuitry ; and as His Excellency professes himself to your Honourable House to be a Stranger lately arrived amongst us, unacquainted even with the political Diflerences of the Mother Country, and necessarily (as all his Successors from England must be) wholly ignorant of this Province, it seems rational and prudent, that before making any such Appointment to Oflice he shoidd receive the Advice of the Council, in conjunction with whom lie could make better Inquiries and arrive at safer Conclusions than by his own unaided Judgment. When therefore His Excellency contends that he will not take Advice upoj the Affairs of the Province because it takes away his Responsibility, and that he will not consult the Council about Appointments to Office because it will take away his Patronage, it practically amounts to a Declaration that he will carry on an arbitrary Government, not because it is the best calculated to advance the Peace and Prosperity of the Country, but for the selfish Puqiose of disjjlaying the Extent of his Power ; for it is not pretended that tiie Con- stitution prevents him from consulting with the Council on all Matters, if he was only desirous of doing so. But the Lieutenant Governor deliberately declares liimself to be responsible for his Council as well as himself to His Majesty's (iovernment in England. This Kind of Responsibility Cinuleniably existing) we have witnessed in the Examples of all ])rec"diiig Governors ; and Experience dearly bought has proved that Liability to a Patron in Downing Street, 4,000 Miles off, is unavailing for any practical Piupose. And even assuming this Responsibility to continue, it does not lessen the manifest Exjiediency and Wisdom of guarding against even unintentional Errors in the Conduct of our Affairs, by the Inter- vention of sworn Advice from Coimcillors selected by the Lieutenant Governor himself for their Talents and Integrity. The Counsel given would produce here safe and happy Government, and instead of destroying Responsibility in England would only lessen the Necessity of a frequent Aj)peal to the Throne and to the British Parliament for the Redress of Grievances, even of the most sid)ordinate Kind. Your Committee cannot forbear to notice the Lieutenant Governor's Charge against Four of the late Executive Councillors, whom he accuses with " having changed their Opinions." Sir Francis Head is the last Person who should have proniidgated such a Reflection against any of the late Servants, particularly against those to whom he had introduced Gentlemen avowing the Opinions wliich it is insinuated they ind)ibed. How could they sujjpose that His Excellency was angrily opposed to the Principles he had infused into the Council ? But it seems he formed the Council of Persons who, he thought, entertained opposite and discordant Sentiments ; and because, instead of quarrelling and wrangling among themselves, they discovered ni their Pro- ceedings a ha])py and useful Concord in ])ublic Business, he dismisses them for their Unanimity, and then ungraciously charges one Part with holding unconstitutional Views, and the other Part with being Converts to them. And all these Attacks are made upon them by His Excellency, who at the same Time declares them to be defenceless, " because, being sworn to Silence, they are deprived by this Fact, as well as by the Constitution, of all Power to defend themselves." Nevertlieless, to your Honourable House, and in answer to popular Addresses, he is continually urging Constructions and Statements against the Council which ought in Fairness and on every Principle of Honour to be allowed to be answered, or never to have been made. Your Committee feel surprised at the public Answer of His Excellency to the Address of the City Corporation. Your Committee have procured a cer- tified Copy of this Address and Answer from His Excc.ency's private Secretary, which they hereunto annex, in which he expresses " Astoiiishmenl" that those Principles " suddenly appear from a • Quarter from winch he cer- tainlij ON THE SUBJECT OF CANADA. 207 No. 9. Mr V. H. He.d tu Lord (ilenek, •Jlst April isi^. Encloaure No. -I. tainli/ lenst expected it,' from the Kxecutive Council itself." It is but just to the late Council to remark, that the Announcement of such Principles from a Council into which His Excellency had himself knowingly introduced them with Mr. Baldwin and his Coadjutors could not, in "Oindoiir," be a Matter of "Jxtuiiisltinent ; " nor can your Committee consider it done " siiddenli/," after an amicable verbal Discussion wi.'.i him in Council Ten Days betbre, or that it could be "certainly least expected" from sworn Advisers known to him to Rg„„t„ftoui- entertain these Princij)les, and bound by His Excellency's Invitation to the mitieetoConmioni (rank Interchange of Opinions, as well as by every Obligation of Honour and House of Assembly Duty, to express them to him. It is therefore plain, that the Principles are re^arJed with " Astonishment " by His Excellency when there was no Reason to feel it ; arc denoimced as obtruded by the late Council "suddenly" after thev had been debated for fl't-eks ; :'i'c condemned as emanating from a " Quar- ter" into which he had himself knowingly introduced them ; and are said to have been " lenst expected" from Men whom he had himself m Council sworn f'earlessli/ to advise him according to their honest Convictions. The iate Council are charged by His Excellency, in the last-mentioned Docu- ment, with resting their Claims in the a])pendcd Rejjrescntation very nearly on the t()ll()wing Grounds : " 1st, That the Responsibility they assume being a popular One, daily increasing, is consequently the Law of the Land. And, 'idly. That though the Powers they retpiire arc no where expressed in the Constitu- tional Act, they were evidently intended to have been inserted." Your Committee have comjjared tiie above professed E))itome of the Grounds taken by the late Council with the Re])reseiitation itself from which it is avowedly ilediiced ; and the Grounds, thus charged by His Excellency against the Council as asstuned by them, are so utterly and so obviously at variance with Gindoiir as to defy any courteous Conunentary without Injustice to the comtitutiomd Question at issue. In the Answer of His Excellency, accompanying the Dorr.mcnts between himself and the Council, he states, that "with every Desire to consult my Coun- cil, I was preparing for their C'onsideration important remedial Pleasures which I conceived it would be advisable to adopt, and hail they but afforded me those few Moments for Reflection which from my sudden Arrival among you I fancied I might fairly claim as my Due, the Question which so unneccssnrdjf they have agitated would have proved practically to be useless." iv is oiiijrular that this latent Intention of His Excellency is not even hinted in his Ile])ly to the Council, but is reserved for Disclosure as a Means of criminatmg tiieni after their Resignation was effectetl by the xVlternative of " abandoning their Prhiciples or their Place." Considering tlie Relation which ought to exist between a Governor and the Executive Coiuicil of the Province, it was not, in the Opinion of yoiu" Committee, dealing ingenuously with them, to take most linportant Steps without their Advice or even Knowledge ; and it must have been a humiliating Position for Gentlemen, distinguisiied as His Excellency admits for "their Talents and Integrity," to imagine that His Excellency was "preparing important remedial Measures," not in dignified and constitutional Co-operation with his highly-gifted Council, but by the Aid of unsworn and irre- sponsible Persons luientitled to Confidence. Such Conduct did not redeem the Pledge to the late Council, upon accepting Office, of his " implicit Confidence ;" and when, after Three Weeks merely nominal Councillorship, they resign, it is alleged, " had they afforded him a feio Moments for Reflection, the Question which so unnecessarily they have agitated would have ])roved ])ractically to be useless." If such is the Truth, — if it was intended (after a J'eiv Moments for Reflection) to consult the late Coinicil to such an Extent as to render their Representation " practically useless," why ilid His Excellency require them to "abandon their Principles or their Place"? Why dii! he, in his own Language, "drag the Question into Daylight, in order that it might be openly, fairly, and constitutionally discussed," when it was his avowed Intention shortly to render the Agitation of it "practically useless" ? Under such a Prospect it was inexcu- sable Misrule to fill the Country with Consternation and Dismay upon a Matter respecting which he had the Power, and pnif losses to have had the Intention, to satisfy Public Expectation ; and after importuning the Honourable J. H. Duini, ;ind R. Baldwin, Escp, under an overwhelming Pressure of recent domestic Afflic- tion, and Dr. Rolj)h amidst profe.ssional Avocations, ' > voluntary Retirement from public Life, to join the Council, in order to aid the King's Government, it (41.) C c 1. was !•>)( ■ ' ' ' i li . . 1 i', aos DESPATCHES FROM SIR F. B. HEAD, Baut., No. !). Sir F. li. Head ti> I^ord Uleiiclg, ■2\>l April 183(i. Enclosure No. 4. Kefisrt of Com iiiittee to Coniiuun House of Asscniblv. was most nnf^enerous to almost expel them his Council, merely for offeiinij a Siij^cstion whicli, after a few Moments more Retleetion, he intended so tiir to follow as to render their Representation " ])ractically useless." It siiould be particularly observed that the Uepresentation of the late Council was signed by all the Councillors, was the deliberate, unanimous, conscientious Opinion of (Jentlemen of ditlerent political Parties; of those who had Icnii;; been in Office, and of those who had just been apjwinted ; not as to a mere theoretical Question, but as to a Question practically atfecting their own Duties under the ',_ Constitution of th.e Country ; was not a Movement to serve any political Party, but was calculated to meet the Views antl Wishes of all Parties; and that, liejiiir in Writing, His Excellency could take his own Time to consider it. Finally, ;is this was a Matter of no ordinary Imi)ortance, and as the Councillors had delivered their \'icws in Writing signed by all, (a ])roper and constitutional Procoi-ding on such great Questions, in the .Judgment of the Counnittee, and certainly tlie most respectfid to his Kxcellency), it would have been no great Stretch of Courtesy to the unanimous and confidenti"' Advice of his Councillors, if, in case he differed from them, he had referr.a it, with his Observations, to His Majesty's Government, instead of indulging his arbitrary Spirit, and requiring tlieiu to resign for the mere Expression to him in confidence of their Sentiments. It niav be observed, that, without being obliged to concede tlie Principle maintained hy him, or to compromise his Character or his Dignity, he might frankly have consulted them in the meantime, of his own Accord, on all important .Matters, and have obtained thereby Advice and Information which would lune been highly uselid to him, and which in fact he necessarily must seek somewhere. By this Means he would have prevented the present Excitement, and tiie Dis- cussion which has been forced upon the Country of Forms of (iovernmctit anj fundamental Principles of the Constitution ; a Discussion which connnon I'm. deuce will admonish all settled (Jovernments to avoid. 'Piiat he might have consulted them uj)on all the Affairs of the J'rovinco, even if he was not obliged to do it, there can be no Doubt. Such a Course, if not enjoined, is evidently not forbidden by the Constitution, or by the Royal Instructions, or by any Law or Authority whatever. It is not borrowed from a Republican (iiovenimoiit or Republican Institutions, but is a Hritish Usage, and according to Ihitisli Prin- ciples. It seems, however, fi'om his own Declaration, that he was wailing tor an Opportunity to force this Discussion ui)on theCoimtry; or, in his own l,angnai>e "to drag this new Theory into Daylight, in order that it might be discussed." The Committee and the House are theretiire " ilragged" into the Discussion oi it, not by the Executive Council, not by any factious or party Proceeding, but by His Excellency himself, who, it a])pears, notwithstanding his short Arrival in the Country, rather courted the Discussion of it than otherwise ; lc>r it will be observeil that he stated, in answer to the Corporation, as follows ; " Finding that this new Theory was rapidly gaining (iround, I resolved to offer it no secret Ojijiositioii, nor in any way to vxerf, my Iiiflae.uce to oji/Htsa it; but I di'tcrmined the veri/ first Time it should come well within my nuich that 1 would drag it into Ddiiliglit" lie. The Committee cannot but remark, that hitherto the Executive Council have .sustained the ])ublic Censures for the Misconduct of our .VHairs, upon which it has always been supposed they have given a concurrent Advice, and upon that Account past Lieutenant (Jovcruors, as well as the British (iovernnient, have su.staiued their Ottico in Dignity, and been treated personally with Kospcct. It is tluufore with great ('oneeru we learn fi'om various public Doc(niionts emanating fi-oni His Excellency upon this Subject, that he desires to relievo the Co(Uicil from all Participation of popular Displeasure, iiu'vital)le in a Country with liberal Institutions, and to assiune it himseltl The Re[)resentali()n of the Jate Councd f'ldly expresses the Odium whicli its Members had silently endiucd; and it appears to your Committee repugnant to the Ihitish Constitution, and inconsistent with the necessary I'reservation of Respect f()r the Kingly Ollice, to bring His Representative into personal Collision with the I'eople in every Period of Excitement, and render him the ostensible Person f()r Accusation and (Jom|)laiiit. Should such a Doctrine prevail, the Royal Station in the Colony will be seriously impaired in its Dignity, ami be almost m>avoidably introcliiccd in Parliamentary Debate, and become the Point upon which will be concentrated every ManifesUition of ])opular luilignation. If all the Odium .Inch has been poured upon the old lixccutive Council had been cliargeil, as His Excellency proposes, ON THE SUBJECT OF CANADA. 209 tar to r>ritisli I'lin- w;i,s \v;ii(iii/• the AD'tiirs ofauch Pruvince ;'' and such Passages as this [Section '29.] — " with the Advice of such Executive Council as shall have been appointetl by His Majesty, His Heirs or Successors, within sucli Province, for the Ajl'dirs thereof " and such Passages as this [Section 7'j — " before such Executive Council as shall have been appointed by His ^fajesty, His Heirs or Successors, within such Province, for the Affuirs llwrcnf;" and such Passages as this, — " as such (lovernor. Lieutenant Governor, or Person administering the (lovernment shall, witii the Advice of the said Executive Council, jiiilge to bo expedient under the then existing Circum- stances;" all of which Passages aie found in the Act. On this Subject the Committee refer to the conclusive Argument of the Executive C'ouncillors in the Comnumication which seems to have disturbed His Excellency so much amidst his allegeil Prejiaration of" inipovtuiil vemeiliul Measures" ix\\\\ conclude that, according to the Constitutional Act, there must be an Executive Council ; that they are appointed by t'le King, and that they are appointed to advise upon the Affairs of this Pro\ince generally, and not merely upon particular Affairs or upon particular Occasions, are I'ropositious which are demonstrable from the express Terms as well as from the Spirit and evident Intention of that Act (as has been shown by the late Executive Councillors), and may moreover be inferred from the Absence of every thing of a contrary Import in the Statute. In other Statutes besides that just referred to, both Imi)erial Statutes and Pro- vincial Statutes, the Executive Council is noticeil, and their Duties are alluded to in Terms ecpially comprehensive. [See tiie Provincial Stiitute, .'JliGeo. 3. C'haj). '2. Sec. M;J., and the Hritish Statutes, (i CJeo. f.. Chap. Ill- Sec. .JO., and the 7th and Stii (Jeo. 1. Chap. (i'J. Sec. 1.] Prom these Statutes it will be seen that an Executive Council is " the Council of the Province," " ap|)ointed for the Affairs thereof," and not His Excellency's Council, or a])poiuteil li)r })articular .Vfliiirs, or any particular Purpose. They are not, as he .says they are, appointed to seivo hhn ; they are tlie Council of the Pror'uiee, " apjiointed for the A(f'(iirs of the Pniriiiee." The Distinction of His Excellency between the Council .serving him ami not the People is calculated to awaken much Concern, and .seriously impair that Identity of Interest and Purjxc > whicli (under tiie Pre- siunption of our enjoying the Ibitish Constitution) we always supposed to exist l)et\veen the king and the Pi'ople. Iiuleed it has l.>een a universal Melief, tiiuiideil, as your Committee believe, in uiu'rring Princijiles that both the Privy Council at home anil the Executive Council in this Province are the Servants of, or Iii.slrmneiits for the dispensing of good (iov.irument. Any .\ttemi)t to put up any eonllicting InttMcsts between the King and tlu> People, by creating a lieliof'.'iat in serving the Crown they tlo not serve the Country, is erroneous ill Theory ami mischievous in Practice. Ilis Excellency re|)ealedly asserts that no Executive C^)uncil was created by the british Ac*. 31 (Jeo. 3. c. 31., ami .says, "as regards even its I'-xisti'iice, the most liberal Construction which can possibly be put uuon the .said .Vet only amounts to this : that as an E\ecuti\e Council was evidently inteniled to exi.st, the Ueninant of tl) ■ old one ought not to be deemeil totally extinct until its Succcs.sor was ajipointeil." lu opposition to this .sweeping and positive Declaration, the Committee must remark, that there was no such Thing as " an old Council" of this Pro- vince; and though there hud been a Council created ibr the Alliuis of the old (tl.) D d Province i^'il h i iijii 210 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 9. Sir F. B. Head to Lord Glenelg. 21 8t April 183C. Enclosure No. 4. Report of Com- mittee to Commons HouKe of Assembly. it Province of Quebec by the British Act, 11' Geo. 3. c. 83., this Council was called a Legislative Council, ami not an Executive Council ; and your Com. mittce also deem it worthy of llcmark, that tiiis Council is spoken of in the same Terms in the said 14< Geo. 3. as is the Executive Council of this Province in the 31st of the King, viz., ''a Council for tlie Affairs of tlie Province of Quebec ;" and moreover the very First Clause of 31 Geo. 3. c. 31. repealed so much of the previous Act us in (ttiij Mminer related to the Appointment of that Legislative Council, or to the Power to them ; not " a Remnant" w of that old Coimcil, therefore, existed; every Vestige of it was annihilated, and your Committee are quite perplexed to understand how the Legislative Council of Quebec, after its absolute and inicoiulitional llei)eal, could survive in even a Remnant (as His Excellency says) till its Successor was ajjpointed. If this is good Reasoning on the Part of His Excellency, the Legislative Council of Quebec, had no Successor been ai)j)ointed, would be now in operation; and by similar Logic, by rescinding the Instructions, His Excellency might under- take to revive it. Rut the last Clause of A Geo. 3. c. 31. afforils a conclusive An.swer to all His Excellency's Assertions, that an Executive Council was not created by that Act ; for it provides that during the Interval between the Commencement of that Statute in the Pro\incc and the first Meeting of the Provincial Legislature the Lieutenant Governor, "with the Consent of the major Part of such Executive Council as shall he appohited for the Affairs of the Province" may make Laws for the Govennnent thereof, in the same Manner as the old Legislative Council for the Affairs of the Province of Quebec coidd have made Ordinances and Laws for that Province. The Council thus authorized to assist in making Laws were an Executive Council not then ap])ointed, but which were to he ai)])ointcd, and were to be appointed Jjefore the fir it Meeting ftf'fhe Provincial Parliament ; and were to be appointed, not for that particular Purpose only, but "./«'' the Affairs of the Province" generally. And yet, accoriling to His Excellency's Opinion, this Statute did not establish an Executive Council at all ; while, in iiis Reply to the late Council, he says, '* to enable the Lieutenant (lovernor to perform the arduous Duties of his Office, the Constitution has wisely provided him with an Executive Council, competent to supply liini with that local Knowledge in which he may be deficient, and to whom he may apply for Counsel and Advice." The Conunittee without Hesitation affirm, that this Act as much creates or requires the Appointment ofan Executive Council for the Affairs of the Province as it creates or requires the A])]iointment of a (iovernor. Lieutenant Governor or Person to administer the Governuieut of this Province. His Excellency, when he is promulgating and defending the novel Doctrine that he is sole Minister as well as l{epresentati\ e of the King in this Province, would do well to consider u))on what Law his own Autliority rests before he makes these rash Assertions, The official Cliaract-r and Authority of a Lieutenant Governor are no more necessary, inider the Constitutional Act, or created by it, than is an Executive Council for the Affairs of the Province ; and if the Represen- tative of tlie King can thus allenipt, by such liold Assertions, upon such slight Grounds, to explain away an inqiortant Part of that Law which is the "great Charter of our Liberties," from which His Excellency himself in one of his Appeals to the People ti'lls lliein, "they should never allow a single Letter to be subtracted," (your Committee ap[)end the Address and Answer wiiich they have received, duly certified by his private Secretary, marked IC.,) your Committee can only hope that his I'lxample will have as little M'eight as lii> Arguments. It was in a very different Spirit and with very different Views from Sir Francis Uond Head that Lieutenant (iovernor .Simcoe ri'garded this great Charter of our Liberties; that great and good iMau, whose Memory is cnv balmed in the Aileetions and (Jiatitude of tiie I'eople of this Province, was a Member of the British Parliament when our Constitutional Act was jiassed; and having served with distinguished Honour in the Colonies during the War, which had not long before terininateil, and having been acquainted with those brave and loyal People who were about to seek in this Province an Asjliini under British Laws and British institutions, he was no doubt freely consulted about the Form of Government to be given to them. The iu the fbllowiii! ON THE SUBJECT OF CANADA. 211 this Council was ami your Com. sjxjkcn of in the I of this Province ■ the Province of 2.31. repealed so Appointment of ot " a Remnant" s annihilated, and cgisiative Conncil survive in even a minted. If this is lative Council of 1 operation; and ncy might under- brds a conclusive Council was not rval between the t Meeting of the ? Consent of the for the Affairs of L^of, in the same the Province of Province. The iJxecutive Council : to be appointed e to be appointed, of' the Province" , this Statute did k^ply to tlic late tbrni the arduous led him with an Knowledge in or Counsel and much creates or s of the Province tenant (Jovernor His Excellency, that lie is sole e, would (It) well makes those rash tenant Covonior ■d by it, than is if the Itepresen- ions, upon such aw which is the himself in one of V a single Letter 1 Answer which uuked K.,) your e Weight as his A' lews from Sir rdeii this groat Memory is cm- 'rovince, was a U'l was passed; hiring the War, ited with those iici! an .AsJ'hini rcely consulted The The following Extract from Lord Rawdon's Observations in the House of Lords, in the Discussion on the Passage of the 31st of the King, will give an Idea of the Estimation in which Governor Simcoe was held. His Lordship said, " that the Gentleman whom he had heard was to be honoured with the Appointment of Governor was one of all others the fittest and most to be wished for by the Country ; his intelligent Mind, his generous and liberal Manners, his active Spirit, and j)ecuhar Abilities for that Situation, rendered him in an eminent Degree the ])ropcrest Person that Ministers could have selected for that Appointment ; and certain he was, that the Choice would redound to their Honour and Credit. " If Canada was to be governed under the present Bill, it would be well for this Country, and well for Canada, that Colonel Sinii ^e was the Governor." When the British Nation conceded to the United States the Right of forming a free Government for themselves, after their own Choice, it is scarcely credible that they intended to confer a Constitution less acceptable upon the Loyalists, who had fought, bled, and sacrificed their Property and Homes in defence of the Unity of the Empire ; and it does seem humiliating to your Conunittee, afler the Lapse of Half of a Century, to find a new Lieutenant Governor drawing so unfavourable a Contrast between oiu" local Institutions and those from which they were borrowed as to subject us to his arbitrary Govermnent, by superseding the Functions of that importiuit Branch of the Constitution called the Executive Council. The Government of tiiis Province was in fact the Subject of one of the most interesting and memorable Debates ever witnessed in the British Parliament ; and while Mr. Fox urged the Extension of the elective Principle in the new Constitution farther than it existed in the British Constitution, no one ])roposed that the Form of Government should be less jjopular or less free. Ciovernor Simcoe heard the Debates on the Subject, and in fact took Part in them ; he was the Bearer of the Act to this Country ; was the first Lieutenant Governor of the Province ; and was well (lualifietl, and appears to have been authorized by His Majesty's Government, to ex})lain to the People the new Constitution which was established for their Benelit. This enlightened British Statesman and Legislator, who certainly knew what the Principles of the British Consti- tution were, on the very opening of the first Session of the first Provincial Par- liament addresseil the Legislature from the Throne, and in the King's Name, iu the following Terms : — " I have summoned you together under the Authority of an Act of the Par- liament of Great Britain, ])assed last Year, ir/iic/i, has esldljlis/wd the British Constitution, and all the Forms which secure and )naintain it, in this distant Countrj/," " The 'VisJom and Beneficence of our most (Jracious Sovereign and the British Parliament have been eminently proved, not only iu imparting to us the same Form of (Juccrninent, but also in securing the Benefit, by the many Pro- visions that guard this menu)rable Act ; so that the Blessings of our invaluable Constitution, thus protected and amplilied, we may hope will be extended to the remotest Posterity. " The great and momenious Trusts and Duties which have been committed to the Representatives of lliis Province, in a Degree infinitely beyond whatever till this Periotl have distinguished any other Colony, have originated fi'om the lirhisli Nation upon a just Cousiileratiou of the Energy and llazartl with which its Inliahitanls have so conspicuously supporteil and delemled t/ie British Cunstitiition." Still more striking was the following Language used by him, as the King's Representative, from the Throne, iu the Speech with which he closed that Session : — " At this Juncture I particularly reeonnnend to you to explain, that tliis Pmince is .s!nimcoe, tiie first and ablest of our House of Assembly Governors, by holding him out, cither a> b.'iiig unable, from Want of Know- ledge or Discernment, to judge whctlier our Constitution was "an exact Image and Transcript of that of Great Britain," or as being an artful and unprincipled Deceiver, attempting in the Name of the King to palm ott' on a conJi(Hn~r Pleasure. The Members of both are inderinite ; the Kint>' may increase or Hell ore OI VOIIl" l'''ll TT'llI ll' f ^ "ll ''jI'I mittee to Commons dunuusli tliem at liis rleasin'o. 1 rivy Councillors are apponneu without any House of Assembly. Commission, merely by Nomination and taking' the Oath of Office ; so are Executive Councillors. In some Cases the King is required by express Enactment to do certain Acts '• with the Advice of the Privy Council," tliat is, not contrary to their Advice ; in like Manner the Lieutenant Governor is expressly required in some Ceases to act only " with the Advice; at'-I Consent of the Executive Council." The Privy Council is aj)pointed for the Aftiiirs of the Kingdom ; the Executive Council is appointed ft)r the Afliiirs of the Province. The Oatii of Office of the Executive Councillors is copied from that of the Privy Councillors ; so that the former are sworn to perform the same Duties as the latter. Eiiialiy, the King is no more bound by any express Law to consult the Privy Council on all Aliairs of His Government than the Lieutenant Governor is bound by express L;)w to consult the Executive Council on all Affairs of his Government ; neither is the King any more forbiilden to act without Advice, or upon the Suggestions of secret and irresponsible Advisers, in the Government of his Kir.gdom, than the Lieutena'it Governor is forbidden to govern the Province upon like Advice. x\iul his constitutional Advisers, the Members of the Privy Council, are no more responsible for the Advice they give to him than the Members of the Executive Council arc responsible for the Advice given by them to the Lieutenant Governor. "Where then is the DIfierence between the Privy Council in the United Kingdom and the Executive Council here? Is not the Advice of such a Council as necessary ti)r the Lieutenant (lovernor as it wouhl be for the King, if he were hero ? Is the Ri' pre sail at ire of Sovereignty so much wiser and heiter than tile Sovereign himself, — so much more thoroughly ac(juainted with the Affairs of the Country in wliich he is a Stranger to its History, and to the Habits and ()j)iui()us, Interests and Sentiments of the People, than the King is acquainted witii tiie People among whom he was born and educated? Has the Lieutenant (iovernor, who expects after a lew Years to leave us, and whose future Prospects ami Hopes, as well as past Associations, give him a personal Interest in a distant Laiul, so much more at stake in the Welfare of this Country tlian His Majesty has in the Prosperity and Happiness and Affection of His People, and in tlu' Honour and Dignity of His Crown ? In short, do History and Experience teach us that aLieutenantCJovernor, at a Distance of more than KOtiO IMiles from his Siijieriors, is so much more immaculate and iiifallihie than his Royal Master, that he does not retpiire the same Councils whicli the Constitution eonsiilers and which an Experiment of Ages proves to be necessary lor the King himself? Even I lis Excellency admits tliat His Majesty should, according to the Constitution, be surrounded by Advisers, responsible to the Country, and that the King must consult them in alt the Aflairs of the Kingdom, There is not an Argument in support of the Necessity of such a System that is not eciiially, if not more, applicable to this Colony, where the relative Weight and IiiHueiiee of the popular IJranch upon the Government is so small compared with those of the similar IJody in the Parent ("ountry. That the AHiiirs ot'tlie Kingdom should be conducted by the King, with the Advice of known aiul responsible Coiuieillors, is not a Rule or Proposition laid down in any Statute, but is a Principle that is an essential Part of our Con- .stitutioii, and if that I'art is destroyed tin; Constitution is materially elianifcd; it is no longer the British Constitution. This Princijile theretbre has been establisiied by the Necessity ot' the Cases ; and the same Necessity upon which it rests in the Mother Country exists here. Your Committee will admit that this Prineijile (in Practice) has been hitiierto disregarded in the Governinent of this Province ; and what Sort of Goverineiit have we had ? In what Condition has it jnit us ? Let the Records of your Honourable House, the Slateinents ot Executive Councillors of different political lays, that it is, pie;" so that, huncillors are e to notice for His Majesty's re moveable at iy increase or 1 without any )ffice ; so are id by express Council," that lit Governor is iv\ Consent of ; AtJairs of the " the Province, m that of the same Duties as nsulfc the Privy lit Governor is 1 Affairs of his dthout Advice, le Government to govern the he Members of jy give to him tor the Advice in the United vice of such a e for the King, iriser and better linted with the )ry, and to the uin the King is ited ? Has the us, and whose lim a personal IV el fa re of this and iVrtection In short, do listauce of more lie and infallible leils which the to be necessary Icording to the LUitry, and that li a System that I'clati'v e Wciglit [sr.iall compared J King, with the ''roposition laiil |rt of our Coii- pdly changed; .'liire has been lily upon which IS been hitiierto of Governient lecoriis of your Is of different political ON THE SUBJECT OF CANADA. 211 No. 9. Sir F. B. Head to Lorfl Glenelp, 21bt April 1836. Enclosure No. 4. Report of Coni- iiiiUte to Commons Political Opinions, the King's Instructions to Sir Francis Bond Head, and his own Admissions answer. It lias brought i: (according to tlie Instructions) to "an Era" of "great Difficulty and Importance ;" and we find even Sir Francis Bond Head addressing the People in the following Terms : " The Griiwaiiccs of this Province inust hcconrcted — im])artial Justice miisf be ndininistered : the People have askeil for it — their Soren-i'^ii has on/di/icd it ; I am here to exec.Jtc his Gracious Commands — Delay will only increase Impufiencf!. Those, however, who have long lived upon Agitation, already too clearly see their House ot Assembly. Danger; and with surj)rising Alacrity, they are now taking every ))ossible Measure to j)nevent me from rooting up the Tree of Abuse, because they have built and leathered tJieir Nests in its Branches." Witbor.t remarking upon His Excellency's Style, the Committee would observe, that in the Estimation of the Lieutenant (iovernor himselt) the Abuses of the Government have become so extensive and dee])Iy rooted, that Agitators can actually live ujion the Exposure of tiiem ; although, liow he woulil have been prevented from rooting uj) this Tree of Abuse, by receiving tlie Advice and Assistance of the Council, the Connnittec are at a Loss to perceive. It is to perpetuate and defend the System that has produced such Effects, that His Excellency exerts all the Energies of his Mind, and all the Power antl Influence of his high Office and cxalteil Station. It is to this Systeui that His Excellency has avowed such an ardent and unalterable Attachment. That u Lieutenant Governor should secretly countenance and cherish a System which leaves him entirely unchecked in the Exercise of almost unlimited Power, for which he is virtually irresponsible, is not surprising ; aiul more than one Lieutenant Governor, no Doubt, while professing to maintain amongst us the Principles of the British Constitution, has secretly ado])ted this uncon- stitutional System, h,ecause it extended liis Power, and enabled him to indulge hLs arbitrary Will , but that His Excellency, at the very Moment he admits and expatiates upon the Abuses and Giievances wiiich it has produced, should announce his Determination to contiu'ie it, and should gravely declare that the People of this Province would be ruined, if they attempted to secure to them- selves " the ven/ Imng-e and Transcript of tlie Britis/i Consfifiitioii," and that such a Constitution " woidd be productive of the most vicious Lffects," is indeed astonishing. The Views of your Honourable House on the Bight and Necessity of a responsible Government, and of our Proviucial Administration being conducted on the Principles of the British Constitution, have been more than once clearly and fully expressed, sometimes to His Majesty, and sometimes to the Lieu- tenant Governor ; sometimes directly, and at otiicrs indirectly, as Kefercncc to your Journals will anii)ly show ; but in the Address to His IViajesly, during the last Session [which Address is hereto appended, marked (II.)], this Principle was again urged; and finther, a distinct but respecttiil Intimation was aho made that the House woidd enforce their Riglits by tlie constitutional Method of withholding the Supplies t'or the Su])})ort of the Govenunent. The following Extracts from the l^vidence of .lames Stuart, Esq., late Attoi'- ncy General of Lower Canada, before a Counnittee of the House of Connnons, i21st June 18,') f, afford the Opinion oi" an able Lawyi'r, thoroughly conversant with Colonial Government: — Question 115Q. The Executive Council of late have practically had very little to do with the Governnu-ut of tlie Colony ? — Answer. It ought to have a great deal more to ilo with it. The liisiguificanry to which it has been reduced I conceive to have been the Cause of nuich Mischief in the Colony. Q, ILjii. You consider it of Utility to ha\e a permanent Administration:-' — //. I consider it should be placed on the Footing of tlie Privy Council in this Country, and consulted by the (jiovernor on all important Occasions. To the foUov.'ing Question, put by the same Committee in England to Sir James Kempt, he gave the Ibllowing Answer : — Q. \M>. If there was no Executive Council, and the (iovernor were left to govern without any such Counc'l, would it, in vour Opinion, remove (H.) 1) a 1. ' very It'll •216 DESPATCHES FUOIM SIR F. B. HEAD, Bakt., No. 9. Sir F. H. Head to Lord Glenel^, 21st April IS3C. Enclosure No. 4. Report of Com- mittee to Commons Hou»eofAsseiiiblv. p. 254, infra. ■"I very jiiiich of tlie State of irritable Feeling existing between this Part of the Legishiture and the King's Government in the Colony? — A. I have not given my Attention suffieiently to this Question to be able to answer it' but my Impression is, that an Executive Council is necessary for the "ood Government of a Colony. The Right Honourable E. G. Stanley, a JVIember of the Imperial Parliament, and lately His Majesty's Principal Secretary of State for the Colonies, who also spent some Time in this Province, thus exj)resses himself resj)ecting the E.\c- cutive Council, in a Letter addressed to Dr. W. W. Baldwin — [The autograph Letter is among the Records of your Honourable House] — "I do, however, think that something might be done with great -Atlvantage to give a reallu ri'sponsihle C/iaracfcr to the E.ircittirt; Council, which at present is a perfectly anomalous Body, hardly recognized by the Constitution, and effective chiefly as a Source of Patronage." ]\Ir. Stanley also says, — "The Remedy is not one o( EnacfiDcnf, but of Practice, and the consti- tutional Mode is open to the People of addressing for the Removal of the Ad- visers of the Governor, and refusing Supplies, if necessary, to enforce their Wishes." It will be observed that Mr. Stanley says " the Remedy is not one of Enact- ment, but of Practice ;" that is, the constitutional Act is sufficient in Enact- ments for everything required; all that is necessary is, that tiie Provisions of the Constitution should be honestly put in practice. While His Excellency declares that the Executive Council have no Respon- sibilities, and are not recognised by the 31st Geo. 3. c. 31., Sir John Colbornc, in a Message to }our Honourable House, on the !2Uth February 183.5, in Ternis almost directly contradicting the puerile Views of his Successor, states, " That tJie Respnnsiliilifies under which the Executive Council discharge their impor- tant and conhdentiiil Duty, depend ujjon the Principles of our Constitution, and upon the Ltnr of the Land." The i)ublic Docimients and Records of the Province abound with Expres- sions proceeding fi-om Lieutenant Governor Sir Peregrine Maitland, rccognisin!; in the fullest Manner the Possession, by the People in this Province, of the British ( 'onstitiitioii. Your Committee beg to give the following as a Specimen, in answer to John Hiuston and others, in the Newcastle District, published in the Official Gazette of March '2d, 18'2() : — "That I may rely on your steady and cordial Support in maintaining that unriralled Constitution, of which the Excellence has been proved by the Experience of A^es, and which those who can best ap- preciate it, as you do, will ever be found ready to vintlicate and defend." Again, in another Reply of the same Date, — " You set, Gentlenien, a just Value on your Possession of « Constitution, the most perfect in the H'orld ; aiul it is no small Satisfaction to mc to reflect, that with the vi\id Recollection which you retain ff its Blessings, in the liappv Country you have left, your firm and loyal Support will never be wanting," &c. Your Conmiittee would affirm, that the Principles of our Constitution, as uell as the Law of the Land, alike require their Advice to be given " upon the Affairs of the Pro\ ince." Your Conunittee have appended to their Report \_see Ai)]K'ndi\, marked (I.)], the Address passed in the last Session of the late Parliament (with the Yeas ami Nays), to His ^lajesty, against the interminable Interference fium Downing,' Street in the IMauagement of our local Affairs, which should be conducted hv the Lieutenant (lovernor and the Executive Council in harmony [with tlie Provincial Legislature. Although the late Parliament differed from the present in its Views and Policy, yet it was unanimous in the Adoption of the above Remonstrance. These N'iews are corroborated by J. Stephen, Esq., late Counsel to the Colonial Dejiartment, and now, it is said. Under Secretary of State tor the same. In his Examination by the Canada Conunittee of 18'38, lie »< asked, *♦ Is it your Opinion, that upon all those Questions, complicated as thcv are, with regard to the Tenure and Transmission of Property, the Colonial Legislature, with the Advantages of their local Knowledge, are much more competent todecide than the British Legislature ?" ON THE SUBJECT OF CANADA. »lt ween this Part of ? — A. I have not jle to answer it; isary for the good perjal Parhamem, .loK)nie.s, who also <|)eeting tlie Exe- -[The autograph -" 1 do, however, I to give a reatlii ;ent is a jjorteetl) ;ttective chiefly as ', and the consti- moval of the Ad- to enforce their not one of Enact- ifficient in Eiiact- tiie Provisions of have no llospoii. ir John C'olhonic, ry 183.5, in Ternis ior, states, " That large their im])or uur Conditutm, )und witli Expres- itlnnd, recogr.isiiii; Province, of the len, in answer to d in the Official teady and cordial the Excellence who can host ap- d defend." Co?istHutinn, the ne to reflect, thai gs, in the happy i)e wanting," &c, instil ution, as well given " npon the di\, marked (I.)], with the Yeas ami c tiuin Dowiiiit' ;)e condncted hy arniony [witli the I from the present ion of tlie above Esq., late Counsel •etary of State for of IS'28, ho w m})licated as they irty, the Colonial , arc much more I To To wliicli he answered : — " I cannot suppose any Man at all conversant with the Subject hesitating respecting the Answer to that Question ; exce])t there be a well-founded Dis- trust of the Disposition of the Colonial Legislature to do right, no plausible Reason can, I think, be suggested for taking this Work out of their Hands. They are incomparably better qualified for it than you can be. What should we think of the Canadian Assembly passing Acts tor the Improvement of the Law of Real Property and Conveyancing in this Country ! Yet, I suppose, they understand our System of Tenures at least as well as we do theirs," Now it must be presumed that Mr. Stephen, whose Views against the uncon- stitutional Interference of the British Parliament with the appropriate Duties of our local Legislature are so liberal and enlightened, would be equally op- posed to any Usurpation of the Duties of the Executive Coimcil ; tor assuredly resident Gentlemen, selected by his Excellency at Pleasure f()r their Talents, Integrity, and public Estimation, are " incom])arably better qualified for it" than distant Strangers, with even the best Intentions. It is enough for them in Downing Street to attend to the Matters reserved in the 31st Geo. 3. respect- ing Navigation and Commerce. These Views of the Sufficiency of our own Institutions, and the Expedi- ency of making them subservient, as they were intended, to the Purposes of our local Concerns (with the sole Exception of those s|)eeial Matters, expressly re- served by tiie 31st Geo. 3. for the paramount Authority of the parent State), are confirmed by the Evidence of the Right Hon. lulward Ellice, a Member of tlie British House of Commons. In giving Evidence before the Committee of 1828 he was asked, " Y'ou have said that your A])plication was referred to the Consideration of the Executive Council ; of whom does the Executive C^ouncil consist ?" To which Question he answered, " 'I'he Council consists of the Chief Justice and other I'ersous, ir/iose Duh/ if is to advise tlie Governor with respect to the Administration of the Country." The same distinguished Person, alluding to some Difficulties he had ex- perienced in obtaining some Change of Tenure in Property he holds in C^anada, says, " It arose probably from a very general Cause of Difficulty in that Country —a Dread on the Part of the local Authorities to act upon their own Ilesjion- sihility, complaining of defective Instructions from home ; and this, aggravated by perpetual Reference backwarils and forwards from the (Government to the Colonial Secretary, in the Hope that they might at last agree upon tiie Means of executing the Provisions of the Law." This transatlantic System, ])oj)ularly called Doirning; Street Law, to distin- guish it from the free and constitutional Operation of our local Government, is further condemned by the same Statesman in the following Illustrations col- lected from his Evidence before the same Connnittee. Alluding to the Im})osition in Canada, by the British Government, of Cus- toms Duties, he says " I aiu aware that the greatest possible Objections exist in Principle to then' doing so; but I am also aware that, in j)oint of fact, they have got over those Objections, and by the Canada Trade Act have imposed Duties to an Extent quite equal to the I^xjiense of the Civil (lovernment of both Provinces, without considting either of the Provincial Legislatures. " The Canada Trade Act, for this Purpose, hail been passed Three Years before the Arrangement with the Canada Company." Again — " Certainly the Canadians complain with apparent Reason of some Part of the Conduct of Government. An English Receiver is appointed, insufficient Securities being taken hi England: the Assembly suggest the Regulation of his Office, and subsequently, I understand, Bills were sent tq) in the Terms of a Bill passed in other Co' mies for this Purpose ; they are told this is an Encroachment on the Prerogaiive of the Crown, and their Bills are rejected. The Receiver had previously failed, in Debt to the Public about 100,000/. ; and when they say, ' As you made the Ajipointment yourselves, took yoiu' Securities in England, and rejected our Advice, it is fiiir you should pay the Defalcation,* Government insist upon their laying fresh Taxes on tlieir Constituents for it. In the same Manner they allege they have sent up Bills for the Regulation of the Office of Sheriff; that these also were rejected, and Two following Sheriffs have failed ; the one a Defiudter of Suitors Money to the Extent of '27»WO/., and another for a less Amount. These are not theoretical, they are practical Evils, and form just Grounds of Complaint." ('M.) Ee Again — \o. 9. Sir F. H. Head to Lord Glenel^, 21st April 1836. Enclosure No. 4. Report of Cnti!- niittee to Commons House ofAsseinl)!) mill !*.!; S)8 DESPATCHES FROM SIR F. B. HEAD, Daiit., No. 9. Sir F. B. Head to Lord (ileiiuli;, .'1st April 1836. Eiiciosiire No. -1. Report of Com- mittee to Commons House ot'Assemblv. "11 Again — "The Governor was instructed to supply tiie Want of an Appro. priation Bill by liis own Warrants on the Receivers, to whom tlie Taxes are paid under the Provisions of the Canada Trade Act ; but it would be difficult to find out by what Law such Instructions are sanctioned. This has been the Course ot proceeding from IH'i'i to I82ii, and it is much to be dej)lored that Government should iiave persevered so long in Measures which, however nuich they may plead the Excuse of pressing Emergency in the first instance, were illegal and oflfensive to the Rights and Feelings of the People. If no Remedy was obtainable in Canatla, an Appeal should have been sooner made to Parliament, and that Sore should not nave been allowed to fester till the English and the French Population have been almost brought into collision, and a wider Separation between them, in Opinion and all Matters of internal Government and Legislation, been rather encouraged than checked. Assembly after Assembly have been called together, in whicii the Local Authorities have wisely persevered in Attempts to carry their Measures by a Minority at no Time exceeding Ten, and seldom Half that Number, in a Body of Fii'ty Representatives. And the Committee must always recollect the Continuance of these Dissensions lias inflamed trivial Differences on immaterial Points at first into serious additional Causes of Difference and Misunderstanding, which it is not easy now to foresee the Means of allaying or removing." Again — " I wish to add, that in any thing that may have fallen from nie in the Course of these Examinations, I have not had the least Intention of imputing Blame to an^ Persons connected with the Executive Government in either Province. I believe they have acted under Instructions from this Country, and that the Difficulties they have had to contend with, and the Discussions in whicli they have been involved with the Colonial Legislatures, were the inevitable Consequences of a Determination to persevere in the System of Government I have described to the Committee, and which could scarcely have been avoided while that System remained unreformcd and unimproved." And to the following Question, " Do you conceive it would be possible to form a Representation upon the Principle of admitting some of the great Towns as independent Bodies into a Confederation, such as exists in tiie North of Germ-iny?" To which he answered, "I am afraid it is too lute to attemjjt the Litroduction of new Principles of that Kind in America. You must either improve the Sjjstem that exists on the Model of our Institutions at home, or copy from tlie simple Forms in practice in the United States. No other Method will be congenial to the Habits of the English or American Jnhnbitantx of Canada." The Political Condition of Lower Canada as above depicted by the Right Hon. Edward Ellice, is too applicable to our own Country. " It is with Grief," as a Resolution of your Honourable House has expressed it, " the Country has seen the improvident Contract under which the Huron Tract of a Million of Acres of choice Lands has been assumed to be given, at an almost nominal Value, to a Company in London ; while the annual Instalment paid by them is expended by the Provincial Executive without the Consent of Parliament, and the large Amount realized by the Com})any from Sales at a very advanced Price are withdrawn from the Colony and transmitted to England. This improvident Transaction, unsanctioned by any domestic Enact- ment, ought to be held invalid, particularly as it was a Transaction based in no Degree upon the Good of the Colony, whose Lands are thus wastefully assigned. Tiie Charter and all the Statutes connected with it, are a Violation of the 18th Geo. 3., and our Constitutional Act." The Law passed by the British Government for the Sale of our Clergy Reserves, is a further Illustration of the System of Government over us by a Lieutenant Governor, in unchecked Connexion with Downing Street. Under this Law, enacted by the British Parliament without our Knowledge or Consent, more than ()0,0{X)/. have been raised by the Sale of CMergy Reserves, abstracted from the Country, and paid into the Military Chest, instead of being applied to the Purposes of Education and internal Imjirovement. In a subsecpient Part of this Report, this Subject will be again adverted to ; but at present your Committee simply mention the Fact, and also that wit! in a short Period Fifty-seven Rectories have been erected and eiulowed. The British Act, it is presumed, inserted the Condition " by and with the Advice and Consent of the Executive Council" as a Security to the Country against 8 ' any sition of the E> ON THE SUBJECT OF CANADA. 219 •Vo. 9. Sir F. H Heid tu Lord GlLiielt(, 2ist April 1830 EiK'l.i«ire No. 4. HeiMiit "fCoiu- iiiiitee KiComiiioiis any Abuse of the Power it gave ; but such a Precaution is of no practical Avail with an iiisiiflicient Executive Council ; and it is plain that the above-mentioned Oiitraj^c upon the wliole C'omtnunity could not liave occurred had we enjoyt'd what is souj^iit lor and denied, a well-constituted Executive Council, possessii \i the Confidence of tiie Country. Xow it has been simply proposed, adoj)tin!ij Mr. Ellice's Views, to improve our Svstcin here, on tiie Model of tlic Institutions in England, by proposing that the Executive Council shall advise tiie Lieutenant Governor on our Affairs ;is freely as His Majesty's Coimcil advises the King ; but the industrious Classes House of Aswrnbly. aretolii by Mis Excellency that "tiie Wish, if giatitied, would be ruinous," and that the 31st Geo. 3, *' has ordained no such A/tsurd/tiex." In giving an aggregate Account of the Opinion eiitei tai ed upon tiie con- stitutional Duties of the Executive Council, by the nio-t tliiuking Men of all Political Parties, your Committee, although desirous of abridging their Report as much as possible, will not omit to notice a Dociunent from Lower Canada, which is headed a " Declaration of the Causes which leil to the Formation of the Constitutional Association of Quebec, and of tiie Objects for which it has been formed," in which we meet with the following pertinent Remarks : — "In every well-regulated Government it is essential that the Executive Autho- rity should be aided by the Advice of able and well-informed Individuals, acting together and in a Body, by which sound Discretion, Uniformity, Consistency, ami System are imparted to its Measures. Among Colonial Governments, which are generally administered by Persons labouring under the Disadvantages of a Deficiency of Local Information, Assistance of this Nature is indispensable tor the Attainment of the Ends of g-oof/ Government. This Body of Advisers m^U to Ite found in the Executive Council of the Province ; but its Members are too few hi Number and its Comjiosition too defective to answer the Purposes of its Institution." Under the foregoing View, it will be observed that the Association contemplate, by constitutional Means "to obtain such a Compo- sition of the Executive Council as may imjiart to it the Efliciency and Weight which it ought to possess." The abo\e Quebec " Association" is not composed of the Reformers in Lower Canada with whom Mr. Sjieaker Pajiincau's Name is usually connected (;iltliougii the Reformers there entertain the same Views), but of Gentlemen of Wealth and Influence, known by the Name of Constitutionalists or Conser- vators, directly o))j)osed to that Party. It is therefore the Testimony of Persons avowedly iletermined to sustain the Constitution against any of the Modifications held by the other Party to be necessary and expedient. Your Committee would here subjoin the following all-important and liberal Views of Policy, expressed by the Canada Committee of the House of Commons in the Year 18'28, arising from a thorough Understanding of the State and Wants of these Colonies, set forth in the voluminous and uiupiestionable Testi- mony of Persons best conversant with the Subjects of the Committee's Inquiry : — "Yoiu' Committee lament that the late Period of the Session in which they were appointeil, has rendered a minute Investigation into all Parts of the Subject submitted to their Iiupiiry impossible. They believe too that if the Legislative Assemblies and the Executive Government of Canada be put on a rijrlit Fiioling, that Means will be found within the Province of remedying all nuiior Grievances. They aie disposed, nevertheless, to recommend that the I'rayer of the Lower Canadians for Permission to appoint an Agent in the same Manner as Agents are ajjpointed by other Colonies which ])ossess local Legis- latures, should be granted, and that a similar Privilege should be extended to ^I'jier Canada, if that Colony should desire it. " At an early Period of their Investigation, your Committee perceived that their Attention must be directed to Two distinct Branches of Inquiry ; First, to what Degree the Embarrassments and Discontents which have long prevailed in tlieCanadas, have arisen from Defects in \.\\clSijstem of Laws and the Constitutions nttililisltt'd in these Colonies. Second, how far those Evils were to be attributed to the Manner in which the cristing Si/stem has been administered." "Your Committee have clearly expressed their Opinion that serious Defects were to be ti)und in that iSj/stem, and have ventured to suggest several Altera- 'lons that have appeared to them to be necessary or convenient. They also fiilly admit that from these, as well as from other Circumstances, the Task of Government in these Colonies (and especially in the Lower Province) has not (41.) E e 2 been m u 2'iO DESPATCHES FROM SIR F. B. HEAD, Baht., No. 9. Sir F. B. H»'a>l u> Lord Glenelg, •2\M April l^ parent State, as for the Colouv ; and although His I^xcellency has been ])leased to state to the Citizens, in Answer to their Address, his Unwillingness to be deprived of " the only Consolation which supports any honest Man in an arduous Duty, viz. the Reflection that he is ready to atone for every Error he commits, antl that he is subject to Arraignment if he offends, " yet this Con- sitU'ration, either as a Motive or a Remedy, is so false in Morals and so puerile in Political Affiiirs, as not to need further Commentary. No better Guaril against both corrupt and unintentional Misgovernment can be devised with our jjiesent Constitution, than an efficient Executive Council, composed ot Persons of established ('haracter, to advise the Lieutenant Governor upon ])ublic Affiiirs. 4th. Because there are such Changes of Colonial Ministers, that there might be Half a Dozen in Succession betbre a Suit could be conducted to a Conclu- sion ; and the Justice done by one Minister is often uuilone by another. For instance, in Lower Canada, Mr. (iale, who gave such Evidence befi)re the Canada Committee of 18'2S as to oblige the Right Honourable Mr. Spring Rice to j)ronouuce him unfit f()r any Office of Trust, was appointed a Judge i)y Go- vernor-(ieiieral Aylmer, whose active Parti.san he had been. M'hen the News of this Appointment reached England in the Autmnn of 1S31; Mr. Rice had become Colonial Secretary, who adilressed a Despatch to Lord Aylmer, saying he could not confirm Mr. Gale's Appointment. Mr. Uicc was soon succeeded by Lord Aberdeen ; and therefore Lord Aylmer, disre- garding the Commands of Ex-minister Rice, and the known Sentiments of the iVople and their Rei)resentatives, procured from the Successor of Mr. Rice a Confirmation of Mr. Gale's Ai)pointment, who is still on the Lower Canada Bonch, although Mr. Spring Rice, on the !Kh March IH35, being again in Pov.er, in a Sjieech in the House of Commons reiterated the Denunciation of Mr. (lale as an improper Person to occupy that Station. Your Committee find the .same doing by one Minister and undoing by another, ui the Affiiirs of our own Province, which is unhappily misgoverned bv the same Policy under the .same Constitutional Act ; for instance, the late Attorney General and Solicitor General were dismisse(l from Office, according to Lord Goilerich's Despatch, because tli','y opposed the avowed Policy of His Majesty's Goveinment in making certain Concessions to the Wants and Wishes ol another Person* ON THE SUBJECT OF CANADA. 323 No. 9. Sir F. B. Head to Lord Glenelg, -'1st April \b3C. Enclosure No. 1. of the People -, nor did his Lordship seem at all to notice the personal Indignity tJicv luid audacious!)' oflbrcd to himself even as a Minister of the Crown ; but no sooner vas Lord Goderich succeeded by Lord SUuilcy than the Decision of tiie former in fiivour of tiie Rights and Liberties of tlie People was by the latter cancelled, and the Solicitor General put back again into Office, to the great Dissatisfaction of the Country, and the Attorney General sent as C'hief histice to Newfoundland, to create new Scenes ot Trouble and Dissension „ .ui.iiiv-v. Report oK oin- there. ^ _ mitlee to C'oiiuiions 5th, Because when, in the Year 1831, His ^Lijesty suggested a further Pro- House of Assembly, vision for the Civil List, which the Colonial Minister required to be made for Sei''e?i Years, or fur the Life of the King, the Terms of the Proposition were not cantlidly submitted to the House of Assembly, but were suppressed for the Puq)ose ot securing a keen Bargain ; and tor his boasted Adroitness in nianafifing it his late Excellency was officially commended. This undue and impolitic Concealment, so un-,".)rthy a great and magnanimous Government, was practised with the Aid of executive Influence to carry a Measure injurious to the constitutional Liberties of the People ; but the Uselcssness of any Com- plaint against a Government for such unworthy Policy is apparent, when we see, as in this Case, that such liberal Instructions are violated, and the Mischief accomplished with Impunity, although it merits Disgrace. Your Committee caiuiot theretbre regard as satisfactory our mere nominal lliglit to A])peals to Downing Street, where the justest Decisions in favour of our Rights by one Minister arc with seeming Indilfcrence and Impunity reversed by another. Cth, Because this pretended Responsibility to Downing Street has been in lull Operation for nearly Half a ('entury, and we have theretbre against its Sufficiency the uniform Testimony atibrded by our Misgovernment during nearly the whole of that Period. By tliis System we have been stripped of the public Lands and Resources, and reduced to our present Condition ; and having thus suffered in the past, we cannot look for better in the future, if we submit to a Continuance of the same System as has brought such a Visitation upon us. 7tli, Because, although His Excellency professes to be responsible to Downing Street tor the Executive Council as well as for himself, yet it is, according to His Excellency, " unreasonable that one Man should have to bear another Person's Blame." The professed Responsibility of His Excellency for the Acts of the Council, in case of Default on their Part, is novel indeed. Your Committee can under- stand well enough how the Adviser becomes responsible thv tiie Acts of the advised ; hut how the Actor can become responsilile for the Advice on which tlie Act was fi)unded is beyonil their Comiu'eliension. A Comparison of our Constitution with that of the Parent State justifies the Lingiiage used by Sinicoe respecting it. In England they have a King ; in Canada we have his Representative. In England they have a House of Lords created by the King; in Canada we have as a Substitute a Legislative Council aeatod by the King. In England they have a House of Commons elected by the People; in Canada we have a House of Assembly elected by the People. In Enghind the King has a Privy Council to advise him upon the Affairs c^'tlie Empire ; i'l Canada lie has an Executive Council to advise him and his Repre- senlative upon the Atlairs of the Province. This is emphatically the " very Image and Transcrijjt of the British ('onsti- tntion." But it becomes a mutilated Constitution, and a sorry one nuK-ed, when Sir Francis Head obliterates the Executive Council, or makes it, in his own Language, " mute," " iiefi>nceless," " irresponsible," " sworn to be dumb." That the King, Lords, and Commons, and Cabinet ('oiincil, peri()rin certain Acts in Kngland that are not authorized to be done by the Lieuteir'ntCJovernor, l.ejiislative Council, and House of Assembly, and the Executive Council of the I'nivinci', youi Committee do not deny ; t()r instance, the Parliament of (Jreat liritain legislate tor the Empire, and'fbr the Regulation of Trade ami Coin- meice, tSjc. with other Nations, and the Cabinet Council advise the King relative to the Negotiations going on abroad, as well as for the M'elfare of tlie local vllairs of the Kingdom, and the Aj)pointment of certain high and important Offices; while in Canaila the legislative Duties of the Parliament are more of u local Nature ; and so with the Matters to be advisi'd and considteil by the I'Aeciitive Council it must be clear that it no more Ibllows, because the (11.) E e 1. Executive #^!l ■II 11 224 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 9. Sir F. H. Head to Lord Gletielg, •2 Ut April 1836. Enclosure No. 4. Ueport of Coiii- niittee to Commons House of AsRt'niblv. Executive Council are not to be advised on precisely the same Matters that pass under the Revision of the Cabinet Council, that they are not to advise at all, than it follows that the Legislature here are not to legislate on any Matter because they are not allowed to legislate on all or precisely the same Matters that are considered in the British Parliament. It will be observed that His Excellency allows that "if the Lieutenant Governor stood in the Place of the Sovereign," an Executive Council, or some sucli Body, would be " evidently necessary, and sliould be appointed," with whom he should advise ; he further states, that " this is not the Case," but that " the Lieutenant Governor is therefore the responsible Minister of the Colonv." If, as His Excellency says, he is the responsible Minister of the Colony, '"'it must be evident to every well-constituted Mind" (on the Principle of a respon- sible Ministry in England) that he ought ere this to have retired from his Office, for notiiing is more clear than that he does not possess the Confidence of the People's Representatives. The responsible Minister in England would be disgraced by attempting to continue in Office for one single Day after losing the Confidence of the House of Commons ; so if he be merely a Minister he does no' do as other Ministers do ; but it is beyond Contradiction that he is something more than a Minister. Whoever heard of a Minister in England doing and performing the Acts that the Lieutenant Governor is authorized to do and perform here, both by the 31st of tiie King and the Royal Instructions? By reference to the Instructicms it will be obsened that the Government of the Province is spoken of as the Government under the Lieutenant Governor no less than Eive Times ; in Section 9. the Words " in your Government " are used; in Section 4.'i. the M'ords " fliroiiglioiit your Government" sltc used; in Section 6^2., speaking of both Provinces, the Words " their respective Governments" are used, Section 03, is as follows : '• And you are upon all Occasions to send to us, by one of our Principal Secretiiries of State, a particular Account of all your Proceedings, and of the Condition of Afifairs ivitldn your Government!' The above most surely supposes discretionary Power in the Administration of the Affairs of the Province, for if nothing was to be done but what was con- tained in Instructions sent out from home there would be no Use of transmit- ting a particular Account of Proceedings, as they would know for Months before they could be performed ; but the 59th Section is quite conclusive on the Point, and goes clearly to show that the Lieutenant Governor is something more than a mere Minister, and which Clause ought in common Fairness to have been quoted by His Excellency with those he did quote in answer to the Council. By it then His Excellency, with the Advice of' the Executive Council, may take order, do, and perlbrm all such Matters and Things as are for the Peace, Welfare, and Pros})erity of the Country ; in short, may even declare and commence IVar. It is as follows : " If any thing shall happen which may be of Advantage or Security to our Viox'mce under your Government, which is not here contained (or by your Commission provided for), we do hereby allow unto you, with the Advice and Consent of our said Executive Council, to take order for the present therein." It will be observed that no Minister is even authorized to do what His Excellency may do ; he calls together the Parliament, and oj)ens and closes it with a most gracious Sj)eech flom the Throne ; he prorogues or dissolves I'adia- nicnt ; he gives the Royal Assent to Bills, by which they become Laws ; he appoints s averse to its practical Bearing against his own muulvised arbitrary Pleasure, to draw upon their sterling Euiiii oidy when " Embarrassment requires it." (n.) -^Ff His M ,1- i « ! ill II 1 i i ■ i 226 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 9. Sir F. B. Hend to Lord (ilenelg, 21st April ItlijO. Enclosure No. 1. Report of i'om- miltee to Commons House of Assembly. p. 159. ante. "tflt His Excellency, in liis llc'i)]y, objects to the Views of the late Council, because " it would be evidently unjust towards him that he shoidd be liable to Inii)eachmcnt tor any Acts but his own." But in the Representation of the late Council, furnished your Honourable House by His Excellency, there is iiothiiiii; which places Things on such a Foimdation ; they merely proposed to give Advice upon public Atlliirs ])reparatory to His Excellency's iliscretionary Action upon those AfHiirs. The Acts of His Excellency would not be the less his own because lie received good Advice lietbre acting ; uor would he, under sucli Advice, be less liiible to Inij)eachnient, while he certainly woidd be less likely to deserve or incur it. Yoiu- Committee regret to notice, in His Excellency's Answer to the City Corporation, that he charges them with "begging leave to name for him other Individuals for the Station" (the Executive Council), because when so exalted a public Functionary as the Kepresentativc of His most Gracious Majesty is betrayed into Misquotations or Misrepresentations, manifestly not justitied by the Docuivicnt from which they are j)rofossed to be taken with Candour and Truth, it is calculated to impair the Weight and Dignity of the high Station, and induce by its pernicious Exami)lc u Laxity on such Subjects in the public Morals ; for it is ])Iain the City C'ouncil in their Address name no Indi- viduals, but leave His I'^xcellency in the free Exercise of the Royal Prerogative to select any suitable Councillors from the Province at large. In the same public Dociunent His Excellency further remarks, " The Members of the late Comicil rest their Claims very nearly on the following Grounds, that the Responsibility they assinne, being a popular Oi)inion daily increasing, is consequently the Law of the Laml ; and, .secondly, that though the Powers they require are nowhere expressed in the Constitutional Act, they were evidently intended to have been inserted." Your Committee are obliged to report that the above Extract, given as the Cjrounils assumed by tiie late Coimcil in their Rei)rosentation, is neither candid nor warranted by Facts. The late Council plainly deduce their Duties from the 31st Geo. 3., even without Reference to the less desired but not less forcible Principles of con- stitutional Right and civil Liberty. How then can ihey be truly said to make the Law of the Land the Consequence of i)opidar Opinion, or that their Powers were only intended to be inserted in the Statute, when they quote the Statute in which the Powers are actually inserted ? In the Answer to the Citizens of Toronto His Excellency says, "AViih respect to my late Coimcil, I regret, (iiiite as much as you can do, their Resignation ; but before they took the Oath of Secrecy (which ajipears to my Judgment to be an Oath of Non-responsibility to the Peojjle) I addressed to them a Note which clearly forewarned them, as follows : ' I slinll rclii on pur fairing me jjniir unliiftsscff Oj)inion on (ill Suhjects respecting ichich I may fed if inhisnlili' fo ri'i/nirr if.'" Your Committee here notice, Lst, an alleged Regret, 2d, an alleged Ar- rangement. It seems imjjossible to reconcile this alleged Regret on the Part of His Excellency at their Risignation willi his own Act obliging them to resign. The late Council were called u])on " to retire liom his Confidence" if they did not "retire from their Principles ;" i)ut ilnj nutld iiaf rcf ire from, their Priiicijiirs, and were therefore obliged fo refire from /li.s- Confidence. To ])resent to the late Council a dishonourable Condition u])on which to rcniani in the King's Service, and then alli'ge Regret al their declining that Condition, hj^' tendering their Resignation, obliges your Committee to report their Belief, either that llis Kxeelh-iiey really li'lt no such Regret as is alleged, or that he did not feel the Uepiigiiance honourably expressed by ]\Ir. Raldwin " to tht Abandonment of Principles for llie sake of Place." '2(1, There is an alleged Arrangement. Now your Committee cannot but nolice a Want ofCaiulour in this Matter. The Perms, " on all Suhjeds re- si)ecting which 1 may feel it advisable to reciuire it" (Advice), are obviously iiulelinite, and could not, your Coinmiltee think, have been anticii)ated by any to mean " no Ad rice )ion on the I'as.st'.ge of the Act .'Jl Geo. 3. as a Re- ply to the Remarks of His Excellency, and tlie Application : " Tiiey did not mean to give Canada exactly tlie same Constitution, as, fo instance, G.58 Representatives. That was impossible in the Nature of Tliini^'s- Eiitlusure Xo.-l. but their great Object had been to adhere as nearly as possible to the Purity " and Principles of the English Constiti\tion in every Part of the Dili." His Lordship also said, "It was undoubtedly a Mistake to suppose that any Cjovernment was free only as it a])proached to democratic Principles. Absolute Monarchy, absolute Aristocracy, absolute Democracy, had, in the History of Mankind, been tried in the Scale of Experience, anti hail been found wanting. Oin- own Constitution, which was compounded of these Three, was the first in World, and the Envy of every sm'rounding Nation. It was for that Reason that they were now about to coinnuniicate the Blessings of the English Consti- tution to the .Sid)jects of Canada, because they were fully convinced that it was the best in the World. The Legislature of Canada consisted of Three Parts, rejiresenting that of this Coimtry." It is saitl in the Reply, that " in Government Impartiality is better than Knowledge, and it must be evident to every well-constituted Mind that in an infant .State of Society it would be impossible jiractically to secure a sufficient Number of impartial Persons to eti'ect a Change of Ministry as often as it might be necessary ibr the Interests of the Peoj)le to do so." Ujjjn the Truth of this Maxin., " in Government Impartiality is better than Knowledge," your Committee forbear to ofl'er any extended Comment ; but they cannot conceal their Disgust at the offensive Manner in which it is applied against the moral Character of the People of this Province. He appears to yoin- Comnfittce to ha\e assumeil the Govermnent with most unhappy Preju- dices against the Country ; f()r he alleges, certaiidy with very limited Alcans of ])ersonal Observation, that there is a Lack of " impartial Persons " to forma new Council on any occasional Change ; and yoin- Committee lament to liear that His Excellency is surrounded by and gives his credulous Ear to irresponsible and unworthy Advisers, who poison his Mind against the moral and intellectual Merits of the Peojjle he is apjiointed to govern. In his Reply to the Address of the Citizens he expresses his Estimate of the Knowledge and Taste of the Public by condesceniliug to " ))laiuer and more homely Language" (and both )laiu and homely enough it is) ; but besides thus reflecting upon Canadian Jndcrstandings, His ENcellency finther impeaches their good Morals, by declaring there are not " impartial Persons" enough in the Country to enable him to seek aikuiuate Changes in the Coiuicil. It thus goes to England, with the highest oilicial Authority, that this is little better than a Country of Rogues and Funis. In Canada His Excellency, with the Temerity of a Stranger and the Assurance of an old Inhabitant, presumes to testify that there is not a sulficieut Nmnber with Heads and Hearts yielding Knowledge and Impartiality to aiil the good Management of our own local and internal Affairs. Should the History of this Colony be ever collectetl from the secret Despaldios in Downing Street (of which we have had iieipieut Specimens), Posterity will f()rm a very erroneous anil unjust Estimate of the Talents and Virtues ui the Country *. low indeed are we j)laced in the Scale of Human Natiu'e. M'hile engaged in preparing this Report, the Attention of the Committee has been sudtlenly calleil to the Documents referretl to them on the Itli of A))ril, respecting the I'.rection and Kndo^vmcnt of Parsonages throughout the Province, and the Exchanges of different Portions of the Clergy Reserves p. 257. infra. ^^*^"' *>tl'L'i" Property (which are hereto appended, marked P.) Erom these Documents it ap])ears, that within the ]iast Year Fifty-seven jK*.'ctories or Paronages, " according to the Establishment of the Church of England," have been constituted in this Province by the Government, muler the (ireat Seal of the Province, and have been endowed out of the Clergy Reserves in each Case, varying in general from lOU to 8LR) Acres of highly valuable Land, chiefly in olil iowusiiips, and in some Cases within Towns. To these Rectoiics or Parsonages Rlinisters have been or are to be presented, as are their Successors in future, by the Govi'rnmeut, and they are, according to the Tiiirty-ninth Clause of the Constitutional Act, " to hold and enjoy the same, and all Rights, Profits, and Emoluniciits thereunto belonging or granted, as t ^'m^. ON THE SUBJECT OF CANADA. 22'J No. 9. Sir F. B. Head to Lord tileneig, 21st April 1S;56. Enclosure No. 4. as fully ami amply, and in the same Manner, and on the same Terms and Conditions, and liable to the Performance of the same Duties, as the Incumbent of a Parsonage or Rectory in England ;" ami the next Clause of the Act pro- vides for the Exercise of " Sj)iritual and Ecclesiastical Jurisdiction and Authority," " according to the Laws and Canons of the Church of England ;" under which Clause of course Ecclesiastical Coiu'ts will be established, as no others can fully exercise such " Spiritual and Ecclesiastical Jurisdiction." IteportofCom- Upon an Examination of the Instruments by which these Rectories or mittee to Commons Parsonages are constituted it a])pears that Power is reserved to the Govcnnnent Uouse of Assembly, of " hereafter erecting and constituting One or more Parsonages or Rectories" within the respective Townships in which they are now by these Instruments constituted. According to the Act, the Government may endow these Parsonages " from Time to Time ;" so that if the bold Experiment succeeds which is now attempted we may expect that the present Parsonages will receive further Endowments, and tiiat the Number of these Parsonages will be multiplied amongst us beyond all present Calculation. It further appears that different Clergymen of the (niurcli of England have received from the Government, in exchange for their own private Proj)erty, large Quantities of the Clergy Reserves ; tor instance, the Rev. James Coglan surrenders Thirty-six Acres of Land in the Township of lIoi)e, with aJMessuage or Dwelling House, and receives in exchange 1,0'JU Acres, lUO of which are in the Townshij) of Hope, 300 in Cavan, 100 in Emily, and '220 in Seymour. The Rev. Benjamin Cionyn surrenders Four Acres of Land, with a Dwelling House, Outhouses, Offices, and Buildings, and receives in exciiange 1, 802 Acres, of which 1,390 are situate in the Townsliip of London, and the Remainder in Missouri. The Rev. Francis Evans surrenders Fifty Acres of a Clergy Reserve, and Fifty Acres in Woodhouse, without any House or Building, antl he receives 800 Acres in Walpole. The Rev. Philip Meyerhoffer surrenders the rear Part of Lot No. I7., in the Fifth Concession of Markham, containing Seventy Acres, without any House or Building, and he receives Lot No. 19. in the same Concession of the same Town- ship, containing 200 Acres. All Comment upon such Transactions is su])crfluous. But most astonishing of all, Rear Admiral Vansittart has been permitted to share in these good Things for the Benefit of the Church, ami has received, in exchange tc)r a House, Two Acres and Two Lots of Land in Blandford, ami Twenty-six Acres in Oxford East, 3,G90 Acres of valuable Laud! The Land tlius conveyed to them in exchange becomes their own Property, and will not belong to their Successors. And all these Endowments, and all these Grants in exchange for INIessuagcs and Lots of Land, are in addition to the large regular Allowance that is annually paid to them by the Government out of public Monies of the Piovince, without the Knowledge or Consent of the People and their Representatives ! Thus, in One Year, in contem])t of all our humble Remonstrances and earnest Protestations against Church Establishments and Government Patronage of Religious Bodies, Fifh/ seren Goi'crnmoit Parsons have been established in this Province, and endowed out of the Clergy Reserves, established and endowed under the Great Seal to give it peculiar Solemnity, and if possible to make it irrevocable. In this Way has the Government opened a new Source of ])olitical Influence and Power, and not only establishinl a State Church amongst us, with ". Spiritual and Ecclesiastical Jurisdiction and Authority," but a State Church of which the Government is the universal antl sole I'atrou, having the exclusive Rislit oi' making the Presentations or Appointments of the Ministers of these ditiinx'iit Parsonages. It is with Difficulty that the Committee suppress the strong Feelings of Disgust, Indignation, and Astonishment which these Practices and Proceed- ings of the Government are calculated to excite. Year after Year have the People of this Province, and their Representatives, been straininu' ever to some ( U.) ■ ' F f 3 ' ' ' impartially \m 1 aiier lear nave ine i eopie 01 luis 1 rovmce, ami iiieu ivepieseuuuivus, raining every Nerve to procure the Appro])riation of the Clergy Reserves le useful public Purjioses, in which all His Majesty's Subjects might U.) F f 3 impartially ■i i ) ! I.ji 1 i 230 DESPATCHES FROM Sill. F. B. HEAD, Bart., No. 9. Sir F. B. Head to Lord Glenelg, 21st April 1836. Enclosure No. 4. ^t> imiwrtially and equally participate. Year after Year have they solemnly and indignantly protested against the Establishment of any State Church in this Province. The People, from one End of the Province to the other, again and again have petitioned the Provincial Parliament, the King, and the Imperial Parliament, on the Subject. These Petitions proceeded, not only from the People indiscriminately and rejjeatedly, but also tiom ditierent public Bodies, The ex))licit and distinct Representation on this Subject of the Methodist miturtoSnions Conleiencc, in 1831, in their x\ddrcss to His Majesty, cannot be forgotten, House of Assembly, inasnuich as it produced a most offensive lle])ly irom Sir Joini Colborne, which Ciuiseil much Excitement and Dissatisfaction at the Time, and inasmuch as the Observations contained in the Address on the Subjects of applying public Funds to the Support of Religious Boilies or Teachers, and of appropriatinjf the Clergy Reserves to Purposes of general Interest, were distinguished tor Wisdom and Truth. And so late as 1832 Petitions were transmitted to England, expressing similar Sentiments on these Subjects, subscribed by more than 18,000 of His Majesty's Subjects in this Province. In fact, all Parties and all Denominations on this Matter have been agreed, and have so remamed, with a Unanimity and Perseverance that is really suriJiising. Equally decided and uniform iiave been the Exertions of your Honourable House to eftect the same Object ; and this has been the Case, not only when one Party prevailed, but also when its Opj)onent had the Ascendancy. They have repeatedly addressed His Majesty ; they have also repeatedly exercised the Powers given to them by the Constitutional Act to repeal those Parts of it which relate to the Appropriation of the Clergy Reserves, although these Bills, like many others ardently desired by the Country, have been con- temj)tuonsly rejected in the Legislative Council. So numerous and urgent have been these Representations to His Majesty's Government, that the Ap])earance, at least, of a favourable Disposition on this Subject was at length obtainetl fiom the Cabinet Minister. In 1S3'2 the House of Assembly were informed by His Excellency Sir John Colborne, in a JMessage dated f2.5th January 183'3, that he had His Majest)''s Commands to make to it the following Communication : " The Representations which have at ditierent Times been made to His Majesty and His Royal Predecessors, of the Prejudice susi:ained by his faithful Subjects in this Province from the Api)roi)riation of the CIcrg)' Reserves, have engaged His Majesty's most attentive Consideration. " His Majesty has, with no less Anxiety, considered how fin- such an A])piopriati()n of Territory is conducive either to the temporal Welfare of the Ministers of Religion in this Province, or to their sj)iritual Influence. Bound no less by his jier.sonal Feelings than by the sacred Obligations of that Stiition to which Proxidence has called him to watch over the Interests of all the Protestant Churciies within his Dominions, His IMajesty could never consent to abanilon those Interests, with a view to any Objects of temporary and apparent Ex])edieiicy. " It has therefore been w ith ])ecnliar Satisfaction that in the Result of his Inquiries into the Subject Ilis Majesty has found that the Changes sought for by .so large a Proportion of the Inhabitants of this Province may be carried into effect without sacrificing the just Claims of the T^stablislied Churches of England and Scotland. The M'astc Lands, which have been set apart as a Provision for the Clergy of those venerable Rodics, have hitherto yielded no ilisposable Revenue. The Period at which they might reasonably he expected to become more jjroductive is still remote. " Ilis Majesty has solid Groiuids fitr entertaining the Hope that, before the Arrival of that Period, it niay be found jiracticable to afford the Clergy of those Churches such a reasonable and moderate Provision as may be necessaiy for enabling them j)roperly to discharge their .sacred Functions. •' His IMajesty tlierefi)re invites the House of Assembly of Upjjer Canada to consider how the Powers given to the Provincial Legislature by the Con- stitutional Act, to >ary or repeal this Part of its Provisions, can be called into exercise most ailvantigeonsly for the spiritual and temporal Interests of His Majesty'.s taithful Subjects in this Province." Surely ON THE SUBJECT OF CANADA. 231 No. 9. Sir F, U, Head to Lord Gleiiclij, 2 1st April 1836. Surely this was a Pledge of no onlinaiy Solemnity on the Part of the Government, not to proceed in ojjposition to llepresentations wliich iiad at different Times been made to His Majesty " by so large a Pro'>ortion of the Iniiabitants of this Province." To establish and endow these Rectories, in opposition to these Represen tations, was as flagrant a Violation of good Piith as can well be imagined. Enclosure No. 4. ^In Lord Glenelg's Instrnctions to His Excellency it is distinctly intimated, ; — tiiiittlie Disposal and Aijpropnation of the Clergy 'lesprves are to be" left, for the ..lul'^r,"^^""'" uiaiiiiv- I 11.1 . !^j 1 1 i-,. mittee to Commons present at least, to the Legislature of tiie Province. U'iclor these Circumstances, House of Assembly. how can the Proceedings of the Government in tlie Vormaiion ami Endowment of these Rectories and the Exchange of Land:-, (evidently a System of Jol)s) be reconciled with a decent Regard to good F;uth and Justice, to the Interests of the Province, or lo the well-known and oflcii-dcclared Wishes of the J'eople ? The Reflections which such a Question suggests are ])ainf'ul and mortifying. Measures most deeplj afflcting the Peace and Hapjiiness of the People, then Oi)inions and Feelings, are adopted, not only without their Consent, but in opposition to their known and unanimous Wishes. To continue our Complaints seems equally wearisome and useless. Lord Glenelg declares, in his Instructions to ITis Excellency, that " Parlia- mentary Legisl.'tion on any Subject of exclusivel)' internal Concern, in any Britisii Colony possessing a Re|)resentative Assembly, is, as a general Rule, unconstitutional ; and that to withdraw from the Canadian to the Imperial Legislature the Question respecting the Clergy Reserves would be an Infringe- ment on that cardinal Principle of Colonial Government which forbids Parlia- mentary Interference, exce])t in submission to an evident and well-established Necessity." These are the Professions of the Government; but what has been its Conduct ? In IS'27 an Act was passed by the Imperial Parliament, without even a pretended Necessity, and without the Consent or Knowledge of the People of diis Province or their Representatives, authorizing the Sale of a Part of the Clergy Reserves in this Province (not exceeding One Fourth), and withdrawing from the Canadian to the Imperial Legislature the Question respecting the Application of these Funds to other Purposes than their original Object, such as the Support of Education, &c. The same Act also authorizes the Government to accept in exchange for any Part of the Clergy Reserves, from any Person, any Lands of ecpial Value. Under this Act more than Si.rh/-o)io tliouaainl Poumls, abstracted from the small Amount in circulation to repay the hard Earnings of the Peo])le of this Province, have been raised by the Sale of Land, and paid into the Military Chest, over and above all the Exj)enses of selling the Lands, &c., as appears from the official Statement of the Hon. Peter Robinson, the Commissioner appointed by the Crown for these Sales ; an Evil so great and palpable that it \v:is foreseen and pointed out by the Right Hon. lulward Ellice in 18'2S, who, in his Examination before the Committee of the House of Commons on the Affairs of Canada, after describing the general and deep Feeling which exists in this Province about the Ai)propriation of these Reserves, says, "Surely the Framcrs of that Act must have o\erlooked the additional Objection of draiuing from the small Capital of the Country any Part of it for this invidious Purpose." Notwithstanding this Caution, and although the Law was a ])\m\\ Infringe- ment of the I'rinciples of o\ir Constitution, recogniz.ed and admitted by them, the present Ministnj are acting ujion it, not only in selling these Services, and " draining from the small Capital of the Country for this invidious Purpose," annually, a large Sum, but also in makirig these Exchanges. What a practical Commentary is this upon the Professions of a Colonial Secretary! Did the Writer of Lord Glcnelg's Instructions suppose that the Peojjle of this Province were destitute of common Sense and Discerinnent ? The whole of the Transactions to which we have adverted, respecting the Clergy Reserves, and the Erection and Endowment of Parsonages, prove the Necessity of having a responsible Government, and illustrate the Importance of the great constitutional Princijjles for which the People and their Represen- (il.) F f l tatives 'f, : • DESPATCHES FROM SIR F. B. HEAD, Baut., No. 9. Sir V. 15. Head to Lord Gleiic);;, 21st April I83G Report of Com- mittee toComiiinns House of Asseniblv. p. 23.'). infra. p. 255. infra. >•)( ii' tativcs for a long Time, and the Executive Council more recently, have been contcndino;. Your Conimittee have deemed it })roj)er to notice this Matter in the Report as being a true Conmientary on the EH'eet and working of the System lieretotbre acted upon, and now clung to by His Excellency as if his very Existence Enclosure No. 4. depended upon it, and wlio unblushingly declares that without that System we are ruined. Now your Committee would ask, will anj Man pretend to say that the endowing tliese Parsonages was in accordance with the Feelings, Wishes, and Interests of the People, or will they pretend to say that our Executive Council, possessing the Contidence and having an Itlentity of Interest with the great IJody of the Peo])le, would have advised such a Step? A few Seasons more of as fa\ourable picking, and the remaining Clergy Reserves in the Province will not be worth the asking, let alone contending tor. Until the Kej)resentative of the King in this Province shall be surrounded by Advisers sharing the Views and possessing the Confidence of the People and their Representatives, and shall freely and candidly and cordially consult them upon the Atliiirs of the Provhice, we must expect the same Evils and the same (Grievances, whicii have only increaseil from Year to Year, amidst the Com- plaints of the People and the Promises and Professions of the Administration. The Necessity of insisting upon a constitutional and responsible Government must be apparent to every candid Man. Your Honourable House lately addressed His Excellency on the Subject of a supposed Understanding or Arrangement between Two or more of the Members of the jjreseut Executive Coimcil as to the Administration of the Government in the event of His Excellency's Death, which Address and Answer arc hereto aj)pended. marked (K.), in which Answer His Excellency was pleased to intimate rather indignantly that he knew of no such Agreement, and in fact that no Dociuncnt of such a Nature existed. Tlic Hon. Robert Baldwin Sullivan, the presiding Member of the Executive Council, and the Hon. Captain Baldwin, however, informed the Committee, as will appear by the Minutes of their Evidence, marked (L.), hereto appended, that a Paper had been signed, whereby Mr. Sullivan had declared his Intention, in the event of His Ex- cellency's Death, not to administer the Government, although by the Royal Instructions in such a Case the Administration would devolve upon him, as presiding Councillor, but to resign his Office, in order to avoid the Ailniinis- traticn of the Government ; and f/tat (his Paper ivas not oiih/ in Exisfence, hut tens drnivn up hij His Excellency hinise/f in the Council Chamber, signed and delivered to Mr. Allan (the next senior Member) in the Presence of His Excellency and the whole Coimcil. The Respect which your Committee feel for His Excellency's high Office forbids their dwelling upon the mortifying Subject of the Contradiction between His Excellency's Answer and those Gentlemen's Testimony ; and they will only say, that it must of course destroy all Confidence in futiu-c in His Excellency's Assertions, especially as His Excellency retains Mr. Sullivan as his principal and contidential Adviser, notwithstanding the Evidence so given by him. Neither do they think it necessary to dwell ui)on this Arrangement to bargain away, contrary to the Royal Instructions, the futiu'c Goveiinnent ot this Province ; for such it evidently was, notwithstanding Mr. Sullivan's Attempt and natural Anxiety to explain it away ; an Arrangement as luiconstitutional and delusive as could have been projjosed ; for in the e\ent of Sir I'iancis B. Head's Deatli the Goverinnent would necessarily devolve on the \)K- siding Coimcillor, and he could not have resigned to any one hut His Majesty. To resign to his Inferior would have been " a new Theory." Neither could lie have released himself from the Government by refusing to take the Oath of Office. The Conunittee observe that such an Oath is not required by the 31st of the King or the King's Instructions, and at all events the Power to administer tiie Government, in the event of His Excellency's Death, does not depend on it, fl)r if it did we might be for a Time without a Government; and if one could decline taking an Oath, all might, and we might in such an Alternative be left without a Goverinnent. An Arrangement so inconsistent with the Rights and Honour of the Crown, and with the Safety and Protection of the People, was probably never before thought of iii a British Colony, and ■f ^ :!t 1 t r ON THE SUBJECT OF CANADA. 238 No. 9. Sir K B. Head to Lord (ilenelg, 21st April \8M. Enclosure No. -I. Report of Coiii- niittee toCoiiinioni is a striking Evidence of the strange Notions entertained by His Excellency and the present Council about our Constitution. In some of the old Colonies the People chose their own Governors, but never before was a Successor to a Governor then living chosen by the Council ; that very Council who, in His Excellency's Estimation, is such a mere Cipher, such a mute and irresponsible Body. To obtain a fuller Elucidation of this humiliating Subject, your Committee were desirous of obtaining the further l-lvidence of the Honourable Messrs. Allen and Elmsley ; and although the Legislative Council, in compliance with House of Assemblv the Address of your Honourable Ilouse, granted Permission to these Honourable Gentlemen to attend your Committee, yet they have refused to do so, under excuse of some Informality in addressing them, although in an executive Matter so materially atlecting their Characters as Councillors your Committee had hoped all minor Considerations would have been discarded. But Mr. Sullivan's Statement needs no Conrirmation, and the Participation of the otliers in this singular and unconstitutional Proceeding remains uncontradicted, with aw Opportunity art'ordcd them, if hmocent, of Exculpation. This Conduct justifies in point of fact the Declaration by your Honourable House of an entire Want of Confidence in the present Executive Council, communicated by Address to His Excellency. It is to yoin- Committee a Matter of prof()und Kcffret, that when His Excellency was surrounded by the late Council, with every Means of conducting his Administration in a Manner efficient anil satis- factory, calculated to allay all existing Discontent, and preserve the Peace, Welfare, and good Government of the Province, he should so hastily, rashly, and wantonly disappoint public Expectation, and fill the Province with greater Distress and Aj)])reheiision than ever prevailed from the Alien Question. Your Committee, while on this humiliating Subject, feel bound also to remark on the ,. jsiti\ e Contradiction between the Evidence of the Honourable Mr. Sullivan and the Honourable Ca])tain Baldwin, as Reference thereto will prove ; while Mr. Sullivan expressly affirms that the Writing was drawn up solely at his own Request, Captain Baldwin stated that it was at the Suggestion of the Honourable Mr. Elmsley. The Committee beg leave also to remind your Honourable Ilouse again of your Address to His Majesty during the last Session, hereunto appended, marked (U.); respectfully but earnestly urging, that the Principles of the British Constitution, respecting the Advisers and confidential Officers of the Government in this Province, might be enforced, and intimating an Intention on the Part of the House, if these just and reasonable Wishes were longer dis- regarded, to witldiold the Sup))lies from a Government conducted in such a iManner and by such Officers. Your Honourable House has dist nctly but respectfully declared to His Excellency its Regret at the Removal of the late Kxecutive Council, and its entire Want of Confidence of the present Members of it, and has humbly requested him to take immediate Steps for their Removal. Nevertheless they are retained, and the Wishes of the Representatives of the People, constitutionally expressed, are disregarded. No Alt irnativc is left to the House, in the Opinion of the Connnittee, but to abandon t.icir Privileges and Honour, and to betray their Duties and the Rights of the People, or to nithiiold the Suj)plies, the constitutional Right of which is clearly acknowledged in Lord Henley's Despatch, and also in His Excellency's Reply to the late Council ; and in the Language of Lord Stanley, on the very Subject of pro- curinff a Removal of Advisers in this Province, " it is the constitutional Mode of enforcing our Wishes." All that we have done will otherwise be deemed an idlclhavado, contemptible in itself, and disgraceful to the House ; and although, in consequence of the Law granting a perpetual Civil List, which was obtaineil liy Sir John Colborne's withholding a Despatch that I;c had been directed to com- municate to the Legislature, showing that the Govennnent only wanted the Grant for Seven Years, or during the Life of the King, which Act received the Approbation of His Majesty's Government, the Refusal of the Suj)j)lies cannot 'wvc its just conscitutional Influence, yet it will testify the Feehng and the Determination of the House more forcibly to His Majesty's Government, and will avail more than any thing else. It becomes the more necessary when it is observed that Lord Glenelg assumes, in his Instructions to His Excellency, tliat until the last Session there generally " subsisted a Spirit of amicable (H.) G g Co-opera- p.: '" ■ '3! 234 DESPATCHES FROM SIR F. B. HEAD, Baut., Sir 1-. U. Head til Lurd Cik'iiel>;, ^'Ist A)iril I83(i. «>(»l Co-operation between the Executive Government and the Legislature •" although, so far from any such Harmony subsisting, the Majority of the House of Assembly, in both the Ninth and 1 enth Parliaments, were denounced by the Adherents of the Provincial Administration in umneasured Terms of Abuse and were represented as being opposed with even indiscriminate Hostility to iMiclosure No.. cannot but remark upon the Conduct of Mr. Sheriff Jarvis in making such a Selection, which appears to have been done to second the avowed Intentions of the Lieutenant Governor to appoint him Surveyor General, with the further Plan of introducing him into the Legislative and Executive Councils. The same Gentleman, it appears, has recently presided at jjolitical Meetings in this City ; and, as a Military Man, he seems unconscious of the Impropriety of re- acting the same Scenes in the Sphere of a Grand Juror. His Excellency's Answer welcomes the Adulation of the Grand Jury, and, outstepping the Limits of the Address, he descants against " the ignominious Tyranny" of the Executive Council of the Province, which he styles " a secret Metropolitan Cabinet;" thus deriding and vilifying the Institutions of the Country, while, in obvious Allusion to those who differ from him upon this " great constitutional Question," he boasts of having " repelled Enemies." Atiairs assume a serious Character w hen the Representative of His Majesty arrays against himself as " Enemies" whom he has " repelled" the great 13ody of the People who have long sought for a better constituted and more efficient Executive Council for the practical Ends of (Jnernment. These hostile and inimical Feelings indulged by His Excellency nainst so numerous a Class of the Community blast all our Hopes of that impartial and conciliatory Policy and constitutional System which have been promised by the British Government. The Committee have ' .;en obliged unavoidably, though reluctantly, to extend their Report to a great, perhaps an inconvenient Length. They think the Subject one of vital Interest, and the present Era an all-important Crisis in our Aflairs. The despotic, unconstitutional Principles announced and defended by Sir Francis Bond Head, and his avowed Determination to adhere to them ; the tyrannical and unjust Conduct jiursued by him towards the late Council, the Bitterness of Feeling which he is known to entertain towards all who think it their Duty to oppose him ; the Intention which his public Acts evince to jjcr- petuate and aggravate the System, anil to cherish and favour the Party so much complained of, yet so much fostered under his Predecessor, destroy all Hoj)e that his Administration of the Government can be just, satisfactory, or useful to the Country, or conducive to the Honour and Interests of the Crown, and make it, in the Opinion of the Committee, a necessary though most j)ainful Duty on the Part of your Honourable House, respectfully but most earnestly to pray that His Majesty's Government will seriously consider our Situation, and aftbrd us such Relief as the Exigency of the Case requires. Respect for the Crown requires that this Object should be sought in the ordinary Way, by an Address to His Mivjesty only ; but, considering the usual Manner in which our Representations iip.ve been viewed and treated at the Colonial Office, we recommend that a Memorial should be also addressed by your Honourable House to the House of Commons ; a Body who understand and feel the Value and Importance of those Principles for which we are contending. The Committee have prepared an Address to the King and a Memorial to the House of Com- mons in conformity with these Views, which they beg leave most respectfully to submit herewith ; and recommend that a Copy of this Report, with the Ap- pendix, and Memorial to the House of Commons, be presented to His Excellency with the Address, and a Request that he will be most graciously pleased to transmit the same to His most Gracious Majesty the King. They submit the whole with a deep and solemn Sense of the great Responsi- bility which now rests upon the House of Assembly. The State of our i)ublic Aflairs apparently growing worse instead of being improved ; the Dissatisfaction and Anxiety of the Peo])le ; the Determination of the Government to I'^fend aiiu enforce arbitrary Principles, and to oj)pose the Application and the Ope- ration in this Province of acknowledf^od and essential Principles of the British (41.) G g 'i Constitution ; 236 DESPATCHES FROM SIR F B. HEAD, Bart., No. !). Sir F. B. Head lo Lord GIziielgi 21st April 1836. Enclosure No. 4. iiiittee House of Assemblv -*•■; Constitution ; and the Comparisons which are every Day made between our Condition on the one hand, and on the other hand the Prosperity of all Classes, the Activity of Business, and the Improvements of all Kinds, in the adjacent Country, are Considerations which cannot be disregarded. Blessed with a fine and healthy Climate, a productive Soil, unequalled natural Facilities for internal Communication, and an industrious and enterprising Population, we ought to see the Country flourish and improve at least as much, and the People as liappy, niiu'eeio Commons piospcrous, and contented under the Britisli Constitution (if we were permitted to enjoy it in its full and beneficial Operation), as could be realized under a different Form of Government. TJie Committee are not v. 'Uing to believe the contrary ; but that a System which lias long rendered imavailing the natural Advantages of the Country, and paralyzed its youthful Energies, should '"ow of a sudden produce contrar}' Effects, is not to be expected. Great as is the constitutional Question for which the Country contends, it is simple in its Nature. 'We have under the 31st Geo. 3. an Executive Council constituted by the Royal Instructions ; this Executive Council we desire to see discharging the Duties belonging to such a Council ; as it is the Duty of Parliament to legislate, so it is the Duty of the Executive Council to advise. It has been simply proposed that our public Affairs should pass under their Review preparatory to tl .• final and discretionary Action of the Governor upon them ; and assuredly the People, upon whose Affairs and highest Interests the Advice is given, should be allowed to see the Representative of the King surrounded by JMen alike possessing his Confidence and that of the Country. The great (Question now before your Honourable House and the Country is, not whether we are to have the Cor ititution and Form of Government of the United States introduced and established among us, but it is sim})ly whether we (His Majesty's Subjects ui Upper Canada) shall enjoy acknowledged Principles of the British Constitution. Whether wc shall have the same Rights and Privileges that are enjoyed by our Fellow Subjects in the United Kingdom, and which have always heretofore been admitted in Theory, but denied in Practice. Whether the Advisers of the Lieutenant Governor, the Executive Council, are to be Gentlemen of souinl Principles, known and possessing the Confidence and Esteem of the People, whom they are sworn to serve as well as His Majesty, or to be Persons unknown, unsworn, and irresponsible, and conse(iiieiitly under no Restraint or Accountability for the Advice they give, or Aleans (honourable or dishonourable) they use to accomplish their Ends. If we iiave at the Head of our local Affairs, not a Representative of the King, but a mere Minister, culpable for all Misdoings in our Government, there is no Reason why he should longer be held (as heretofore) above the Law of the Land. If| on the one luuul, we ask for the beneficial Operation of the Executive Council, the Answer is, " I am only in the Place of a Minister, answer ibic for my own Acts and those of my Council into the Bargain." And when, on the other hand, you desire to proceed against him for any Wrong, the Character is sliifk'd from a mere Minister into a Representative of the King, who can ilo no Wrong, and is above all Law. One Day he is a Minister in ordei to assume Power and act wrongfully ; another Day he is the Ueprc- sentative of the King, to oust the Courts of Justice of their Jurisdiction; he assumes one Character for Licence, and another for Defence. Your Committee desire to remark, that our other Institutions have often in Times past been subjected, like the Executi\e Council, to similar Attempts to cripple or abridge their constitutional Rights and C^liaracter. Your Honourable House was at one Time denied the Privilege which necessarily and constitutionally appertains to Parliament, viz., the Right to inquire into public Abuses, and they were not established on their j)resent broad, iiini, and acknowleilged Basis without Appeals to England and Litigation in our Courts of Law. During the Ninth Parliament occurred the arbitrary Outrage upon the Rights and Property of Mr. Forsyth by Governor Maitland, with Military Force, under the legal Advice of the Attorney General (since promoted to the Chief Justiceship of this Province), and supposed to have been uiidw 111! the ON THE SUBJECT OF CANADA. 237 No. 9. SirF. H. Head to Lord Gleiiel^, 2lst April liiM. CiicloMiru No. 4. the Advice of the then Executive Council. This flagrant Wrong became the Subject of Inquiry before a Committee of your Honourable House; and Messrs. Givins and Coffin were attempted to be sustained by Governor Maitland in their Refusal to obey a Summons to give Evidence ; in fact, they had his express Orders not to attend. Tiuis, in illustration of the alleged Sufficiency of Downing Street Responsibility by Governors, it appears that an Outrage is perpetrated first, and then executive Authority, Influence, and Power exerted ~ to prevent Investigation. Nor was this all ; for Sir P. Maitland further tried m\till\u Conlnwr-. to poison what Justice might be expected from His Majesty, by writuig a secret House of Assembly, calumniating Despatch, giving a bad Character to Mr. For;:yth, and traducing as factious the Assembly that interposed in his Behalf. The Ninth Parliament proceeded to tlie Arrest and Imprisonment of the refractory Officials ■, and althougii Sir George Murray, then Principal Secretary of State for the Colonies, rebuked Sir P. Maitland for his long and artful Despatch against our Pai'liamentary Privileges, yet he was never disgraced or punished ; and oven in tlie Tenth Parliament the Attorney General (since Chief Justice of Newfound- land) re-acted the same Dispute of the Privileges of the Provincial Parliament ; and it was not until the present Speaker of vour Honourable House was prosecuted for his Warrant, and that an Adjudication of the Court of King's Bench, after elaborate Argument, had placed the Question out of the Reach of further Denial, that the Right was acknowledged. When therefore it is con- sidered with what Trouble and Vexation, and against what executive Influence and Calumny, the Privileges of Parliament have been asserted and maintained, it is less surprising that the constitutional Duties and Functions of the Executive should factiously be denied. The Privileges of Parliament were not more obvious and certain or more important than the Duties and Functions of . the Executive Council, for the Peace, Welfare, and good Government of the Country ; and it only needs, on the Part of the People and their Repre- sentatives, the same firm and constitutional Exertions to ensure the same Success in the present all-iinportant Contest. All which is respectfully submitled. (Signed) Peter Peury, Chairman. T. D. Morrison. John P. Roblin. Hiram Norton. Charles Duncombe. Committee Room, House of Assembly, 1 14th April 183G. J (Truly extracted.) James Fitzgidbon, Clerk of Assembly. !■' i* I .1 ■H^^HUI ■r 1 ■ ' ' \i 1 C4'l.) GgS N |:| i I 1 J 1 f J '238 DESPATCHES FROM SIR F. B. HEAD, Bart., (C.) (F-) (G.) (H.) (!•) (K.) (L.) (IM (R.) (S.) (T.) SCHEDULE of Documents forming an Appendix to Report. (Fourth Enclosure in No. 9.) Robert Baldwin's Letter to Peter Perry, 16th March 1836, with Copies annexed of Note from Lieutenant Governor to Robert Baldwin, 19th February, and latter's Receipt thereof, 20th February - - - - - - - - p. 231) Tiie King's Instructions Oatii taicen by Executive Council - p. 2+2 - p. 252 Address from House of Assembly to the King on the Subject of Legislative Council and responsible Governments, 15th April 1835 .... - p. 252 Address from House of Assembly to the King against Interference with our local AfTaiw, 3d March 183.1. ..... . . . p. 251' Address of House of Assembly to Lieutenant Governor on Subject of an Agreement between new Councillors as to Seniority in certain Events, and His 1-xcellency's Reply - p. 25) Evidence given before Select Committee of House of Assembly by R. Baldwin SuUivaJi, E9(|., 28th March 1836, and Honourable Augustus Baldwin, 11th April 1836 - - p. 255 Schedule of latt? Endowments of Parsonages and Rectories in this Province, 5th February 1836 - - - - - - - • - - p. 257 Letter from J. Joseph, Private Secretary to P. Perry, Esq., on Subject ()f Rejonider from Citizens, 4th April 1836 - - - - - - - p. 2()() Rejoinder from Citizens of Toronto to the Reply of Lieutenant (iovernor to their Address of 25th March - - - - - - - - p. 200 Letter from Robert Paldwin, Esq., to Peter Perry, Esq., relative to His Excellency's Remark* to the City Corporation, 12th April 1836, and Evidence of Robert Baldwin, Esq., and Doctor Roliili - - - - - - . p. 2(i5 (U.) Address from the Grand Jury to the Lieutenant Governor, and His Excellency'sReply, p.2()T ■"•m; ON THE SUBJECT OF CANADA. 2dO 11 SuUivoii, Es(|., cy'slleply, p.'iOT Appendix to Report (being the Fourth Enclosure in No. 9.) (C.) Dear Sir, Front-street, 16th March 1836. No. 9. Sir F. B. Heail to Lord Glenelg, 21st April 1836 Enclosure No. 4. (Appendix.) Myself and my colleagues having felt it our duty to tender our resignations, and the Letter from Kobert Lieutenant-Governor having been pleased to accept them, I waited on his Excellency to Baldwin, Esci. to request his permission to make public, in the usual parliamentary way, the steps which led to Peter Perry, Esn, the formation of his Excellency's late Cabinet, and the circumstances which occasioned its dissolution; to which his Excellency, in the handsomest manner, frankly acceded, most UracioHsly assuring me that his confidence in me personally was such, that lie presented me with a carte blanche to state the whole, from the commencement of the negotiations to the acceptance of our resignations. None of the members of the late provincial administration having the honour of a seat in liie Commons, 1 know of no way in which such infoi'mation can be more respectfully com- municated than in a letter addressed to you, for the purpose of being read in your place, or of the House l)eing put in possession of its contents in whatever other way your more intimate acquaintance with parliamentary forms may suggest. I therefore, beg leave to state, that hiii Excellency, having done me the honour to send for me, explained the position in which he found himself placed on assuming the government of the province, and declaring himself most anxious to do the best ho could to insure to the [irovince good and cheap government, expressed himself most desirous that I would aflbrd him my assistance by joining his Executive Council, assuring me that, in the event of my acceding 10 his proposal, I should enjoy his full and entire confidence. I informed his Excellency of my extreme reluctance to again embark in public life, and proceeded to state that, notwithstanding such reluctance, and reserving to myself the option of declining to accept the seat which his Excellency had tendered to me on private grounds merely, I yet Telt that as his Excellency had done me the honour of sending for me, I would not be performing my duty to my Sovereign or the country if I did not, with his Excellency's permission, explain fully to his Excellency my views of the constitution of ihe province, and the change necessary in the practical administration of it; particularly lis I considered the delay in adopting this change as the great and all-absorbing grievance before which all others, in my mind, sunk into insignificance ; and the remedy of which would most effectually lead, and that in a constitutional way, to the redress of every other real grievance, and tiie finally putting an end to all clamour about imaginary ones; and that these desirable objects would thus be accomplisluHl without in the least entrenchiiig upon the just and necessary prerogatives of the Crown, which I considered, when adminis- tered by the Lieutenant-Governor through the medium of a provincial ministry, responsible 10 the provincial Parliament, to be an essential part of ilie constitution of the province. That these opinions were not hastily formed, that they were, on the contrary, those which I had inibibeil from my father, who, though now for 'iome years, as well as myself, unconnected with public life, had formerly held a miich more distinguished position in the politics of the coun,try than I could pretend to, and that they were opinions which the txperience of every year had more and more strengthened and confirmed; that I felt con- vinced tliat the prompt adoption of those views was the on'v means of consolidating the connexion with the mother country, to the preservation ot which no one was more de- votedly attaclied or ready to make greater sacrifices than myself. That they were nothing more than the principles of the British constitution applied to that of this province, and which 1 conceived necessarily to beU)ng as nuich to the one as the other. That the call for an Elective Legislative Council, which liatl been already fornmlly mode from Lower Canada, and had been taken up, and api jared likely to be responded to in this province, was as ilistasteful to me as it aiuld be to any one ; as all that to nie apiieared necessary or desir- able wag the constitution as it stood, I'ully and fairly acted upon. And that I was con- vinced that had such a course been adopti'il some years ago, we should not now imve had the public discussing the expediency of an alteration in the constitution, by the intro- duction of a provision for an elective Legislative Coimcil. That I feared it might not be too late ; but as I was not sutlicientiy aware of the exact state of the question to speak deci- dedly, I sincerely hoped that by the prompt adoption of a responsible provincial administra- tion, under the King's representative, tlie question might even yet be set at rest ; aiul in ri'ply to an olijectiou of his Excellency, that the adoption of such a course would be placing the Lieutenant-Governor in a position similar to tiiat of the King, which was inconsistent with the fact of his res[ionsibilily, I explained, that as far as regariU'd the internal allliirs of the province the Lieutenant-Ciovernor was in point of fact, us far as this province and its par- liament were concerned, as completely irresponsible as the King himsell', as there certainly neither existed, nor, in my opinion, ought to exist, any legal or constitutional means of caliiii},' hiiu to account in this country lor any act of his goverinnent. 'I'hat his responsi- bility was to the King and Parliament of ihu Luipire, and was perfectly proper and (41.) G g 4 necessary t-\ 340 DESPATCHES FROM SIR F. B. HEAD, Bart., No, 9. Sir F. B. Head to Lord Glenelg, •J 1st April I83(J. Enclosure No. 4. (Appendix.) r.ctler from R. Raldwin, Esq. to P..ter Perry, Esq. '•Di; necessary for the preservation of the paramount aut jrity of the mother coimtry, and the protection of her interests in matters properly and constitutionally belonging to the exercise of that authority. But that what the constitution required was, that there should be person* within this country itself who could be made responsible to the provincial parllameiu here for the administration of the internal affairs of the province. To another objection of his Excellency, that the adoption of my views would deprive the Lieutenant-Governor of all power, and convert him into a cipher, I distinctly denied any such as a consequence of my principles; as I fully admitted the Lieutenant-Governor to be constitutionally clothed, as the royal representative, with the same powers within the province, with respect to its internal affairs, iis those possessed by the King himself with respect to the affairs of the Empire at large, which appearetl to me to be all that lie could desire, and at all events all that the constitution had given him; tliat he had always the same constitutional right to accept or reject the advice of any of his executive councillors, and that, as in England, the only alternative for them was to resign, when they and the Lieutenant-Governor differed on any point which they conceived of suflicien' '-nportance to call for such a step; in which event the Lieutenant-Governor was perfectly r e to call to his council whom he pleased. His Excellency very candidly declared his entire dissent from such views and opinions; he nevertheles/;, with the most gracious expression of satisfaction at the very full and candid manner in which I had opened them to him, renewed his solicitation for my acceptance of a seat in the Executive Council, suggestii)'', as an inducement for such acceptance, tlie increased facilities which, by my place in t ^i^xecutivc Coiuicil, would be afforded towards the more efficiently representing and urgin/ iy views; his Excellency declaring that his doors should at all times be open to me, and that he should be most happy to listen and give his most serious consideration to any subject which I mightat any time think it important to lay before him, his Excellency always reserving the right to decide for himself; his Excel- lency at liie same time remarking, that he had no objection to the council, each continuing to entertain aiul urge his individual opinions, as the opinions of one would be neutralized by those of another. I then informed his Excellency that, upon the principles which I had opened to him, there were two grounds upon which 1 could not consistently comply with his Excellency's wishes; first, that no pi'ovincial administration would, in my opinion, l)e capable of aflbrding his Excellency that assistance and support which his government would require, unless suf- ficiently possessed of the confidence of the provincial parliament to insure majorities in it; and that 1 did not feel that that confidence could be obtained without further assistance; and, secondly, that although in private life I was on perfectly good terms with all the gentlenK'u who then composed his Excellency's Executive Council, and on most friendly terms with one of them, yet that, as public men, I had in them no confidence whatever, and had formeily, when in public life, denoimced them, and those with whom they acted, as politicall;, unworthy of the confidence of the country, and therefore that 1 felt that I could not take office with them. At length after a considtation, held by his Excellency's permission, with Dr. Ilolph and my father. I finally, on the two grounds above mentioned, declined uo accept a seat in the Executive Council. It is proper that I should here remark, that though these principles were fully opened to his Excellency at niy first interview, some parts of the conversations above adverted to (though I believe none that could be considered essential to the I'M exposition of the prin- cipKs themselves) passed during the subsequent interviews which I had the honour of having with the Lieutenant Governor in the course of the negotiation, Having been subsequently again sent for by his Excellency, and requested to stale more explicitly what the assistance was to which 1 had before alluded, 1 replied, that I considered the assistance of Dr. Uolph, Mr. iJidwel), my father, and Mr. Duini, in the Executive Couufil, most desirable, and that of Dr. Rolph as absolutely necessary, to insiue that public confidence in his Excellency's government without which I was convinced his Excilleiu y. with the best intentions in the world, would fail to accomplish those desirable objects which he had in view. His Excellency, after an interview which he informed nio he had had with Mr. Ihdwoll, again opened the lu'gotiatiou by a renewed tender of a seat in the Executive ( oiimili giving nie at the nunc time to iniderstand that, if iiccepted, lie was prepared to all'ord me the assistance of Dr. Uolph and Mr. Dunn, should these gentlemen have no objection to join me. Upon tliir:, with his Excellency's permission, I again consulted with Dr. Rolph, Mr. Bid- well, and my liillier, aiul I feel it due to the two latter to take this opportunity of stating, that 1 received the I'lillest assurance of their most cordial support to a cabinet composed of Dr. Uolph, Mr, Dunn, and myself, and the expression of their opinions that, in the present conjuncture of pnblie alliiirs, their being taken imo the cabinet ought not to he further urged; whicii disinterested course on tiieir part, so consistent with the position which Uiey hold in the public confidence, the country, I am iiersuuded, cannot fail to appreciate. lliis ON THE SUBJECT OF CANADA. 241 This renewal of the negotiation was, however, ultimately closed by my again fitially declining to accept office, in consequence ol" his Excellency not feeling himself justified in consenting to tiie removal of those gentlemen wlio were already in tlie council. Upon this Iiis Excellency sent for my father, to whom he made a similar tender of a seat in the Executive Council, and his fullest confidence in the event of his accepting it ; and I am authorized to say, that Dr. Baldwin, on that occasion, informed his Excellency that his views and principles were similar to those wliich had been already fully laid before his Excellency by nie, and that he felt it impossible to take office in conjunction with the tliree gentlemen who then formed his Excellency's Executive Council. His Excellency then sent for Dr. Rolph, to whom he made a similar tender of his con- fidence. Dr. Ilolph having obtained his Excellency's permission to consult Mr. Bidwell, Mr. Dunn, my fatlier, and myself, it was, in the course of that consultation, pressed upon me, that as the principle of responsibility, although long before the public, had never yet been practically acted upon ; and tliat taking it for granted (as it was but justice to his Excellency to do) that his Excellency, although mistaken in his views of the constitution of the country, might yet be sincerely desirous of governing according to that constitution, and that i:j that case all that would be found necessary was to convince him that the views and principles which I had opened to him were just and constitutional to insure their adoption, or the procurement of his Excellency's influence to obtain their adoption ; and tha^ notwithstanding what his Excellency had said with respect to the ophiions of one member of the council being neutralized bv those of another, which appeared to arise more from a want of suTicient practical acquaintar.^e with the working of the political machinery of government, whicii time and experience would necessarily correct, than from any other cause ; it would perhaps not be performing our duty to his Excellency, or the country, were we- ^ter liis having gone thus far to meet our views, peremptorily to refuse all concession on our part. To this r 'asoning having given a most relcuUint consent, I empowered Dr. Rolph, in accordance • ith the course deemed by him most respectful to his Excellency, to state to the Lieutenant-Governor that I was willing, with his Excellence's permission, to re-consider his Excellency's proposal, and to consider the negotiation re-opened, upon the footing on which it stood previous to its having been last closed with me ; to which his ExcelliMicy having at once acceded, and the negotiation having been thus re-opened, after some further consultation upon the subject with Mr. Dimn, his Excellency was finally informed that Mr. Dunn, Dr. Rolph, and myself had, though reluctantly, consented, in compli.iiice with his Excellency's wishes, ami as a mere experiment, and one which we feared would fail, to accept seats in his Excellen. s Executive Council, without the retirement of the three gentlemen who were already members of it. Afterwards, on our all waiting on his Excellency, previous to our being sworn, I pointed out and insisted u[on the necessity, that, lest compioinise of principle might be imputed to us in consecjueneo of the course we had taken, which in the public eye must necessarily appear equivocal, some announcement should be made of the unfettered terms upon which his Excellency was pleased to receive us into his confidence, which, at his Excellency's suggestion, was finally arranged to be in the shape of a note to that effect, to be addressed to me (as the person first sent I'v.) by his Excellency, and of which I was to be at liberty to make any use that I might deem necessary or proper; which note wiis, at my request, in accordance with the gracious permission whicli I had received, read publicly by a member of each House of Parliament in his place, this being the only manner in which it appeared to me die information which it was necessary that the public should be in possession of could be connnimicated consistently with the respect due to a connnunication from the representative of the King. Copies of this note, and of my acknowledgment of the receipt of it, I subjoin. These negotiations, partly retardeil by my absence in the country, were in progress from the 8tli until the "JOih ultimo, on which day we were sworn into office. Having thus explained the circumstances which led to our appointment, I have only to add, with respect to our retirement from office, that the principles, the facts, and the views which were afterwnrdd embodied in the fornud represeiitiition of the Executive Council, were (at least ten days before being thus formally presented to his Excellency), at very con- siderable length, amicably discussed between the mi'mbers of the Executive Comicil and his Excellency, and afterwards continued the subject of tleliberate consideration among the momhers themselves for another week, when, on the -Ith of this month, the formal lepre- sentation alludei)Utably necessary to the free exercise of the Homish religion; and in llio.se cases not n'diout a licence and permission from you, under the S'>al of Our said province, for and fhe King's during Oiir will and pleasure, and under such limitations and restrictions .is may correspond Instructions witli uic spirit and provisions of the Act of the fourteenth year of Our reign, " for making more effectual provision for the government of the province of Quebec ;" and no jicrson wiiatever is to have holy orders conferred upon him, or have the cure of souls, without a licence lor that purpose first had and obtained from you. Thirdly, diat no person professing the religion of the Church of Rome be allowed to fill any ecclesiastical benefice, or to have and enjoy any of the rights or profits belonging thereto, wlio is not a Canadian by birth (such only excepted as are now in possession of any such beiiefiLes), and who is not appointed thereto by Us or under Our authority ; and tluit all right or claim of right in any other person whatever to nominate, present, or appoint to any vacant benefice, other than such as may lay claim to the patronage of benefices as a civil riglit, 1)0 absolutely abolished; no person to hold more than one benefice, or at least not more than can reasonably be served by one and the same incumbent. Fourthly, that no person whatever professing the religion of the church of Rome be appinted incumbent of any parish in which the majority of the iTihahitants shall solicit the aiJiKjinlnicnt of a Protestant minister ; in such case tlieincimibent shall be a I'rotestant, and entitled to all tithes ,)ayable within such parish; but, nevertheless, the Roman Catholics inav have the use of the church for the free exercise of their religion, at such time as may not interfere with the religious worship of the Protestants; and in like maimer the Pro- testant inhabitants in every ])arish where the majority of the parishioners are Roman Catholics shall notwithstanding have the free list- of the church for the exercise of their religion, at such times as may not interfere with the religious worship of the Roman Catholics, Fifthly, that no incumbent professing the religion of the Church of Rome appointed to any parish shall be entitled to receive any tithes tor lands or possessions occupied by a Pro- testant, but such tithes shall be received bj- such persons as you shall appoint, and shall be reserved in the hands of Our Receiver-General as aforesaid for the support of a Protes- tant clergy in our said province, to be actually resident within the same, and not otherwise, according to such directions as you shall receive from Us in that behalf; and in like manner all growing rents and profits of a vacant benefice shall during such vacancy be reserved for and applied to the like uses. Sixthly, that all persons professing the religion of the Church of Rome who are already possessed of, or may hereafter be appointed to, any I'cclesiastical benefice, or who may be licensed to exercise any power or authority in resj)ect thereto, do take and subscribe before jou in Council, or before such person as you shall appoint to administer th. ime, the oath required to be taken and subscribed by the aforesaid Act of Parliament passed in tlir four- teenth year of Our reign, intituled " An Act for making more eflectual provision for die government of the province of Quebec in North America." Seventhly, that all incumbents of parishes professing the Romish religion, not being under the ecclesiastical jurisdiction of the IJishop of Quebec, shall hold their respective benefices during their good behaviour, subject, however, in case of any conviction for crimi- nal offence, or upon due proof of seditious attempts to disturb the peace and traiupiillity of Our government, to lie deprived or suspended by you. liiglitlily, that such ecclesiastics as may think fit to enter into the lioly state of matrimony shall he released from all penalties to which they may have been subjected in such cases by any authority of the see of Rome. Ninthly, that freedom of the burial of the dead in the churches and churchyards be allowed indiscriminately to every Christian persuasion. Tentlily, that the Royal Family be prayed for in all churches and places of public wor- ship, in such manner and form as is used in this kingdom, and that Our arms and insignia be put up not only in all such churches and places of holy worship, but also in all courts of justice, and that the arms of France be taken down in any such church or court where they may at present remain. 43. You are to permit liberty of conscience and the free exercise of all such modes of religious worship as pre not prohibitetl by law to all persons who may inhabit and frequent tlie province of Upper Canada, provided they be contented with a quiet and peaceable enjoyment of the same, without giving ofi'ence or scandal to the government. 44. It is Our will and pleasure to reserve to you the granting of licences for marriage, letters of administration, and probates of wills, as heretofore exercised by you and your pre- decessors, and also to reserve to you and all others to whom it may lawfully belong, the patronage and right of presentation to benefices ; but it is Our will and pleasure that the person so presented sliall be instituted by tlie Bishop or his commissary duly authorized by liiin. 45. You are to take especial care that God Almighty be devoutly and duly served throughout your goTeroment, that the Lord's day be didy kept, and the services and prayers (41.) I i appointed ~ u i ' ' 1! !S t- 1 ■i 1 r i, 1 i I. lip 250 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 9. Sir F. 15. Head to Lord Glenelfj, 2 1 St April 183(). Enclosure No. 4. (Appendix.) Tlie King's Instructions. appointed bv and according to the book of Common Prayer be publicly and solemiilvper. ibrnied thvoiiivliout the year. 4(). Y'jii are to take care tliat the churches which are or may be hereafter erected in Our said pro\i!icc of Upper Canada be well and orderly kept. 47. Vou sliail ivconinienil to the Legislative Council and General Assembly of tlie pro- vince of Upper Canada to settle the limits of parishes in such manner as may be dcennxl most convciiient. 48. You are to use your best endeavour that each minister be constituted one of the vestr\' in his respective parish, and that no vestry be held without him, except in case of sickiiesj, or that, after iiotice i;iven of a vi-stry, he omit to come. 49. It is Our will and pleasure that you recommend to the Legislative Council and Assendily of Our said province of Upjier Canada to make due provision for tiic erociiiiiranj maintaining of schools where youth may be educated in competent learning, and in i\ow. ledge of the principles of the Christian religion. .50. And it is Our further will and pleasure that no person shall be allowed to keep a school in the province of Upper Canada without your licence first had and obtained; in granting of which you are to pay the most particular attention to the morals and (lualifica- tions of persons applying for the same ; and in all cases where the school has been institutoil or appointed lor the etlucation of members of the Church of Englaiul, or where it is intended thai the sclioolmasti'r should be a member of the Church of England, you are not to grant such licences except to persons who shall first have obtained from the Bishop of Quebec or one of iiis conunissaries a certificate of their being properly qualified for that purpose. 51. And it is Our fin-ther will and pleasure that in order to suppress every species of vice, pi'ofaiieiK'ss, and inmioiality, you do forthwith cause all laws made against blasphemy, pro- tiuieui js, adultery, fornication, polygamj-, incest, orofonation of the Lord's Day, sweariiKr, iiid drunkeiniess to be strictly put in execution in every part of the province of Upper C-'.nada; ami that for this purpose you do direct tiiat the constables and churchwardens ol the several parishes do make presentment upon oath of any of the vices before mentioned to the justices of ihe peace in their session, or to any other of the temporal courts; and you are earnestly to recommend to the Legislative Council and Assembly to provide ell'ectiial laws for the restraint and punishment of all such of the afore-mentioned vices against wiiicli no laws are as yet provided, or in easi's where the laws already made are found to be insuffi- cient ; and in order to discountenance vice and promote the practice of virtue to the inmost of your power, ^Ve do hereby strictly conuiuind and enjoin you to appoint no person to lie a justice of the peace, c • to any trust or employment, whose notorious ill life or conversation may occasion scandal. 5*2. You are not to present any Protestant minister to any ecclesiastical benefice within Our said province, by virtue of the said act passed in the 31st year of Oin- reign, and of Our conuuission to you, witiiout a proper certificate from the Bishop of Ouebec, or his connuissary, of his being conformable to the doctrine and discipline of the Ciuireliol England. 5.'). And you are to tiikc espcciid care that the table of marriages established by the canons of the Church of England be hung n[) in all ])lacea of public worship, according to the rites of the Chiiivh of England. 54. It is our intention that the peltry trade of the interior countiy shall be free and open to Oiu' subjects, inhabitants of any of Oiu' colonies, who shall, pursuant to what was directed by our Uoyal Proclamation of 17().'), obtain trading licences from the (ioveniorol any olOur sai lakes an there be at that time no jiersoii coiTimi^sioned or appointed by Us to be our I-ieufenant-Goveriior, or a[ipoiiited by Is to iutuiiiiister the government within the province, in the event of the death or ab.H'iice of you and of Our Lieutenant-Governor of the said province, the senior member of the Executive Council who shall be at the time of your death or absence residing within Our saiil pvovinci' of tapper Canada, subject to such other nomination and ap|)ointnient by you under tlie great seal of Our said province as in Our said Coinmission is in that behalf menliniicd, shall take upon him the administratioii of the government, and execute our said Cuainnssioii and Instructions, and the several powers and authorities therein contained, in the manner hereby directed. It is nevertheless Our express will and pleasure, that in sticii I'ibe tile person so administering the goverimieiil shall forbear to assent to any acts but wliat are immediately necessary for the weltiire of Our said province, without Our particular wders for that purpose; and that he shall not take upon him to dissolve the Assembly thou in being, nor to remove or suspend any of the members of Our said I'^xecutive Council, nor any judges, justices of the peace, or other officers, civil or military, without the adficu «iid consent of the majority of the said Executive Council; and he is by the first opjjortii- nily to transmit to Us, by one of Our Principal Secretaries of State, the reasons of such ulterations, signed by him and the Council : And our will and pleasure is, that the above Instructions with respect to such senior Councillor shall also be e(iually observed by and bebiiiiling mion such other Executive Councillor us may bi- nominated and appointed by you inider Uiu pccat seal of Our said province by virtue of Our said Commission in liiat hchalf. (i'i. And whereas by Our different Commissions we have appointed you to be Our (lovcnior and Commatider-in-(^hief of Our Provinces of Upper Canada and Lower Canada, Our I'rovince of Nova Scotia Our Islands of Prince Edward and Cape Hrelon, as well as of Our I'rovinco of New Urunswick ; and it is Our intention that the Lieutenant-Governors lumiimniliiig in Our saiil Provinces of Upper Canada, New Hruiiswick, and Nova Scotia, mill the Islands of Prince Edward and Cape Hreton, should lia^'e and enjoy the full salaries,, perquisites, and emoluments granted to them and arising from their respecliv(' governments, 11 as lull and ample u manner as if the said governments were under distinct governors-in- ™ief. It is therefore Our vill and pleasure that you shall not at any time or times, when you shall be reskieut utiJ ojuimanding in chief in cither of Our said provinces of Ujiper (41.) 1 i !2 Canada, No. y. Sir F. B. Head to Lord Glcneig, 21st Aprd 1836. Enclosure No. 4-. (Appendix.) The King's Instructions. m^ I* No. 9. Sir F. 15. Head to Lord Glenelg, 21st April 1836. linclosiire, No. 4. (Appendix.) Tlie Kini^'s Instructions. 252 DESPATCHES FROM SIR F. B. HEAD, Baht., Canada, Nova Scotia, or New Brunswick, or tlie Islands of Prince Edward ai..i Cape Breton have or receive any part of the said salaries, perquisites, or emoluments; but that the same shall continue to be paid and satisfied to the Lieutenant-Governors of Our said Provinces and Islands respectively in the like manner as they usually are during your absence therelVoni. G3. And you are upon all occasions to send to Us, by one of Our Principal Secretaries of State, a particul;:r account of all your proceedings, and of tlie condition of affairs within your government. (A true copy.) (signed) J, Joseph. Oath taken by Executive Council (G.) Corr of the Oath taken by every Member of the Executive Council. You do swear, that so far forth as cunning and discretion sufSceth, you will justly, truly, and evenly counsel and advise the King, and his representative in the government of this province, in all matters to be communed, treated, and demeaned in the Exerutive Council, or by you as the King's counsellor, without partiality or exception of persons, not leaving or eschewing so to do for aifection, love, meed, doubt, or dread of any person or persons. You shall keep secret the King's counsel, and all that shall be coinmunecl by way of counsel in the same, and shall not discover it by word or writing, or in any otherwise, to any person out of the same Council, or to any of the same Council if it touch him or be party thereof. You shall not gift, meed, good, or promise of good, by any man, or by promise of any other person, accept or take, for any promotion, favouring, letting, or hindering any matter or thing to be treated or done in the said Council. You shall with all your might and power, help and strengthen the King's said Council for the good of the King and this province, and for the peace, rest, and tranquillity of the sa)iie. You shall withstand any person or persons, of whatever condition, estate, or degree, thai should attempt or intend the contrary; and, generally, you shall observe, keep, and do all that a good and true councillor ought to do unto his sovereign lord, or his representative in this province. (signed) John Beikie, Clerk, Executive. Cotincil. Address to the Kinfr (II.) Address to His Majesty on the subject of the Legislative Council. To the King's most Excellent Majesty. Most gracioi;s Sovereign, We, Your Majesty's most dutiful and loyal i.ubjects, the Commons of Upper Canada, in Provincial ParliameiU assembled, humbly rej)resent, that we have applied ourselves with the greatest diligence, during the present Session of the Provincial Parliament, to various subjects of great interest to our constituents ; and ulihough onr proceedings have been unavoidably interrupted to a degree altogether unprecedented, by the trial of controverted elections, and although many of the members of this House have laboured under the dis- advantage of having been without parliamentary experience; yet the neces>fary measures on the subjects to which we have alluiled have been brought to a satisfactory conclusion, and completed as far as depfnde. i' ^hljcsly by your faithful subjects in this province, so as to put that institution into operation wi just and liberal principles; — to proviile lor tlie sale of the clergy reserves, and tlic nppli- cation of the monies arisliig therelVoni to objects of conunon benefit and great ntililv l» Yom- Majesty's subjects in this Province, in accordance with Your Majesty's gracious invitations, and with the well-known and often expressed wishes of Your Mnji'siys subjects; — lo i)romoie the peace, freedom, and inilepcndence of elections of Mcinii.rs ol Puiliament, by adopting the motle of voting by ballot ; — lo grunt 100/. per aiinuMi or live '< years T., ON THE SUBJECT OF CANADA. 253 •d auC. Cape Breton, ; but that the same Our said Provinces Liring your absence Principal Secretaries ion oC affairs within i) J. Joseph, Council. ou will jusllj', truij) government of this Exerutive Council, 3ersoii.s, not leaving •sou or persons, nmuned by way of r in any otherwise, f it touch him or be ir by promise of any indering any matter [ing's said Council id tranquillity of the :ate, or degree, that erve, keep, and do or his representative secutive Council. Council. of Uppor Canaiiii, plied ourselves with rliament, to various :eediiigs have lieen rial of tontroverteil red under the ilis- ;es«ary measures on )ry conclusion, nml Legislative Council. ur exertions during ae measures, by the d this fate, me Hill' Ti\ competition ;— W dying inti'stiUe;— lo hold tlii'ir office' _es ; — to relieve an penalties which are hsivi: on them, and .Mil of our eomnuMi rt ; — to anionil tliu s reconinu'iiilHtions, ■d to Yo. r Miijesij into onenition o" •ves, and the nppli- iiul great iiiililv I" Majesty's maciom of Your Miiji'sty's oils of Menih.TS ol per uniiuni 'or li'' years years to the Prantham and Bath Academies, institutions of education established by the voluntary contribution of the people, and on liberal principles. All these measures, and others which we will not trouble Your Majesty with enumerating, have been rejected by the Legislative Council without amendment, and the labours of this House, during a session which we think we may justly declare has been distinguished for unprecedented diligence and application to public business, almost entirely bailleil and rendered useless by the course pursued by the Legislative Council. If there were any rea.son to hope that these difficulties could be obviated, or materially diminished in future, we sliould not trouble Your Majesty ; but the experience of years convinces us, that on many subjects 'if great and general interest there is such a disagreement of opinion between the Legislative Council, as now constituted, and the representatives of the people, as to biin" us to the ci.ncIusion, which indeed the Legislative Council itself has expressed in relation to one of the most deeply interesting of these subjects, namely, tiiat the Legis- lature of diis province cannot concur in any measure that will be satistiictory to Your Majesty's subjects in this province. We are aware that Your Majesty has I en officially informed by his Excellency Sir John Colborne, that, " composed as the Legislative Council is at present, the province has a right to complain of the great influence of the Executive Government in it; that it consists of seventeen members, exclusive of the Bishop of (Quebec ; that of these, from accidental causes, not more than fifteen ever attend to their legislative duties; that thus, out of the members generally present, six are of the Executive Council, and four hold offices under the goveriinient ; and that bis Excellency had therefore intimated his intention of recommeniling to Your ISLijesty to increase the Legislative Council." And it was no doubt with a desire to remedy this evil, equally felt by the people and his Excellency, diat Y'our Majesty has since added to their number. Hut it is our duty to assure Y'c.ir Majesty that this change has not abated the evil of which we have such serious causes to complain, while it has, on the coiitrary, i)ro- duced that further division of responsibility amongst i' lembcrs which le.ssens the consciousness of individual accountability, without estah' . ' g any conuuunity of feeling or sentiments of respect between them and the people. We do not wish to advert to this unpleasant and mortifying condition of our public afiliirs, in language that shall be disrespectful or ofi'eii.ive to the Legislative Council ; nor do we presume to jirescribe to Y'our Majesty what ex[)edient should be adopted to afl'ord relief iii the premises to Your Majesty's dutiful and loyal subjects !r. this province, who, we are con- fident, desire that Y'our ISLijesty's attention should be called to I*, and that we should humbly leave it to Your Majesty's wisdom to apply a suitable remedy. In connexion with this subject, we feel bound lo represent tc Your Mujefty, that it is the earnest desire of Your l^Iajesty's faithful subjecis, tliat Y'our Majesty's Goveriinient in this province should be conducted by the advice of those wlio should be actually and practically responsible for their proceedings, nnd who would, af. a consequence, be likely to recomnieiul and favour such public measures as may be moit desired by Your Majesty's subjects, and in their opinion most conducive to their interests. We behold Your M:ijesty, in the administration of the ailidrs of the great Empire which Providence has committed to Your Majesty's hands, graciously consulting the ". islies of your fliilhful people, as expressed by their representatives, in the choice of responsible ailvisers, to manage, under Your Majesty, the alliiirs of the Government; and we have been acciistoined to regard it ,is an essential and invaluable feature of the glorious constitution of our mother couiuiy. The same principle we wish to see ap[)lied in the practice of oiir Colonial Government; until that is done, we cannot expect that the udininistratioii will give salisliictioii t< Your Majesty's subjects, or that there will be any real and permanent harmony between the Government and the representatives of the people. It is true, that we might withhold the annual grant for the sujiport of the Ctovernineiit as a mark of our dissatisliu-tioii with this stale of things, an-ovision for the Government of the said Province;" yet it is contrary to its spirit and mcaiiing and the principles of a free government. We believe that this pr'^ision was intended to remedy any evil which might be occasioned by the Royal Assent being given in the colony to a provincial Act that should be found incom- patible with the rights and interests of other portions of the empire; but we cannot think it was intended to give the power of interference with our internal affiiirs. Against such an interference we respectfully, l)iit plainly and solemidy protest, as inconsistent with those sacred constitutional principles wliicli are essential to a free government; since it is manifest, that if Your Majesty's ^linisters, at a distance of more than four thousand miles, and not at all controllable by or accountable to Your Majesty's subjects here, and possessing necessarily a slight and imperfect knowledge of the circumstances of this coiuitry, the wants am! habits and feelings of the inhabitants, and the mode of transacting business among us, ear dictate a different course, in relation to measures affecting ourselves only, from that which the people by their representatives, and with the concurrence of the other branches of the Provincial Legislature, have chosen, we are reduced to a state of mere depen- dence upon the will and pleasure of a Ministry that are irresponsible to us, and beyond the reach and operation of the public opinion of the province ; and no one can rely ujion our provincial laws, althougli they may be constitutionally and deliberately formed, but the mo^^t luihapiiy uncertainly and want of eonlidence will prevail and extend their disastrous influence over all our business transactions. We respectfully claim the same right in behalf of Your ^lajesty's subjects in this pro- vince, to be consulted in the making of laws lor their peace, welfare, and good goverui.ient, which our fellow subjects in Cireat Britain enjoy in respect to the laws to which their obedi 'uce is required. And although, from the necessity of the case, power must be granted to the iiead of tiie empire of preventing colonial laws being adopted atul enforced which are incompatible with treaties beU»<.ci; Your Majesty's Government and foreign states, or with the just rights of any other of Your Majesty's colonies; yet, with these exceptions, we humbly submit, that no laws ought to be, or rightfully can be, dictated to or imposed upon the people of this province to which they do not freely give liicir consent through the constitutional medium of representatives chosen by and accountable to tiiemselves. The force of our humble and dutiful remonstrance against the principle of an inter- ference of Your Majesty's Ministers with our internal affairs, we are not willing to dimi- nish, by insisting upon the inconveiiii'nces and evils likely to follow front the exercise of the power which the letter of the IJritish statute, before quoted, gives to Your Majesty to disallow the provincial acts which we iiave mentioned; but we cannot refrain from declaring otir painful and settled conviction, that the di.sallowance of these Acts, after they have bwn for a long time in operation, so that the nu)st frecpient and ordinary as well as the most extensive ami important transactions of business in the province depend upon their con- tinued ("xistence, would be attended with confusion and distress beyond description, without any benefit to 'lie province, and without any udvanUige whatever to any portion of Your Majesty's doniinr of the events mentioned, it was my ill' iition to resign my place as Executive Councillor, as it nas not my desire, in any evetit, I'lfill tlie situation ot administrator of the government. At my request this intention was expressed in writing, and I signed it. (tl.) 1 i 4 Q.5. Did 256 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 1). Sir F. B. Head tu Lord Glenelt;, •ilM April 183(). Enclosure No. -J. (Appeiidi.x.) KvitJeiice before Select Coiiiiiiittee of House of As- sembly. Q. 3. Is the instrument you mention under seal or witnessed ? — A. It is neither under seal nor witnessed. Q. 4. Into whose hands did you deliver the document? — A. Into the hands of the Hon William Allan. Q. 5. Did any other person know of the existence of the document ? — A. Yos ; it was not intended that my intention should be secret. His Excellency the Lieutenant-Governor was present when it was read and delivered to Mr. Allan. Q. (i. Did His Excellency the Lieutenant-Governor write the Document, or was it written by His Excellency's Order ? — A. I proposed that my intention should be expressed in writing, and I wisiied that the writing should be drawn up by some poi'son other than myself; upon wliicii His Excellency, being present, was kind enough to draw it up. Q. 7. Was the writing intended to be legally binding upon you? — A. Certainly not. Q. 8. What was the object or intention of the paper in quc'stion, if it was not intended to be legally binding ? — A. It was intended for my own satisfaction, that it might not be said that I liad it in view to fdl the situation of administrator of the government. Q. 9. Do you think you could constitutionally resign in case of either of the above events, and give place to another who could administer the government? — A. I could transmit mv resignation to His Majesty's Government, and decline taking upon myself the office of administrator of the Government. I think it is the constitutional right of any individual to decline t.iking office upon himself; and as to giving place to another, that is not the act of the person declining office, but of tlie law. Q. 10. Do you not think that in either of the above events taking place you would be the administrator of the government without being appointed in any way ? — A. The senior Executive Councillor would, upon taking the oaths of office, be invested with the adminis- tration of the government without any further appointment. Q. 1 1. Do you think that upon your resignation, as above stated, the administration of the government could be assumed by any other member of the Council ? — A, 1 think it could ; either upon my resignation or upon my refusal to take the oath of office. Committee Room, 11 th April 1836. Hon. Augustus Baldwin called in, and examined. Question 1. Are you one of the present Executive Council? — Answer, Yes. Q. 2. I'we you any knowledge of a paper signed by Mr. Sullivan in relation to the admi- nistratioi. ' the government in the event of the death or absence from the Province of the Lieutenant-Governor; and were you present when such paper was executed? — A, I was present when a paper was signeil by Mr. Sullivan for the purpose of Mr. Allan's becoming Senior Councillor in the event alluded to. Q. 3. At whose suggestion was the paper drawn up and signed? — A, Mr. Elmsley's. Q. 4. Into whose hands was the paper, after execution, delivered ? — A. I think it was into Mr. iUlan's hands. Q. 5. Who drew it up? — A. Sir Francis Head drew it up. Q. 6. What was the imderstood purpose of the paper ? — A. That the administration might not devolve upon Mr. Sullivan in case of eidier of tlie above events. Q. 7. What objection was there to Mr. Sullivan's administering the government thus r<*li'rred to ? — //. 1 know of none other than Mr. iVllan had preferable claims from his ago and long standing in society. Mr. Sullivan made no objections when the tiling was sug- gested, but immeiliately said he would acquiesce. Q. 8. Are the Committee to undersUuid that the agreement or paper alluded to was drawn up at the Goverinnent House ? — //. No; it was drawn up in the Executive Council- chamber. We went there to meet the Governor before sworn into office. Schedule of Pati Name Nu. of the Jlin 1 The Hon. am able John 5 D.n., &c. Rev.C.JIaUh 3 Rev. T. Fhilll Kev. A. N. B( Rer.R.H. D' 6 Rev. F. Evans ) is neither under lands of the Hon. t, or was it written pressed in writing, than myself; upon Certainly not. ras not intended to ; might not be said int. if the above events, conld transmit my lyself the office of of any individual :hat is not the act lace you would be r ? — A. Tiie senior with the adminis- e administration of il? — A. I think it f office. lation to the admi- le Province of the cuted ? — A. I was Allan's becoming ilr. Elmsley's. I think it was into he administration government thus aims from his ngc he thing was sug- or alluded to was Executive Council- ON THE SUBJECT OF CANADA. ifoy (P.) UPPER CANADA. Schedule of Patents for Land, constituting Endowments to the Church of England in this Province, that have been completed. No. Name or the Minister. 20 The Hon. and Vener- able John Strachun, D.D., &c. Ref.C. Matthews llev. T. Phillips, d.d. Uev. A. N. Bethune Rev. M. Harris Rev. R. F. Grout Rev. U. H. D'Olier Uev. F. Evans Rev. John Anderson Rev. Wni. Delteriiige Rev. John Miller Uev. H. Patlon Rev. S. Armour Rev. G. Mortimer Rev. \V. Macaulay Uev. R, Ulakey Uev. W. II. Gunning Uev. F. Mack - Rev. J. Coghinn Uev. B. Cronyn Rev. D. Cronyn Rev.V.P.MeycrhofTer (41.) Name of the Parsonage and Situation. >City of Toronto York, E. y. S. - Miniico, in Etobicoke Cobourg Perth Grimsby Peterborough - Woodhouse - Waterloo (Beriie) Woodstock (Blandfurd) Ancaster {Kemplville, Johns- town District Cavan Thornhill (Home Dis>) Picton (Prince Ed. D') Prcscott Elizabeth Town {Wellington Square, Nelaon Port Hope - London (Township) - London (Town) Mirkhnm Land formins the Endowment. Lot. Con. Township. ( 13,0 22 17 } :} 14 2 3&4 W' p' 3 4 } lRge2 j 2,3,&4 J Part 15 4 '5 27 E.12 B. -V 17 4 7 1 11,12, 13, 14 } 6 17 40 15, 16 4 Town Lots ,? } 3 1^ Pan 6 10 } i} 6&7 5&6 2 16 1 5 39,40 5 15, 16 16 : } 17 10 4 \ 10 ; N.J 27 1 N. E. p' blk • D. 18 & 19, and Commons between. - 4 19,20 5 6 10 2 1 4 J Part 9 27 6 t } Part 15 15 16 •^ } 3 York, from the Bay York, E. Yonge-street Etobicoke Hamilton Batlmrst Drummond • Grimsby Smith Monaghan (Park Lots) Peterborough • } Woodhouse Bertie Oxford, West - Do. East - Ancaster Oxford, J" D' - Cavan Vaughan Sophiasburgh • Augusta Elizabeth Town Flambro' East • Hope Do. London Do. - Part of Town Plot of London, on which thel Church of England now stands - - -J 12, 13 9 19 C. 5 9 London (Township) Markhnm Vaughan Number of Acres. 800 200 205 r About 1 400 400 400 About 420 402 400 ]. 400 400 450 00 105 400 450 400 400 36 400 375 H 400 } 400 m '•'t,M Kk T.-«feas.'. 25d DESPATCHES FROM SIR F. Ij. HEAD, Bart., 'It; Schedule of Patents for Land, constituting EinlowmenW to the Church of England, &c. — continued. Vo. Name of the Minister. 23 24 25 26 27 28 29 30 31 32 33 34 35 The Rev. G.O.Stuart Archdeacon Kingston 36 44 Rev. Thomas Creen • Rev. John Cochrane ' Rev. G. Archbold Rev. J. RadclifT Rev. S. Giveos Rov. D. E. Blake Rev. James Clark Rev. J. Short Rev. R. Rolph Rev. Job Deacon Rev. W. Lecming Rev. A. Palmer Name of the Parsonage and Situatiun. Land furiuing the Endowment Lot. No Minister yet ap- \ pointed. J 37 Ditto 38 Ditto 39 Ditto 40 Ditto 41 Ditto 42 Ditto 43 Ditto -{ Ditto ■{ ■{ Kingston Niagara Belleville Coruwall Warwick Napanee Adelaide St. Catherine's Beckwith Auiherstburgh Adolphustown Chi|)pewa - 1 Guelph - J Broken - 1 Thorold - - 1 Louth - - / Fredericksburgh Bath (Midland Djs- r trict) • -X Williamsburgh Richmond (Bathurt f Cqn. Xowiuliip. Blk. C. adjoining Kingston (Town) i Vl, 13 126, 127. 128, 130 \-h 17, i>rt 4 )Q, ^38 } } 3 1 8 } Kingston (Township) Ernest Town Niagara (Township) Thurlow Cornwall (Township). :} A(8- •- Strip of Land between the Town of Cornwall "^ ai .1 '>xe Second Concession of the Township of^ Cornvr''. IS, 'in 15, 16 12 25 e&9 3 17 N.E.^ai W. A 26 SO, 81 21, 25 6, 7, 8 { 6, /> 1 4 1 1 front-street 5&6 1 } 1 North of \ 3d Sireet I South of J J ih Street J District) Clarke Darlington TownofBurrie, District (,Home I 72, 8S, 89, 106 C. Div" A. Res" Lot be."| tween C. and River > Speed 14, 15, Div" A. -J Centre Part of St. George's "> } Square R' 2, 3, 4 3. 4 98, 99, 100, 121 II, 12 12 9, 10. 11 il2 13 1 il4 ] 18, 19 24 17 20, 27 Part 34 25, 31 Six Town Lots 10 28 10 10 11 4 5 2 4 4 5 9 2 2 8 13 14 } Warwick Richmond Adelaide (N'^ Egr' R>i)-) — (South ditto) > - (Village) -J Grantham Beckwith Maiden Adolphustown (Township) — (Town) Stamford Guelph (Township) Guelph (Town) Puslinch Thoreld Louth Fredericksburgh Ernest Town NumUi of Acrcj. :} Williamsburgh Goulborn Fitzroy Clarke . . , — given by S. Wil- ■) mot, Esq. -J Darlington Barrie Innisfil :} m Perciiei 544* 326 400 300 250 400 400 400 400 IS 400 420 Secretary and Registrar's Office, Toronto, 5th February 1836. D. Cameron, Sea & Reg'. No. 45. Rev. Jol niiltoi 46. Rev. Jol 47. Rev. J. ( liamsb ON THE SUBJECT OF CANADA. 259 —continueil. The following Rectories have been endowed since the Receipt of the foregoing Statement. No. 46. 47. 48. 49. 50. 51 52. 53. 54. 5J. 56. NAMES. Rev. John Gamble Geddes, Ha- milton (Gore District). Rev. John Grier, Ameliasburgh Rev. J. G. Beek, Lindsay, Wil- liamsburgh. Rev. Edward J. Boswell, Carle- loD-place. Rev. Mark Burnbani, St. Tho- mas. Rev. A. H. Burwell, Bytown - Rev. James Magratht Toronto • Rev. James Padfield, March - Rev. Robert Lugger, Brantford Rev. Richard Flood, Delaware • Rev. William Johnson, Sand- wich. Parish Ci.urch in Chatham Lot No. 6, in 13th Concession, and lot No. 2, in 1 4th Concession, of East Flam borough :} No. 96 and 102, in the 2d Concession of 1 Ameliasburgh - - -J Part of the centre Commons in l&t and 2d Concession ; Williamsburgb, 37^ acres ; the centre Commons between 18 and 19, in 1st, 3d, and 4th Concession of Matilda, 163 acres; lots No. 19, in 6th Conces- sion, Matilda - - No. 26, in 2d Concession, and No. 2, in 7th "» Concession, of Ramsay - - j Lot 9, in 1st Concession, and 17, in 4lh I Concession, Township of Southwold - J Lot 17 and 18, in 1st Concession on the") Otiawa, in Gloucester - - about J Lot 23, in 2d Concession, and lot 29, in 4th *) Conce8sion,Ea3tHurontarto-street,Chin- > guacousy - - - -J No. 2 and 32, in 4th Concession, on the 1 Kideau, Nepean - - -J No. 3, in 2d Concession, and No. 9, in 3d Concession, of tiurford - - . No. 22, in 1st Range, North of the Long-"» wood Road, and No 16, in 1st Conces- f sion, Carradoc No. 3, East of River an Puce ; front half,'^ No. 1, between River Puce and River I Peche, in Maidstone; and lot 8, broken j front, Tilbury West - - about J Lois 8 and 15, in 1st Concession of Til-^x bury West, and lot 2, between Belle ( River and River Ruscum, in the Town- j ship of Rochester - - about J Acres. 400 400 400J 400 400 400 400 400 400 435 400 400 No. 9. Sir F. B. Head to Lord Glenelt;, 21st April 1836^ Enclosure No. 4. (Appendixi) Schedule of late Endowments of Parsonages and Rectories. RETURN of Property surrendered by certain Clergymen of the Church of England, and others; showing the value of said Property, with the Lands granted in lieu thereof, intended as Endowment. NAMES. ttw. Jemes Coghlan (41.) Part of Lot No. 9, in the I st Con- cession of Hope, 36 acres with messuage or dwelling-house sur- rendered; value 1,060/. 6s. 3d, Kk 2 Received in lieu ; Lot No. 27. 2 Con. Hope 27.8 „ 2. 9 S. 5 9.* 9 E.| 10.5 N- ^ *' V 3 6 and N. part }?■ Cavan - ditto - Emily - Seymour ditto - Acres. 200 20(1 200 100 100 150 70 1,020 260 DESPATCHES FROM SIR F. B. HEAD, Bart., 1 ii No. 9. Sir F. U. Head to Lord Glenelg, 21st April I83G. Enclosure No. 4. (Appendix.) Schedule of lalo Endowments of Parsonages ind Rectories. Retuhn of Property surreiuled by certain Clergymen of tlie Church of En gland— co/Kiniiei N A i\f r. s Acrti. 1^ i\ I'X AJ Ot Received in lieu : Rev. George Mortimer - N. i 27, West side Yongc-street, 14. 3 Con. Puslinch-) in the 1st Concession (if the R. ^16. 3 „ ditto .y 336 Township ufVaiighan, 1 05 acres ; 30. 1 „ ditto -J value 750/. 22.12 „ Innislil. - 27. 6> 200 13.7 ( r 1 2. 8 r " ** 8U0 2(5.8 J ■I 1,336 Rev. Benjamin Cronyn - Part of Lot No. 16, in the 3d Con- cession of London, containing 4 acres and 34 poles, with mes- suage or dwelling-house, out- 12. 21 part 15. 3 31. 3 15. 11 houses, offices, and buildings ; 20.12 > „ London 1,3% value 1,1802. 15. 13 15.15 12. 13. 2. 7. ' 20. 2^ 36. 2 V „ Nissowri 496 31. 3j 1,892 Rev. Francis Ev.ins S. W. 1 of Clergy Reserve, Lot Lots 2") No. 2, in the 3d Concession 50 9 > 7 „-) acres, and the south part of )6j V Walpole 800 No. 1, in the 3d Concession, 38 „J Woodhoiise, 50 acres ; value 600/. Rev. Philip Mayerhoffer - Rear part of Lot No. 17, in the 5th Concession of Marklmni, 70 acres ; value 250/. Lot 19.5 „ Markliam 200 Rear-Admiral Vansittart - A house, two acres, and two lots of 3,690 acres in the township ofBei- land in Klandford, and 26 acres ley. District of Newcastle. in Oxliird, East, vakie 935/., for the Church at Woodstock. CR.) Sir, Government House, 4 April 1836. Letter from I HAVE laid your letter of the 2d instant before the Lieutenant-Governor, and iiave the J. Joseph, Esq. to honour to forward to you, by his Excellency's command, the document therein ajipliwl for. P. Perry, Esq. I think it right to add, for the information of the Committee, that a rejoinder to the Lieutenant-Governor's answer to the Address of the Citizens of Toronto was lel't at the Government-House in a sealed cover, and returned unread to Mr. George llidont, who liail brought up and read to his Excellency the Address ; that gentleman, however, disclaiiiiwl all participation in the Rejoinder, and forwarded it to Mr. Jesse Ketchum, one of the subscribers, I have the honour to be, &c. Peter Perry, Esq., M,P., (signed) J. .Ioseph. Chairman, &c. Rejoinder from Citizens of Toronto to Reply of Lieut.- (jovernor. (S.) Rejoinder to the Reply of the Lieutenant Governor to the Citizens of Toronto, which has this day been laid before His Excellency. May it please your Excellency, Wk thank your Excellency for replying to our Address, " principally from the industrious classra of the city," with as much attention us if it had proceeded from either of the branches of the legislature ; and we are deeply sensible, in receiving your Excellency's reply, of your Excellency's condescension in endeavouring to express yourself in plainer and more homely language, prcsunu'd by your Excellency to be thereby brought down to the lower level of our plainer and more homely understandings. But we beg leave, in justification of those lid — continued. L oroiito, wliicli has ON THE SUBJECT OF CANADA. 261 those classes, to assure your Excclleucy, tliat any comparison wliieli may have passed in voiir Excplli'ucy's iniud bftweon tlicni and tlic more unfortunate anil less favoured in the parisiies of the parent State, is hy no means founded in ti ulli. The inchistrious classes of this city have for many years been seriously impressed with the duty and importance of arqtiiriiii: knowledf^o, for the <;eneral dirtiision of which they have, by their own efforts and attlicirown expense (with the aid of fjeneroiis and piitriotic friends), so far successfully i;;„cii,sui laboured as to be able to appreciate gond writins^ and fair reasoninj^. We desire res{)ect- (A'>pt I'uiiv to inform j-our Excellency, in the plain iiud honu'ly languajre of industrious men, that ' any supposed necessity for tiiis <;i-eat condescension of your Excellency could not iiave lu^ioiiulur exist) (1 in any degree, had not past administrations sadly nejjlected our claims to the (jiiizensn blessings of general education. Lest your Excellency should doubt our sufficient appro- to lU'iily hcnsinu of the matter (though we have practically felt and sull'ered from the evil), we Govcriuir humbly refer your Excellency to the language of our honest and honoured representatives at the opening of the present Session of our Parliament: — " We have also been anxious in past years to make the means of education general and easily available, but it has only lately become known to the legislature that a bountiful j)rovision in lands was made by the Crown about 40 years ago, thoiigh since deteriorated by a recent secret unfavourable exchange for iiilcrior lands. The I'niversity of King's College was grounded on Koyal Charter, sought for and granted in 18'2(!, upon principles so exclusive and sectarian as to render it de- servedly unacceptable to tlu- great body of the people for whose bi'uefit it was professedly intended; ami although the most reasonable modifications were suggested by a series of resolutions in 18'29, yet it is now, for the first time, that your Excellency has been enabled to announce from His Majesty's (lovernment any spceilic proposition respecting it. Nor ought we to fail to notice, that large apjjropriations have been made out of the University fund, not to the district ami township schools, undeservedly neglected, but to sustain Upper Canada College in this city, in which the sons of all the wealthiest families are educated, and which ought, therefore, to be supported without so (luestionable an encroachment on public funds." To this statement we can add, the untiring efforts of our representatives for the sale of the dergy reserves, and the appropriation of their proceeds to the purposes of general education, have hitherto i)roved unavailing; and althoi\,L:,li a philosophical apparatus, purchased out of the taxes gathered from the people in the year 1800, has ever since been unused, mouldering and decaying in a garret in the hospital, yet when the industrious classes, after cleaning and repairing it, lunnl)ly solicited his late Excellency Sir John Colborne for the use of it in their institute, it was peremptorily i-efused. We therefore humbly pray your Excellency, under these mortifying and humiliating cii- cumstances, to accept the above painful fads and extracts from the records of our Par- liament, as an apology for any alleged necessity for your Excellency's gracious condescen- sion in using plainer and more homely language for the level of our understandings. But it is because we have been thus maltreated, neglected, and despised in our educa- tion and interests, under the system of govermneut w Inch has heretofore prevailed, that we are now driven to insist upon a change, which cannot be for the worse. In the further language of our Commons House of Assembly, we can aver that " i/ic uniform experience of ncarli/ hnlf a century has forced the eoueietion, conjinued hy the history of nations, that no richness of soil, or salulirity of climate, no wealth in public la?ids, or industry ami economy among a deserving people, can insure their peace, welfare, and prospirity, without the possession of those suitable iiuititulions which will yield cheap, honest, and responsible yovern- ment." Now, your Excellency is pleased lO answer us, on this occasion, by declaring, that the system of government which has prevailed from the time of Simcoe is the best for us, although it has, by its vices, reduced us to so deplorable a cotulition of grievances, that even your Excellency recognizes it, this day, in the following just aiul sententious language to us: " The yrierance.s of this prorinee must be corrected — impartial justice must be admi- nistered — the people have ashed for it; their Sorereiyn has ordained it; I am here to e.reciite His t/raeious commamls: delay will only increase impatience." Thus is the exigency of our affairs frankly admitted by your Excellency in both the civil and judicial departments; and surely it is the province of wisdom not merely to relieve the present exigency, but to remove the causes which have produced it in the past, and will, if suffered to continue, reproduce it in the future ; for the like causes will ever produce the like effects. However much, therefore, we might connuend the intention of your Excellency to see that " the grievances of this province are redressed, and impartial justice administered," we are deter- mined, by means of institutions better organized and directed, to prevent the recurrence of such wrongs; because it is wiser to prevent evil than to hazard the correction of it after it has arisen, or has, perhaps, become inveterate. No. 9. Sir F. B. Heivd to Lord (denelir. 21st April IS'sr,. f 111 Your Excellency is pK'ased to say, " I am here to execute," &c. ; but your Excellency's rcdeccssors dirougliout the history of this country have made similar professions, yielding, liowever, nothing but bitter disappointment. The issue of the administration of a Gore, a Maitland, and a Colborne, has been eipially disastrous ; each in its commencement holding forth expectations as flattering as those from your Excellency, but t Ajjril l^M. Enclosure Nu. 1. {Apiictidix.) Uijuiiiiier lr.siH)nni bility to the ]K'oplt', tliiy would soon lie too happy to throw it away." UesjK'cting tliese strictures of your Excellency on the purity of their motives (which we deem most patriotic and honourable), we forbear to offer any remark. " Charity thinkcth iio einl." But, eoiifiniiig our views to what can be gathered ft-om the representations of your late Council, we had rather that the power and patronage of the Crown were exercised by your Excellency, after receiving tiie conscientious advic of your sworn advisers, known and acceptable to the people, than by your Excellency's unadvised and arbitrary pleasure; and we think the case rendered even worse by the inter- ference of a Miiiist?r !,000 miles ofl", too distant from the scene of government, and too unacquainted wilii our complicated localities, to form a judgment upon which he ought to decree, or with which tlie people interested ought to be satisfied. What your Excellency is pleased to call " t/u' nuinvw iif the bviu," is constitutionally intended to iKnirish, enrich, and benefit the " industrious classes," and the whole community ; and your Excellency's caixlou. ..ill, no doubt, pardon our reluctance wholly to confide (without the advice of your Council) to your Excellency, as "a stranger lately arrived among us, ignorant even of the plitical differences of the parent state, and avowedly unacquainted with the wants and conditiou of this province." We beg lea\e to assure your Excellency, that the " hune" to which your Excellency alludes, has bi-en in the keeping of successive Governors responsible to the Minister in Downing-street, and at one time it abounded with '■^marrow," and was even the nucleus lor much solid and valuable nutriment, all intended to form a source of national wealth, to be improved, husbanded, and applied for our peace, welfare, and good government. It is widi profound, and, we greatly fear, with unavailing regret, we inlbrrn your Excellency, that while subject to the above custody and responsibility, tlie " bone" had been picked so bare as to leave little besides the "marrow" behind. Under these circumstances, we hope your Excellency will commend the " indnntr'wM dassrs" and others for so far learning wisdom from woeful experience, as no longer to con- fide their best present and future interests, their civil and religious libertiej, and all that endears a man to his country or to the world, to a succession of Governors nominally responsible at Downing-street to a succession of ever-changing Ministers : it is unreasonable to expect it ; we should betray our country to consent to it. We cannot altogether agree with your Excellency, that " the only consolation which should support an honest man in an arduous duty is the reflection that he is ready to atone for every error he commits, and that he is subject to arraignment if he offends." The liighvk'ayman and the pirate might and often have pleaded the same, have ever been ready to make atonement by restitution, and, after "arraignment," expiated their crimes according to law. But a Statesmiin, a Governor, or a King is presumed to be influenced by higher motives and by more exalted principles. The discharge of even an arduous duty cannot and ought not to be satisfactory to us, if performed in an unconstitutional way. In some countries, the end gained, however valuable, might be so tainted by the means as to make it treason. We desire not only to be governed well, but to be governed constitutionally; at the very least, according to the present charter of our liberties. The fear of personal liability to "atonement" or "arraignment" is a very subordinate protection against the abuse of power; wlien the complaint is made against a person, entrenched in autliority and armed with patronage, whose very bre ii confers influence and office, or takes them away, whose liability is to the very Miu ter who is his patron, and is naturally disposed to view even his aberrations with a favourabii' atid excusing eye. On that account, among others, we desire in our government some higher security than a disposition to atone, or a liability to arraignment, in its nature and cuouinstances almost impracticable, and almost always unsuccessful. It is on this account, may it please your Excellency, we desire to see every Governor surrounded by confidential advisers, who, from their local knowledge, can supply with sworn advice, as the surest means of preventing error, or the humiliating necessity of "atonement" or "arraignment" for it. According to Holy Writ, "in a multitude of councillors there is safety;" it is, therefore, natural for us rather to wish to see the management of our affairs by your Excellency with the aid of an acceptable Council, than by your Excellency alone. Your Excellency must take advice upon assuming a new govern- ment in a counti-y in which you are a stranger ; and it has been to us a source of painful mortihcation and disappointment to find diat your Excellency was consulting irresponsible individuals, neitlier possessing nor entitled to political confidence, even to the humiliating exclusion of your sworn advisers, provided by law and selected by yourself. Hence it is that there has scarcely been a single act of your administration satisfactory to the community your Excellency perhaps intended to serve. It is against ourselves and our friends engaged in the common cause of constitutional. government that your Excellency seems to direct the charge of preventing your "rooting (41-) K k 4 up No. !/. Sir F. B. Head to Lord (Jlcnelp, 21st April IKili. Enclosure No. i. (. Appendix. > Rejoinder from Citizens ot'Toroiito to lieply of Lieut. Uovernor. 'J ,1 . ♦ • s 264 DESPATCHES FROM Sill F. B. HEAD, Baut., Sii No. I). V. U. Head to Loni (Jlene)g, 51.-1 April \S'M>. Enclusuro No. !•. (.\p|)cnclix.) Rijoiniler t'loni lip the tree of iibiiso, because they hfivc Imilt and feathered their nests in it.s branches," In thi.s "tree" niiuiy indeed luive "built and feathered their nests;" but heretofore reformers have never been allowed even to nerch upon its branches, repose in its sliade, or partake of its fruit. The ultra tories, win have unlv.'.ppily held your Excellency's ear and confidi'Hce, have enjoyed a complete monopoly ; and it is an historical fact, that our Governors, anion whole country can see what is dmit. We care not how dund) they are out of the Council, if their moutlis are not scaled in it; and the province is allowed to feel and enjoy the manifest fruits of their counsel, wiilout knowledge what it was. The Comicil should be resimnsible for giving good advice, while your Excellency would retain enough of responsibility by deciding upon it. We .should not the better esteem a Judge who refused to listen to an argument before he gave a jutlgnient, or a jury who sealed their ears against the charge of a Judge, in order to manifest their self-sufficiencj' in giving a verdict. The Judge condescends to hear the argiunent of a counsel, the jury listens to the Judge's charge, and your Excellency should, as seems to our " plain and homely" minds, listen on all subjects to the con- scientious advice of the sworn advisers, selected by yourself for their " talents ai.J integrity." We have carefully rend, as your Excellency recommended, the Constitutional Act, and although your Excellency assures us that by it " a House of Assembly and Legislative Council and Lieutenant- Covt-rnor are appointed, but that it creates no Executive Council," yet we read .so clearly, in three several places, almost the very same comprehensive words, vi/. " with the consent of such Executive Council as shall be appointed by His IMajesty, His heirs and successors, within such province, for the allairs thereof," thai we must believe some evil and irresponsible advisers have put into your Excellency'; hand a nuililated copy of oiu' constitution. We cainiot reconcile your piesent declaration with the reply to your late Executive Coimcil, in which your Exce"ency distinctly admits that the most liberal construction which can jiossibiy be put up( that Act amounts to this, " that, fis an Executive Council was evidently intended to exist, the renuiant cf the old ought not to be deemed totally extinct, until its successor was appointed." How- ever, this latent intention of His Majesty to creai" a Council for each of the /(Wc/hi'm ol' his Canadian dominions was soon clearly divulged in a niost important document, commonly called " The Kim/'s hislriicfioiis" in which the Executive Council was regularly constituted and declared as follows : " Whereas We have thought lit that there should be an Executive Council for assisting you, or the Lieutenant-(iovcrnor, or person administering the govern- ment of the said province of Llpjier Canada," * • • • » " and to the end that oiu' said Executive Council may be assisting to you in all offiiin rehiting to uitr sciTiVr, you are to connnunieate to them stich and so many of our instructions, whereiii their mivke is mentioned to lie r((jiii.iite, and likewise all such others from time to time as you shall find convenient for om- service to be imparted to them." It is therefore as plain as law can be written, that the Constitiitionid Act provided forlhe appoimmeni, by His Majesty, of an Executive Council, and that the King has accordingly created such a Council, " to the end that they might be assisting to your ExcelK ncy in iiH alliiirs relating to His Majesty's service." Thi>, Council, so organized, is now as iiuich ii part of our constitution as the great Council of Parliament. The law allows the i)eoiile to elect the House of Asst'inbly, and gives the King the [lower of sununoning whom he pleasts to the Legislative and Executive Councils: all an; alike created or provided fur by this Act, though it does not specify by name the particular individuals to constitute cither ol them. Wi' welcome the concession of your Excellency to the merit of the able and enlightened Simeoe, to who.-e memory we would cheerfully erect a monument. We never said tlia! that justly revered representative of the King either did or coidd alter the law. Hut w .still think that an able ami enlightened man, who assisted in passing the law, amidst all tlu debates upon it, and who was lirst connnissioned to put it into operation amongst us, was of all men f/cst {jualihed to explain that law, and Its intended scope and application. Siimv- his personal knowledge about the lu'.v and lawgiveru, declared that it wis iiitciidi'il With a ON THE SUBJECT OF CANADA. 263 inten;Ied to give us, not fi mutilated constitution, but one " the very image .ind transcript oftiiat of Great Britain." Your Excellency, on the contrary, after the lapse of nearly half a century, iserts, that neither the law nor the lawgivers (of whom Simnoe was one) ever gave or intended to give what Simcoe, in the name of the King, solemnly announced from the throne. In En"land our fellow subjects have a King, with his Executive Council (commonly called liis Privy Council), a House of Lords, and a House of Commons. In this Country wo have corresponding institutions, viz., a representative of the King, with an Executive Council) a Legislative Council, and a House of Assembly. We only aslc that these inslitntions should be put into operation in a manner corresponding to what is practised in EnMand, and, consecpiently, that the Executive Council, under oath, should as fully and freely advise your Excellency on afl'airs here as the I'rivy Council, under oath, advise His most iTDcious Majesty. This is what the Constitutional Act implies; it is whut Simcoe announced ; it is what our liberties require ; and what nothing, widiout our own consent, can lawfully abridge or take away. If your Excellency will not govern us upon these principles you will exercise arbitrary sway, vou will violate our charter, virtually abrogate our law, and juslly forfeit our submission to vour authority. We have the honour to be. Sir, Your Excellency's obedient humble servants, (Signed) Jissi; Kktciilm. TiMornY Paiisons. James H. PiticE. Wm. Lkssi.ie. Jamks LrssLii;. Jous Mills." ANDHKwiMAcCJLAbllEN. E. T. HeNUEKSON. No. 9. Sir F. H. Head to Lord Glenek', 21stA|)iil 1836. Enclosure No. 4. (Appendix.) Rejoinder from Citizens of Toronto to Reply of Lieut.- Govcrnor. Jami's Siiannom. lloiiEiiT Mac Kay. M. MacLellan. John Doel. Jc)UN E. 'I'l.MS. Wm. J. O'GiiADY. (T.) Sir, Front Street, 12th April 1830. Letter from b; ,;:iswe'. to your leUer of this day, in which, after referring to a paragrii[)h in the U.liiddvvin.Esq. to Lieuteuaat-Governor's Reply to the Address from (he Citizens of Toronto, you add, "as I'eter I'errv, Lsq, vnu and your late colleagues are charged with having first enter;'d into an arrangement clearly forewarning you of the extent to which yon would be counselled, and then altos^edier in a body disputing it, I write this comnnmication that you may give any iujtilication of your conduct you may desire." 1 beg to state, that the expressions to which you allude seem to be understood by the Coiniuiltee in a sense nnicli more extensive than couid have been intended by the Lieutenant-Govi'rnor, for though, as stated in my lelttM' to you of the IGth ultimo, his Excellency fiankly avowed his dissent from my viewi of the constitution, so far from his giving me the least reason to sup[)ose that I was never to olfer my advice except wlii'n called upon for it, or that my view of the practit'al administration of the (jovernment inuler the constitution was not again to be recurred to, he himself "suggested, as an inducement to me to acce[)t of a se;;t in the Council, the iwr,7(«'(/ facilities which, by my )dac!' in the ICxeciitive Council, iroiild hr iiffaiili'd Imrurds Ik more i'llic!,:'i/li/ ir/ircsiiitiiii/ iiiiil. iii\/i/ii/ my views, his E\(;el' 'ucy declaring that his (loLi should at all times be open to nie, and that he should be iiappy to list. mi and give his niO'-t serious consideration to muf nii/ijcct. which J might nf. mii/ lime think it iiiiporlant 111 hij/ lirfiire liiin." And indeed the whole tenor of my otticial intercourse with his Excellency was inconsisletit with the presumption that my advice was never to bo given I'xcejit it was asked. Another circumsiance which would seem to show that a sense has bct'n put upon the l.ieiileii,uU-(ioveriU)r's words which tlii'v could scarcely have been intended by lum la bear is tliiU his Kxcelleney alli'ges "that we parted on a point of dry law ;" he could no! 'here- lore intend to impute to ns the breueli ol any agreement, either express or Implied. Attain, his l-Acelleiicy more than on<'e declared that he should not have i)een at all siiiprised had the represeiUation proceeded from me. \\ hereas, had it bi'ci: any breach of a siiiiposed p-.vvious understanding, 1 was as much a party to that understanding as either "I my colleagues, Mr. Dunn or Dr. Uolph, and t)f course e(pially involved in the con'o- i|iiiiiees. Ihi'i, not to multiply reasons, I need only alleucy's woi-(l>, nndersto.id in llii' senso alluihil lo, woldd be wholly ini'on--istent «itli the I'iict. Ii was never underslooing to receive it. I was, however, persuaded by Dr. Kcilj)h ami Mr. Dunn, whom I called to see upon the subject on the JMonday after that, as it could not lie that his Kxcellency intended any thing ilisingonuous by w^, and as the public would no doubt put a liberal conslruction upon the letter, it was better, more particularly as we had been actually sworn in, to let it pass without t'ui'llier difficulty. I must, however, add, that w hen the draft was read over to us by his Kxcelknev, as he ilid not seem (piite satialietl with the wording, it was understood that ho was at liberty to alter its phraseology, retaining of course its h[)irit and substance; and I cerUiiuly attri- buted the (iillereiice be vvei'n llie draft read to us and the note which 1 afterwards received entirely to his Excellency's being unable, from his want of practical acqiiaiittance with political life, fully to comprehend the ditliculties which 1 felt in yielding to his recpiest to join his council, and not to the slightest desire on his part to deviate I'rom the spirit of the understanding. Such was certainly my impression at the time; bin had I supposed it possible that such application of the iniexpected terms in which his Excellency's note was couched as is now attributed to his Excellency could have been intended, 1 should certainly have returned the note, and insisted on -iich a one as 1 had reason to expect, or, if this had been refused, have resigned on that ground alone. Q. J. In what respect do you conceive the draft read to you and the note afterwards sent to dillcr ? — A. The driil't was more explicit as to the luilitlered terms upon which I look office; and although I could not say it contained no declaration of the conhdence his Excellency ■would i)la(;e in our advice when " re(piired," 't was by no means the prominent feature in the dnil't, and I can saii'ly say coidd only have been understood both by myself and my colleagues merely as a general ex[)ression of confidence, an. 1 not as a limitation of the duties expected of us; and 1 feel convinced that his Exrellein'V could have used it lor no other purpose, because he had no reason to suppose tha' wi' could have underslood it in any ouur, and til imagine the eontrary would bt- lo aliribute lo h. ''. written during the negotiation Ix'tweeii his Excellency and the t'oiiiail previously to their taking ollice, and in fact was ]iart ol m negotiation, .ind implies that it contaiiud the conditions of their taking ollice, and tli'il ll"'y look olliee alter the cemniiinieation of that iu)te; is that ihe case, and is that the I rue inl'erence, according to vour understanding? — A, For the facts I refer to my previ'ius an- swers and my letter to Air. I'erry of the Kith nil.; .md as lo ihe inference, it isof coursea matter of opinion; but I cannot for my own part suggi'st any construction ol' the jms.'iiiij'f referred lo consistent witii those facts. (•I. 7. ^Vere any steps lakeii having a tendency to guard against the diviilgemcnt of lie proceedings ill ( '(aincil upcin this inaller ? — A. The out h of ollice was admiinslevcd lo ''"' luider clerks in tli'> ( 'iiiin• .fettered terms upon which we entered into office, lest it should be supposed by the public that in doing so we had compromised the principles which we have heretofore avowed and acted on. To this suggestion his Excellency acceded, and drafted a note to that effect, adding, that, as the phraseology might be improved, he would without delay prepare and transmit it to Mr. Baldwin, who would lend copies to me and Mr. Dunn. We were sworn into office in the afternoon of the following day, and I heard nothing more of this letter (except the uneasiness of Mr. Baldwia at not havir.^ ect'ived it) until 10 o'clock at night, when 1 was in company with Mr, Bald- win, a.^'^ the letter was received. Upon reading it Mr. Baldwin inunediately noticed, as I did myself, the unexpected change, not only in the language, but in the substance of the letter, and Mr. Baldwin woidd have returned it, had 1 not ex[)resse(l my reluctance to question the ingenuousness of the Lieutenant-Governor, and enter upon a discussion whicli mifjlit seriously inlertere v ith the harmony of the Council. Had I supposed that the word "require" could have been intendetl to abridge the great anuinplion of abamloniiig their priiicipKs on taking office, Q. 4. Were any steps taken having a tendency to guard against the divulgeinent of the procecdiiigs in Council upon this matter? — A. The junior clerks were sworn to secrecy, as it bad not before been done, fi. 5, It has been alleged that his Excellency, in his reiily to th ty Corporation, intended to be understood as refi'rring to the late Coiuicil wIh'II he repres ted that the new theory respecting the powi'rs oi'lhe ICxeeutive Council "had been secretly promulgated;" is mm h a cliari;c waiiiuited by the fact? — A, it is wholly unloimiUd as cegarels myself, anil e\ery tliiiiu' wliiih passed between mi' and other members oi' Council satisfies me that it is as «|iially uiifoiuided a» respects them. Dr, Rolph. rii.) lobis Excellency 8ir 1'. B, Head, Kiu^lit (/onnnander of the lloyal llanovii'liin (iiielphic Older, and of ilii> Prussian Military th'der of Merit, Lie iil<'iiiiiil-(li)veriior of the I'roviucu I'll pper Ciuiaihi, \e, ^c, 8;e. May il please yoiu' Excelleni'V, '"c, ihc iindec.-isriiid grand jiiroM, repi(>senting the Heine District at the Spring A-ize Address frnin [i«« bidding, respectfully beg to assure your EMelleiny thai the liberal policy designed to linuiil Jury Id ■ iMUsiii'd, and the palernal stdiciliide manilested by \\U Majesty's (ioveiiiineiit lowards Mciii.-UDVcriu'r. Il,l. '"I'li'd hy lis us the harbingers of our prosperity and liiip[iiiicss, I'l.) i. I ■..' pioviiiLL'. ns eoiuMiunicated lo the Legislature booh after yutir arrival here, have been w.. ri ' V 268 DESPATCHES FROM SIR R B. HEAD, Baut., No. 9. Sir F. B. Head to Lord Glenei^, 2l8t April 1,H36. Enclosu'i (Appen. .1 Address trom Grand Jury to Lieut.-Goveriior. We greatly regret that a system of political excitement liath of late years been or<;.'';ai( j in this province, engcn lering bitter aniinosities in the breasts of those -whose welfare anJ h-^n. pines= i'lpi'riously req'i; -o ihiit tiny should dwell together in amity, and proi'iiciug paiv ■ fci'f' tO) frequently ei (liiiy in breaches of the peace. Wearo well aware that theprevu! n«> i .'ns "vsteni has already produced results unfavourable to the developemer.tof o':r internal resources, and to the introduction among us of the redundant wealth and population of Great Britain ; but the recent expressions of confidence in your Excellency's administration which SVC have heard, and in which we cordially concur, lead us to hope that the people will not long remain blinded to their own ir.terests, but -ill be convinced that the most effectual mocie of serving themselves consists in upholding the constitution, and directing their attention to the improvement of the land we live in, rather than to the consideration of abstract questions of government, and of theoretical changes in our constitution ; changes ill whicli very many well-educated members of the community discover no elements of good, but discern, on the contrary, the seeds of discord and confusion, producing in due season the ilismemberment of this colony from the [)arent State, and the establishment therein of democratic institutions, tnicongenial to the habits and sentiments of its British population. We would have felt a difficulty, particularly as our especial duty is of a judicial character only, in thus expressing our opinions to your Excellency, were we not confident that they are participated in by a numerous body of the freeholders in the district we represent. .T. S. Macaulay (Foreman). 7E. Moodie. William Crookshank. Andrew Mercer. G. W. Thomson, Francis Bovd. John Ellah: Silas Burnliam, Thomas D. Harris. Alexander Burnside. Thomas Cooper. William Campbell. W. Laughton. George Guriiett. George B. Willard. E. O. Gapper. (A true copy.) J. Joseph. Reply of Lieut.' Governnr to GraiKJ Jurv. His Excellency's Reply. Gentlemen, If the iinjjortant object I hav(> in view were to obtain applause, nothing could bo nioi gratifying to my icelings than the approbation of so wcli-educati'd a body of gctitkn.ui as the grand jury of the Home District; but, without oll'ence, I must declare that tlioslrici perforiiianie of my duty requires that I .should neither be stinudalei' by popularity nw deterred by clamour. In maintaining tln' liberties of tin. iiihabitants of this province but little has bei'ii left by om- Sovereign either to my jud..; " >r discretion, and if it be true "that the recent expressions of confidence in my a ;, i.u;: rniion which you have heard, and in which you cordially concur, lead you to hope h ■'. ;!.e people will not long remain blinded to their own interest," this happy eilect has proceeded from no exertions of mire. but simply from my having repelled our enemies by pointing to the Coiif>titutional Act of this province. If that noble charter had not existed there can be no doubt but that the representative of His Majesty woidd have been overcome, and that the inhabitants of Upper Canada would now be mider the ignominious tyranny of ii secret nietropolitiin " Cabinet;" bill your . institution lias proved to be impregnable, and at this momi'nt no people bewail the fact more keenly than tiiose who iiave lately been nearly crushed in their endeavours to undermine it. (A true copy.) J. JOSEFII. ON Tlir, SUBJECT OF CANADA. 269 No. 10. (Nn. i28.) CorY of a Despatch from Sir F. B. Head, k.c.h , to Lord Glenelg. My Lord, Toronto, U. Canada, 27th April 1836. I HAVE the Honour to transmit to you a Copy of a Letter wliich Mr. Papineau, Speaker of the Assembly of tlic Lower Province, has addressed to Mr. IJidwell, Speaker of the House rf Assembly of Upper Canada. I conceive that the traitorous and revolutionary Language it contains, as well as the insulting Terms in which it speaks of your Lordshij), need no Comment ; but I will only observe, that although the Letter is dated ^Oth of March, it was detained by Mr. Bidwell until a few Hours before I prorogued the Legislature, and then by him laid before the House of Assembly of this Province. I take this Opportunity of mentioning to your Lordship, that the House of Assembly lately aj)pointed Three Commissioners to meet Mr. Papineau and other 'i'wo Commissioners from the Lower Province ; and that the Luli- vidiials named for this iniconstitutional Object were Mr. Speaker Bidwell, Mr. Perry, the Chairman of the Connnittee, to whom was referred my Cor- respondence with the Executive Council (a Gentleman who has lately uttered most violent Language against me, as well as against the British Government), and Mr. Dunn, His Majesty's Receiver (Jeneral of this Province, and late Member of my Executive Council. This Arrangement being published in the Newspapers, I felt it mv Duty to send for Mr. Dunn, and haying informed that (Jentleman that I considered it necessary he should at once write me a Note that I might publish, L at his Request, wrote him a Memoranthnn of what I deemed it necessary he should say ; namely, that he had been ap[)ointeil without his Consent, and did not intend to act. I enclose to your Lordship Mr. Dunn's Letter, which I do not consider at 1/ all satisfactory, as he seems to assert that by his Appointment the Assembly LV "iiave coiifirrcd an Ilunour u])on him." [^•y When i wrote to your Lordshi)) a Letter, " private and coniidential," in wliich I begged your Lordship not to dismiss Mr. Dunn, Mr. IVLuklauil, and Mr. Robinson from their Offices, on account of the serious Embarrassment they had caused to His Majesty's Government in this Province, I informed these Gentlemen that I had done so, but told tiieni frankly, fliat if the slightest fiu'tlicr Attempts were made b}- them, either latently or avoweilly, to end)arrass mc, by espousing the revolutionary Party which was opposed to me, I should feel it my Duty to retract the Request I had made to your Lordsiiip ; and as I certainly do consider Mr. Dunn's Appointment to meet Mr. Papineau in that Light, and as I am not satisfied with his Letter to me on the Subject, I feel it my Duty to retract the Request which I made to your Lordship. 1 have the Honour, &c. The Right Hon. Lord Glenelg, (Signed) F. B. Head. kc, Sic. Sic. N". 10. Sir F. y. Htad. to Lord Glenelg', ^/th April lii36. !^" ''''III JiMiiilii^^illHBff ^i I ( )\ >f'\ii mi First EncU)sure in No. 10. Mr. Speaker Papineau to Mr. Speaker Bidwell. Sir, Home of Assembly, Quebec, lailiMiirci: 18.'}(!. In the Exposition of the FJer'^ and Nature of the Reforms demanded by the People of this Pro\ince, and m the Resolidions of their Representatives, which I transmit to you l)y Ord t of the House of Assembly, we hope a i'roof will he found of the Earne.itM'ss \vitli which we are cndeavouruig to secure Ihe Estal)li;,hmcnt and Recognition »/' the political Rights of our Colonial Fellow Suliiccts as well as of our own. To whatever Extent tie Blesiiir. of a just, cheap, and responsible System of Governnu 111 aic obtained bv us, to that Extent and Aiuoiuit will the People (41.) L 1 3 of Enclosure No. I. 270 DESPATCHES FROM SF' F. B. HEAD, Baut., No. 10. Sir F. B. Head to Lord Gletii Is,', 27th April 1636. Enclosure No. 1. -•t^' of the other .Hritish North American Colonies also participate in the same Blessings. They cannot but readily inidcrstand how various and how grinding are tlie Abuses which distract this Province, when tliey are told that for many long and painful Years the People have directly by Petitions, or through their Repre- sentatives, in Terms of no connnon I']nij)hasis, and by Majorities so overwelniinc that one might say, witiiout Impropriety, unanimously impugned the Admiiiis. tration of Affairs in every Department of tlie public Service. They have demanded the Adoption of Measures alone adequate to the Cure of the various Abuses which have sprung from imperfect Institutions, acknowledged by a Committee of the House of Commons so far back as 1828 to have beea viciously administered. So late as the Year 1835 it was admitted, both in the House of Commons and in the House of Lords, on the Ministerial as well as on the ()])position benches, by Mqu the most ojjpositc in their Opinions on every Question of domestic or European Policy, with a Concert which could arise from no other Cause than the clearest Evidence of the Fact, that nothing efticient had as yet been done in Canada to remedy acknowledged Abuses — Abuses denounced by this House, denounced by His Majesty's Government, repeatedly denounced by Conunittees of the House of Commons, which enjoined responsible Ministers to see tiiat they should cease. Tiiese Ministers we ini}>cach as being unwilling to effect the good Work of Peace and Conciliation when charged so to do. We impeach them for their Instructions of tile l/th July 1S.J,5, devised with a view to impose a Govern- ment upon us wliich will be more irresjjoiisible than it has ever been in Time past ; iuore prodigal of our Lands and Taxes, wliich constitute the connnon Timd ; more o])prcssive iiy the Number of its Agents, and their excessive Emoiuments, out of all just I'lOjiortion to the Value of the Services rendered; and more servile on account of its most direct l)c})endence on Downing .Street, where they never understand, — where they are unwilling to understiuid, — that the State i'l' Soc'ety all over Coiitinenial America re(|uires that the Forms of its Government sl.f iild apjiroximate nearer to that s*.iected under propitious Cir- cumstances, atiil aiur iii "ture Consideration, by the wise Statesmen of the neiglibourii)''; Union, than to those into whicii Chance and past Ages have moulded Euro])eaii Societies. We crave your Attentiim to the Contradictions manifested in these Instructions of the Colonial Minister abo^ e ailuiied to. They first theoretically ackiio\vIedj;e a few protecting Axioms of jiublic Colonial Law, the salutary Operations of which they jiractically ob'^^lruct, and then fritter them down to Insignificance by Niceties and hy])othetical extreme Cases, wiiich the Minister creates to justify the Exceptions he chooses to make to their Application. Thus the Minister of the Day admits that Parliamentaiy Legislation on the part of Great IJritain on any exclusively internal Subject in any Pritish Colony possessing a Repre.-.i.i;tat:ve Assembly, is, as a general Rule, unconstitutional; yet by Canada Trade Acts, Tenures Acts, Snuii^gled American Land Company Acts, thisgcri : :'l liide h.io been repeateiUy grossly violateil. IJy tlie first oi tlio^e Acts, tenipoi.iry Taxes inioosed during the late War, for the Diuation of ;h;it. A\'ar and no Kiigei,as a nieans of aidir.g (ireal Prilain to ])reservi'a Ucstiii;;- place on this Continent lia\. been ungratefully ami op|)res.si\t'ly ievi\e(i and made jiermanent by the l;np lial Parliament. It is true that the Government of Upjier ("auada imluccd a bribed or unwary Parliament to |)eliti()n fir the Revival and ( I'liliiuianc!' of those Taxes ; but a Iri'aclRTous GoviTiior of this Province withheld fi-ou' this Assembly the Information of this Fact transiniltnl to him tol.i' conumuiicau'd to (he Representatives of the People of this Colony. For Years the Assemblies of both the Cauadas have been endeavouring to settle this impo. taut (^'iiestion ; but tin- useful Rills to ])ro\ide lor the Aijpointnu'iil^ of Commissioners have until now been rejected by the Legislative Councils of the one or the other of these Provinces in turn. Hy the other Imperial Acts, Properly aU'ecli'd in its Inciilents ami Condition^ of Possession aiul Iraiisinissiou has been rendered insecure. An odious Mono- poly which retards tlu' Settlement of the Country has been created ; the Aihnuiis- tratioii of Justice has been impeded by an Attempt to introduce a Scioiid System of l^aws, in a Country v, here Com Is are constituted, ami Judges com- missioned and .sworn to administer a different System of Laws. ^ Of this Province ART., ON THE SUBJECT OF CANADA. 271 ate in the same grinding are the ir many long and igh their Repre- i so overwelming, led the Admini's. ce. Tl-cy have re of the various lowledgcd by a !8 to have been litted, both in the rial as well as on [)inions on every iiicli could arise ct, that nothing wledgcd Abuses y's Government, 3, which enjoined le good Work of h tlicni for their niposc a Govurn- er been in Time lite tlic coniinon i their excessive rvices rendered ; Downing Street, rstiuid, — tliat the the Forms of its r j)ro))itious Cir- atesr.ien of the past Ages have lesc Instructions diy acknowIecW •y Operations of Insignificance by creates to justify Jgislation on the y British Colony mconstitutioual; 1 Lantl Company tiic lirst of the.-u Duration of '.hat servi' a llosiinn- I'ly revived and llie (iovernnieiit pi'thion fi)r the iuvernor of this [•act transmitted of this Colony, voiiring tuscttk' e A|)pointini'iits iti\ e Coiniciib of nid Condition:) n oilioMs Mdiio- I ; tiic Admniis- 11(1 1 ICC a iSecotid lid .Iiidges com- Of Of this unconstitutional Parliamentary Legislation on the Part of Great Britain on Subjects of an exclusively internal Nature, in a Britisl'. Colony possessing a Representative Assembly, this House has repeatedly but hitherto ineffectually complained. Were we to resign ourselves to a degrading System of Servitude, do you hop' , do you believe, that the Ministerial Policy which would degrade us would consent to concede to you an ennobling System of Freedom to that Extent you deserve, under which the rapid and easy Expansion of tiie moral, intellectual, and indus- trial Capacities of the robust and rapidly accumulating Population in the several Provinces would soon reveal how vast are their combined Strength and Resources when no sinister and baneful Influence is busy sowing Dissensions, or exciting hy Misrepresentations hurtful Prejudices amongst those who have so many great and connnon Interests. If Alisruie went on unchecked in any of these neighbouring Colonies witlioiit exciting our Sympathy, your Ills would soon hccoine our Ills, and ours would reach you in turn, li', however, you are free from improper and unconstitutional Parliamentary L(!gisIation, we rejoice that snch is your ha])picr Lot. If you have to complain of I^viis similar to ours, or of iniy other Evils, all constitutional Means in the Power of the People of this Province would readily be resorted to to aid you in their Removal, Such good Offices it is the Duty of every Colony to tc.ider and to accept in turn. Tlic present Colonial Minister, who is tiircetl to acknowledge tiie correct Axiom that British Colonies ])ossessing a Rei)reseiitative Assembly are of right freed from the Legislation of the Im])erial Parliament, is so attaciied to the Privileges enjoyed by iiis Predecessors in Office, of mis-governing these distant Possessions, tliat he hesitates not to lay bare (in his Instnictions to Sir Francis Head) in all its naked Delbrinity the Colonial System as it is understood and expounded in Downing Street. The Inferences which are manifestly to be deduced from these encroaching Instnictions are, that in the most minute Details every thing, thougli of an exclusively internal \atiire in British Colonies having Rejjresen- tiitivo Assemblies, must be carefully ki'])t inuler the Patronage, Direction, and official Legislation of the Colonial Otiiee. The Remonstrances of near a Million of People in the Canadas, constitutionally expressed by their Representatives, distill!) too much the set Doctrines and Practices traditionally transmitted from Tories to AVhigs, from Lord North to Lord CJleiielg, to expect the Concession of any remedial Measures which the Sufferers claim. Tiie People of the Canadas, labouring under the acciinuilating Wrongs pro- ceeding liom an Act of Parliament, unite as one Man in demanding that that Act be ainendeil in siich of its Provisions as relate to their Legislative Coun- cils, which they denounce as the Cause and Mainspring of all tiie lleartburnings, Distractions, and Sufferings in these Provinces. Tiie Colonial Minister, Four tliousand Miles distant fioin the Scene of our Sufferings, anil naturally unable, from the Multiplicity of his Avocations, to become acipiainted with the Extent of our A\'rongs, arrogantly tells the Assemblies that have declared that all remedial Measures short of rendering the Seats in the Legislative Councils dependant on popular Election, will l)e fiitile and iinsatisfiietoiy — that "the " King is most unwilling to admit as open to Debate the Question, whether " One of the vital Principles of the Provincial (iovernment shall undergo " Alteration." Tiiese deceittiil Agents, the Royal Commissioners to whom those liistructiinis were aildressed, told this Asst'iniily, on tlie other hand, that tliey are not precluded from entering on an Iiupiiiy on this grave Suliject. Instead of freely eoinniiinieating those Instructions to the Legislature of this I'i'oviiiee on its being comeiu'd, on whose Determinations tiiey would not but iiave had great Inliuenee, the Royal Commissioners careliiliy withheld these histnictions, and it was not until afler nearly Four Months Session that the Hepivseiitatives of this Province by i-hanee learned the suppressed Truths fi'om tlie Newspapers of the D;.y, and thus for Months ha\e Me been iintairly ni'prived of all j\Ieans of proti'sting and remonstrating at an early Seast/ii "f^iiiiist the tyrannical Tendencies of these Downing Street Desjiatehes— ^fiaiiist the gross Errors of Fact which ihey contain — against the untenable Assumption Kiat the ('oimcils created by the' Act of 17!)l iiave any Analogies eitlier with tlie aristrocratieal Institutions of (ireat Britain and Ireland, or with 'hp Councils of other ISritish Colonies — and against the lieinoiisness of tUe '•induct of this pretended Liberal Minister, who easts off and derides the No. 10. Sir F. B. Head to Lord Glenel);, 27ih April 1836. Enclosure No. I. I'lophelie M'ariiiiigs of Charles .hiines (H.) L i Fox, of the Aliscrics tiiat Mr. Pitt's i. pseuilo- tS 272 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 10. Sir F. B. Head to Lord Ulenelg, 27th April 183C. Enclosure No. 1. pscudo-aristrocratical Councils were to entail on these Colonies ; and were it not that this base Dissembling had tluis lulled us into false Security, our Complaints would, ere now, have been before the Imperial Parliament. The Act of 1791 was Part and Parcel of the now repudiated Policy of Mr. Pitt, to build up an Aristocracy in this Hemisphere, and to strengthen its Power. The Population of these Northern Colonies has ([uintupled since the passing of that Act. The Soil of America repudiates a ])ri\ileged Aristocracy; yet the Sages who have our Destinies entrusted to their Care tell us, tliat " they " will not close the Avenue to an Incpiiry respecting which for the present " they perceive no reasonable (Jround of Doubt ; but they may possibly " take into their Consideration at some future Time the best Means to discard " the A'iews of a Million of Peoi)le who ask for Elective Couiiciis, who desire " to see nothing rationally to envy in the Institutions of their Neighbours, and " who have a Kight to claim, if they see fit, ami who would beneficially enjoy " as much of i)olitical Freedom, as was the Lot of the most favoured of tlie " British Subjects tcitliin the Liinii.'-: uj Colonies founded h>] GJjiirten of " Incorporation." These Sages tell us, moreover, that if, contrary to their Forebodings, tiiey are driven by our Importimities to propose Amendments to the Statute of 31st Geo. 3. Chap. 81., it would not be in accordance with the \'ie\vs and '\\'ishes of the livinis Generation, o])pressed by its Enactments, but in accordance with the Views of its bribed and jiensioned and long-sinccurcd Framers. To ]\Ienaces such as these we can only reply, that we \alue too highly a Representative Form of (Government to sanction any Attempt to infringe our Constitutional Rights ; and such violent Attacks on those Rights could not but excite Feelings ruinous to the Interests of the Parent State on this Continent. For a long Number of Years the Government of this Province and its Oflicers have been in continued Minorities in the House of As.;embly. Their blind (Jbstinacy to the same oppressive and illiberal Policy brought at last the Administration into sucii thorough Contempt, and so disgusted the ^lass of the Peo|)le and their llci)resentatives, that these, on the 21st February IS.'jl', resolved, "Tiiat tlie public Functionaries of the Colony are com- " bined as a Faction, antl induced by Interest alone to contend for the Sujjport " of a corru;)! Government, inimical to the lliglits and opposed to the "Wishes of " the People :"' and had recourse further to the extreme though constitutional Remedy of withholding the Supplies until the numerous (irievances detailed in the Ninety-two Resolutions, then adopted, should be redressed, and the Remedies demanded to prevent their Recurrence be granted. The tiien Ciovernor in Chiefi in an angry and unparliamentary Speech, 'vith which he closed the Session of 1834, endeavoiu'ed, but in vain, to throw a Cens'u-e and create Odium on these deliberate Opinions of the House of Assembly i)f this Province, asserting groundlessly that the Sentiments of the Constituency did not resj)ond to the solemn Declarations of their Repre- sentatives, and that the People were atlaciied to the Government as it was constituted and administereil. General Flections soon f()llowed, and the Result was, that not a single Caiulidate connected by OlHce to the Provhicial Govern- ment could secure a Seat, wliiUt tho-.e who were returned have repeatedly declared their Adlierence to the Primiples avowed in those Resolutions, in a Proijortion of Eighty out of Eighty-eight Members, the tldl Number of iho Rej)resentati'ies. Instead of grapi)ling with Evils of such a oMagnitude and old standing as those against which we complain. Ford (ilenelg has thrown together raw and undigested Ideas, as to the Means of checking some of tiie minor Ahiises, Policy siicli as this migiit be considered a disingenuous Etli^rt to npiu)hl by mihl Palliations the SysU'm which gi'uerates these and greater Abuses, but, on the other hand, open anil violent Attacks a.re directed, in tluKsc menacing Instructions, against the most necessary anil just Rules by which free-born Rritish Colonists have striven to protect themselves against improper Inter- ference on the J'art of medtlliiig Colonial Ministers. With this View impor- tunate Solicitations are renewed to obtain Ajjpropriations fl)r 'J en Ye.ns, under till' I'lea that Lower Canada woulil thus be more connected with the olhor Members of the British Empire. ^ We ies ; and were it se Security, our 'liament. iliated Policy of to strengthen h itii))led since the i;ed Aristocracy ; !l lis, iliat " they I for tile present cy may j)ossibly Means to discard uicils, who desire Ncigl'bours, and beneticialiy enjoy favoured of the l)j/ CJuirtcrs of 'orebodings, they () tlie Statute of li the Views and ctments, but in id long-siiiecurcd lat we value too any Attempt to s on those Rights ; I'arent State on Province ami its is.iembly. Their brought at last sgiistcd the ^lass e 21st rebriuiry oloiiy are com- 1 for the Sii))poit to the ^Vislles of gli constitutioiml '\aiices detailed ressed, and the ary Speech, •vitli aiii, to throw a the House of 'iitiinents of tlie of their Repic- imeiit as it was and the Uesiilt Dviiicial (iovern- ha\e rejieatcdly llcsolutions, in Number of the old sUuiding as u together raw iniiior Ainises, 1 1 to upiiold b) ■V .vbuses. 13ut, Hn^^e menacing \vlii''h free-born iin])roper Inter- his View iiiipor- "cii Years, under I with the oilier ON THE SUBJECT OF CANADA, 273 We, on the contrary, consider, tliat were we to succumb in tliis Assault against the Policy that generally prevails in the 'Jo'onies, which was wisely adopted to protect Colonists against the naturai and habitual Partiality of Do^vning Street in favour of its Nominees, the calamitous Concession would separate us from and exhibit us in a most unenviable Comparison witii most UL our Sister Colonies ; that the Precedent which we would establish would expose many Colonies hitherto in a great Measure free from the evil-working System, to be assailed by the same Demands, Sophistries, or Menaces to which we liave been unfairly exposed for the last Fifteen Years, during the protracted Controversies and Discussions on the Financial Question arising out of the Pretensions of the Colonial Ministers. The Attempt to create Classes and Distinctions among Public Officers, (some of whom would be absolutely uncontrolled in whatever Excesses they might run for their Salaries, and others submitted to animal Discussions,) is so shallow and preposterous a Scheme to consolidate the present vicious System that it scarcely i-equires Refutation. Lord Glenelg seems not to understand that however great is the Rank, Station, and Importance of a Colonial Minister, ami of all other Ministers of His Majest}% His Crown' Officers and Legal Advisers, they hold their large Emoluments of Office by a more ])recarious Tenure than Colonial Officers subject to the annual Vote of the Assemblies. In order that Responsibility should attach to the Acts of the highest Officers of State, the Rritish Con- stitution, in Principle and Practice, has wisely entrusted to the Representative Branch of the Legislature the Power of the Purse, to use it as they think right and jiropcr. T'he Commons have established their llight to interfere as well in Matters of State as Legislation, by reserving to themselves suffi- cient large annual Approjiiiations to enforce on the most imwilling Govern- ment Obedience to its Recommendations. They, moreover, have secured the Responsibility of the highest Functionaries, by the Establishment of a proper Tribunal to bring to the most condign Punishment, yea, even to the Forfeiture of Life, any of those, who in the Discharge of their official Duties had become the Oppressors of the People. Although the Civil List lie granted for the Ivife of the King, all the Officers connected, witb the Exccj)tion of a few of the Officers of the Household attached to the Royal Person, are, to use the improper Exjircssions of Lord Glenelg, daily Beggars, not on the King's good Will, but on the Commons, whose Wishes call them to Office, or turn them out of Office, in some Cases after a few Days, in others after Years of Service, but in every Instiuice on a Lease revocable at Will. In giving Despatches for the Direction of a Govern- ment to Upper Canada, when a jiermaneiit Apjjrojiriation was procured by Mi' representation and Surprise, and when the utmost Discontent and Indigna- tion have existed as well against the Government, and that Assembly wliicli iiad surrendered its Power and just Influence, and thus betrayed the Rights of its Constituents, how can Lord Glenelg pretend that an Appropriation for a long Period would produce Contentinent in Lower Canada, where the Demand has for Fifteen Years been invariably rv.sistcd ? In many other Rcsjiects migiit these Instructions be commented on to prove a deep-laid Plot, and a wicked Determination among those who penned them, not to consent to any rational Reforms in the Colonies, in opposition to the blind Prejudices anil routine Rusiness of Downing Street; but this hurried Commentary in the midst of the Fatigues attendant on a lengthened Session will, I hope, suffice. Elected and solemnly pledged to procure a Redress of the Grievances under wliich the People of this Province sufler, and to carry out the Priiicijiles laid down in the Resoluliuns transmitted herewith, the practical Operations of which can alone prevent a Recurrence of these Evils, we have been assailed :iiul denounced by the iMiemies of a responsible I'orm of Cjoverumeiit. Tiiose interested in the Continuance of the present System of Misrule have been actively engaged in misrepresenting our Views, in the Hope of sowing Division and Animiisity among the People of these Colonies, and by those crushing therein the Cause of Reform. No. 10. Sir F. B. Head to Lord (ilenelj;, 27ih April 1830. Enclosure No. I. , . i i' M cans (il.) ;M m In 274 DESPATCHES FROM SIR 1'. B. HEAD, Baiit., N9. 10. Sir F. B. Head to Lord Glenclg, 27th April 18:i6. Enclosure No. 1. In Defence of Principles whicli arc dear to the Mass of the Inliahitants of British North America, we hesitate not to ])ubUsh them to the World, satisfied tliat our Views need only to he known to be respected. In the Position wliich tliis Province has long taken in Defence of Colonial Rights, she has acted from no factious Opposition, nor from any local Prejudices; all she requires is direct Responsibility to her People in the several Dci)artincnts of the State, and Economy m her Government. Should she succenl in obtain- ing these, there catmot be a Doubt but the People of the other British Provinces must obtiun the same Extent of political Power and Liberty. In the Hope, Sir, that the Assembly of wh'-'^ yon are the Organ wpj co-operate with the Representatives of this Pro»incc in procuring a hotter Colonial System of Government for all, I beg to assure you of the Readiness witli which the Assembly of Lower Canada will use all constitutional Means in its Power to advance the mutual Interests of the British North American Colonies. I have the Honour, &c. To M. S. Bidwell, Speaker of the House of Assembly of Upper Canada. (Signed) L. J. Papinf.au, S. H. A. Enclosure No. 2. Second Enclosure in No. 10. ~~~ Sir, Toronto, 8th April 1836. The Bill alluded to by His Excellency this Morning is not a new one, but the Renewal of a .similar Bill which has j)assed the Assembly for several Sessions, I believe, in the same Shape, and for the same Purposes. My Name was inserted therein without my Knowledge or Consent, and however much I may desire to assi.*t in any Measure to promote and facilitate any Object of common Interest and Improvement to both Provinces, I should feel unwilling to act as Connnissioner, seeing others in the Province much more competent on so imj)ortant a Matter ; and having already as much Duty to perform for the Public as I can very well execute, independent of which, I of course could not accept the Honour conferred upon me by the Assembly ii'ilcs? by the Leave and Approbation of His Excellency the Lieutenant Governor. John Joseph, Esq., Civil Secretary, &c. &c. &c. I have the Honour, &c. (Signed) John H. Dunn. Sir, Government House, 11th April 1836. I have laid your Letter of the 8th Instant before the Lieutenant (jovcrnor, and am connnanded by His Excellency to inform you, that he will feel it his Duty to transmit it to Lord Gleiielg for his Lordship's Information. I have the Honour, &c. The Hon. Jolm Henry Dunn, (Signed) J. Joseph. Receiver General. Enclosure No. 3. — — Sir, Third Enclosure in No. 10. --, _ Toronto, 12tli April 1836. As my Communication of tiie Sth Instant is to be forwarded lor the Infor- mation of Lord Gleiielg, I beg Leave iiirther to add, that I was not aware of any such Hill having passed the Asseirbly, directly or indirectly, till I ohsonx'd it mentioned in one of tiie Newspapersi and am to ihis Moment ignorant ot ON THE SUBJEC:" OF CANADA. 275 the Provisions of tlic Act, unless, as I prosiuTic it to be similar to former Bills, appointiiifj; Commissioners ton.cet Commissioners on tlie Part of Lower Canada. I imist confess tiiat the only Subject in wliicii I feel a lively Interest connected with the Measure, is the Improvement and Continuation of one of tiie most important Works in which this Province could be engaged, \ i/. the Navigation of the River St. Lawrence. I have ah ays felt a sincere Desire for the Improve- ment of Upper Canada, and I think that it uill be admitted by the Province, that both my Time and Means, which I could ill spare, have been employed to promote Improvement, and this I imagine may have induced the Assembly to select nie as Conunissioner. I have, &c. (Signed) John H. Dunn. No. 10. Sir F. B. Head to Lord Glenclg, 27th April 1836. Enclosure No. 3. HN H. Dunn. No. 11. (No. 29.) Coi'Y of a Despatch from Sir F. B. Head, k.c.h., to Lord Glenelg. My Lord, Toronto, 28th April 1836. I HAVE the Honour to enclose to your Lordship a Copy of the Minutes of the Executive Council, by which it will appear that in withholding Assent to the Money Bills, and in declining to grant the Contingencies of the House of Assembly, I acted with the Advice of my Council. One of my Reasons for not granting the Cortingencies was the Knowledge that a large Sum would be granted out of them l)y the Assembly to send an Agent to England, which 1 have good Reason for knowing they had determined to do. I have just learned that INIr. Robert Baldwin, one of the late Executive Council, leaves Toronto this Day t()r Loudon. It is stated that he goes there for tiie Recovery of his Health ; but it is acknowledged by his Party that he will he prepared to answer any Questions which the Government may feel disposed to put to him. Tlie System of sending Agents from the British North American Colonies, and tiieir being received by the Government, is one which I feel confident your Lordshij) will discountenance. The House of Assembly, or the Legislative Council, or the Executive Council, or any Individual in the Colony, have a constitutional Mode of making Accusa- tions against the Governor, to which Accusations he also has a constitutional Opportunity to reply. Should this not be deemed suificient, and should the novel Course of receiving Agents be adopted, then I submit that in common Justice the Party complaining should appoint one Agent, an ' the Party com- plained of another, but that one should not be heard without the other. The liiconveuience of such a System nuist be so apparent, that I feel confident your Lordship will not aj)pro\e of it. The mere Fact of its being su])posed that the revolutionary Party have an Atreiit at Home, who is successfully luulermining the Character and luHueucc of the Lieuteuaut Cioveruor, will give great Importance in this Country to Mr. Baldwin's Residence in London ; ami I therefore hope, that should he directly or indirectly comnuiuicate with the Colonial OfHce, that your Lordship will n'ivo him that Style of Answer, a Copy of which, transmitted to me, and published in this Country, woukl at once put an eiul to these Sort of left-handed Attacks upon the Constitution. I have the Honour, &c. The Right Hon. Lord Glenelg, (Signed) i'. R. Head, &c. &c. &c. No. 1 1. Sir F. B. Head to Lord Glenelg, 28Ui April 1836. (U.) Mm 2 IMAGE EVALUATION TEST TARGET (MT-S) A i// ^ .^: A ^C3 1.0 Iiil2.8 ■ 50 ^^ u 1. ,. WUi. I.I 1.25 1 1.4 1 2.5 12.2 I: I 2.0 i I 1.6 - 6" V] V^ ^;. i$1 >!^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ \ .^\^ <> [v ^.■^ -<^.1^ '<6 V.x \ CS \ A- 276 DESPATCHES FROM SIR F. B. HEAD, Baiit., No. 11. Sir F. D. Head to Lord Glenclg, 28th April 1836. Enclosure No. 1. Enclosure in No. 11. In Council, 20th April 183G. His Excellency the Lieutenant Governor, having ordered the Council to be specially summoned to meet this Day at One o'Clock v. m., came down, and laid before them divers Bills which had passed the Two Houses of the Legislati;re, and which had been sent up to His Excellency for the Royal Assent. His Excellency stated, that no Supply Bill for the Purpose of enabling His Excellency to administer the Government has ])assed the House of Assembly; and that from the apparent Disposition of the House, it was not probable tliat any such would be passed. Several Bills for the Appropriation of Monies for divers Purposes throughout tlie Province, a great Part of which was to be expended by Commissioners appointed by tlie House of Assembly, appearing amongst the above Bills, as passed by the Two Houses, His Excellency stated, that in his View the House of Assembly ought not to be permitted to ap})ropriate public Money for such Purposes as they may choose, leii\ ing the ordinary Supplies unjjrovided for. That such a Course would, in all Probability, ])roduce wanton Repetitions of the same Measures on the Part of the House, and leave the Government utterly defenceless ; and His Excellency expressed his Opinion, that therefore tlie Money Bills which had passed the Two Houses of the Legislature ought not to receive the Royal Assent, but should be reserved for the Consideration of His Majesty's Government : His Excellency nevertlieless desired the Opinion of the Council thereupon. Upon which, the Council were unanimously of opinion, that the Course proposed by His Excellency was the best that, under the Circumstances, could be adopted, and that the Refusal of the House to grant to His Majesty the ordinary Su|)plies implied such a Want of Confidence in the Government, and so strong a Desire to impeile its Administration, that His Excellency was fully justified in preventing all Outlay of the public Monies, until such nuituai Harmony could be restored between the House of Assembly and the Government, as would enable both to exercise their respective Eunctions for the public Benefit. His Excellency also desired the Advice of the Council on the following Points : 1st. In case a Bill covering the Advance made on the Addresses of the House of Assembly for the last Session should not pass, and should the House address His Excellency to desire a further Advance for the con- tingent Expenses of this Session, would the Council recommend His Excellency to accede to the Recpiest of the House ? Upon whicii, the Council were of o])inion that, in such Case, His Excellency should refuse to make any further Advance. 2d. In case such Bill should pass, and His Excellency be required to make an Advance, on the Address of the House, and their Promise to make the same good ? On this Point the Council were of opinion, that the Want of Confidence in the Govennnent, implied by a Refusal of the House to grant the ordinary Supplies, forbids His Excellency to repose in that Body the Disposal of public Money, without the same should be authorized by Act of Parliument. (Signed) R. B. Sullivan, P. C. ON THE SUBJECT OF CANADA. No. 12. 277 (No. 30.) Copy of a Despatch from Sir F. B. Head, k.c.ii., to Lord Glenelg. My Lord, Upper Canada, Toronto, -ttli May l^fSG. I HAVE the Honour to forward for your Lordslii])'.s Information Six loyal Addresses which have been presented to mc since I transmitted my Despatch No. SG., of the 21st ultimo, in which I enclosed those wliich had been received up to that Date. I have the Ilono bo, &c. (Signed) F. B. Head. No. 12. Sir F. B. Head to Lord Glenelg, 4 th May 1836. Enclosuret. (A.) Sir, Tcnh, 22d April 1836. Herewith I have the Honour to transmit an Address from the Magistrates and Inhabitants of the Town of Perth and its Vicinity to the Lieutenant Governor Sir Francis Bond Head, which I request you will be ])leascd to present to His Excellency. I have the Honour to be, &c. J. Joseph, Esquire, Joiiv A. H. Powell. Secretary. His Excellency (B.) To His Excellency Sir F. B. Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the IVussian Military Order of Merit, Lieutenant Governor of the Provmce of Upper Canada, &c. &c. &c. May it please your Excellency, We, the undersigned Inhabitants of Perth and its Vicinity, beg leave, at this Period of great political Excitement, to convey to your Excellency our respectful Attiichment. Sensible of the Diflitidties that surround your high and important Station, we view with unqualified Admiration the manly, upright, and constitutional Course ])ursued by your Excellency ; more particularly con- spicuous when the Council on whom your Excellency placed such implicif Reliance thought proper to assume a Position as untenable as it was ill-advised and unconstitutional. It is at a Period like the i)resent, when the Majority of the House of Assembly openly avow Sentiments wliich we lament to term Anti-British, that the I'irmness of Character and manly Avowal of your Excel- lency's Principles will, with the loyal and unjjrojudiced Population of this rising Colony, be justly and fairly apjjrcciated. Your Excellency's Athninistratioii has been thus far marked with constitutional Decision, and a Desire to carry into effect the liberal Intentions of His Majesty's Go\ernment towards the People of this Province. You have strictly guarded the Prerogative of the Crown without infringing upon the Liberties of the People. Your Excellency, with becoming Candour, placed your Instructions before the Representatives of the People, and your Candour was treated with Discourtesy. Ihe Proceed- ings of that Body appear to us so flagrantly unconstitutional, coupled with their disrespectful Demeanour in the Instance noticed, as to occasion much and serious Alarm as to their Intention. Wc are constrained to use strong Lan- guage, for we cannot but j)erceive the degraded State the Majority of the House of Assembly would have placed us in, had a Lieutenant (Governor wlio would have checrfiilly acceded to their Dictum succeeded the much and de- servedly respected Sir John Colborne. We have indeeil great Reason to be thankful that we have nothing to fear whilst your Excellency continues adminis- tering the Government of this Province as you have conmienccd ; extending to all Classes that Liberty and Protection which our inimitable Constitution confers. (405 Sil/naturcs.) (-tl.) M m 3 278 DESPATCHES FROM. SIR F. B. HEAD, Bart,, I • No. 12. Sir F. U. Head to Lord Cilenel^, 4ib May 1836. enclosures. (C.) To His Excellency Sir F. B. Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of tlie Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it ])lease your Excellency, We, the Inhabitants of the River Trent and its Vicinity, beg leave to assure your Excellency that we should prefer pursuing our several Occupations, and leave the Discussion of Politics to others, but that there are Times in which it behoves every one having a Stake in the Country to come forward in defence of its Institutions. Such we consider the Case at present, when we have Reason to believe that factious and discontented Individuals are usiiiir their Endeavours to impose upon the Credulity of the unsuspecting to sign Petitions to the Provincial Parliament to stop the Supplies ; alleging that your Excellency is " about to bring the Country into worse Bondage than that of Russian Serfs or Algerinc Slaves." Sir, the Deception is too gross to be swallowed by Men of even inferior Capacities ; as British Subjects we know that your Excellency can do no such Thing, and moreover we feel confident that you have no Disposition to do so. Since you have been among us we have seen with Pleasure that your Excel- lency has endeavoured to uphold the just Prerogatives of the Crown, which is a full Assurance to us that you will never trample upon the Rights of the People. "\Ve deem it therefore our Duty most respectfully to assure your Excellency, that in ap})reciating the Difficulties with which you are at present surrounded we fully concur in all the Measures your Excellency has taken to uphold the Constitution as by Law established. " That the Constitution should be main, taiued in its Purity" was the last ])ublic Pledge given by our late esteemed Lieutenant Governor, and confirmed by your Excellency in first meeting your Provincial Parliament. All we want is internal Imj)rovemcnt, to enable the Commercial and Agricultural Interests to prosecute their several Avocations in Advantage and Security. In conclusion, we beg to ex])ress to your Excellency our Thanks for the Wisdom, Eirmness, and Integrity which have hitherto marked your Administra- tion of the Government of this Province; and we beg to assure you of our firm Determination to uphold by all constitutional Means in our Power the future Administration of your Excellency, whilst it be conducted on the same Principles of Justice, rirmness, and Moderation by which it has hitherto been characterized. River Trent, lyth April 183G. (351 Signatures.) 't\ (D.) To His Excellency Sir Francis ]lond llead, K. C, H., &c. &c., Lieutenant Governor of Upper Canada, &c. &c. May it please your Excellency, We, the undersigned Iiiliabitants of the Xorth-east Part of the Township of Toronto and its \'icinity, beg leave to express to your Excellency our deep Regret at fiiuliiig Persons calling themselves " The Reformers of Upper Canada" alteini)tiiig to embarrass your Kxcelleiu y, at the Commencement of your Administration of the (iovermnent of this Province, by interfering with your Excellency's Right in the Appointment of your Executive Council. Enjoying, as we do, " Peace in all our Borders," we are greatly surprised to find that a few resll'Jss Individuals, should atlemi)t to interfere with your I'xcellency's just Prerogative, tlieroby creating an unnecessary Alarm and Excitement in the Minds of the People. Ardently attached to tlie Institutions and Government of Great Britain, we are detiTmined to suiiport your Excellency in the Administration of the same; and as tar as in lis lies, to oppose a Separation from what is called "The baneful Domiiialion of the Mother C'oinitry." From the candid, linn, ami upright Manner in which your Excellency has acted since your Arrival amongst us we are persuaded of your Excellency s Anxiety 7 ' for ON THE SUBJECT OF CANADA. 279 imander of the 'russian Military »viucc of Upper y, beg leave to cral Occupations, ire are Times in come forward in iresent, wiien we 'iduals are using ispecting to sign leging that your iagc than that of of even inferior r can do no such position to do so, tliat your Excel- [Irown, which is a its of the People, your Excellency, escnt surrounded ;n to uphold the should be main- ur late esteemed rst meeting your [it, to enable the ;ral Avocations in r Thanks for the your Administra- ssurc you of our n our Power the led on the same las hitherto been &c., Lieutenant tlie Townsliip of •Honey our deep jniiers of Upper )inniencenient of interfering witll : C ouncil. .•atly surprised to ifere witii your sary Alarm and reat Britain, wc )n of tlie same ; L'd "The baneful Beliency has acted llency's Anxiety for for the Improvement of the Province, and feel confident that (if your Excel- lency is only allowed Time) you will use every Ettbrt to promote the Welfare and Happiness of the People. Townsiii]) of Toronto, 'jgtli Ajiril 1836. (7C S!//niUurcs.) No. 12. SirF.B. Hearf to Lord Glenelg, 4tli Muy 1836. Enclosures. (E.) To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of tiie Province of Unper Canada, &c. &c. &c. May it please j^our Excellency, We, tiie undersigned Freeliolders and Houscliolders of Brantford and its Vicinity, beg leave to assure your Excellency, that we Iiavc witnessed with great Pain and Astonishment the Impediments thrown into your Excellency's Path in the Administration of Affairs in tiiis Province, which, under the wise and jaternal Instructions of our beloved Monarch, augured so propitiously for the uture Advancement of this Province in "Wealth, Prosperity, and Renown. We assure your Excellency of our Determination to support your Excellency against the factious Machinations of designing Men, who have long endeavoured to harass and embarrass the Government in all its Proceedings, by their reiterated Attempts to introduce organic Changes, subversive of the Principles of that glorious Constitution under which we have the Happiness to live. Individually and unitedly we congratulate your Excellency on your Arrival amongst us, and fervently pray that by the Assistance of Divine Providence you may become the hallowed Instrument of Diff'using throughout the Province the Blessings of good Government and Peace, of which your firm Conduct since the Commencement of your Administration is a sure and happy Presage. (357 Sli/natiircs.) I To His Excellency Sir Francis Bond llea (D.) To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelj)hic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upi)er Canada, &c. &c. &c. We, the luidersigncd Freeholders and Inhabitants oftlie Township of Oriilia, beg to approach your Excellency at the present Crisis to express our devoted Attachment to the excellent Constitution under whicli we iiave the Happiness to live, and to that Connexion with the Parent State which is at once the Strength, the Security, and the Glory of this Province. We beg to testify our entire Approval of the dignified, manly, and iionourable Conduct which, in regard to the Part taken by certain Members of the late Executive Council, your Excellency has lately displayed. We usiires, so clc iitenant Governor ON THE SUBJECT OF CANADA. 28S We place entire Coi "deuce in the Efforts which your Excellency lias made ami is still making to forward every Improvement, and to jjroniote the best Interests and true Happiness of tlie People of this rising uiid important Province. OriJlia, 23d April 18.3(5. (71 Slt/iiaturc.':.) (K.) Sir, King.ston, 3d May 1836. I have the Honour of now addressing you in order to state that Anthony Maiiahan, Esquire, has been requested to present to His Excellency the Lieu- teniint Governor an Address from the Magistrates of the Midland District, of which Body he is himself a Member. I have the Honour, kc. J. Joseph Esquire, John* Macaulay, &c. &c. &c. Q' Sess. M. Dist. Sir, Toronto, 10th May 1836. In presenting the Address, with the Delivery of which I was charged by my Brother Magistrates of the Midland District, I omitted to state to His Excellency that I am aware of the Intention of several other of the Bench of Magistrates of that District to join in the Expression of their Gratitude to His Excellency for the dignified and uncompromising Manner afler which he treati'd the undue Interference of the Representatives of the People with the defined Prerogatives of the Crown ; and I may add that a Duplicate of the Address will be trans- mitted bearing the Signatures of the whole Bench, with Two or Three Exceptions. John Joseph, Esq. I have the Honour, Sec. A. Maxaiiak, J.P. Sir, B.,lleville, 23(1 April 1836. Unable to attend the General Quarter Sessions to be held at Kingston this Month, in consequence of the Election for the County which will connnence on tile 2.5th Instant, and desirous to co-operate in any Address which may be voted by the Magistrates of this District in Sessions to His Excellency Sir Francis B. Head, our Lieutenant Governor, expressive of our Loyalty and Attachment to the British Crown and Conslitiiiion, and ajijiroviiig of His Excellency's dignified and uncompromising Conduct in the Ailiniuistration of the AfKiirs of this Province since his Accession to the Government, we request you will be pleased to affix our Signatures and signify to the Court our willing Assent to any such Address, particularly as we deem such a Course, although novel, yet necessary at a Time of unjustifiable Excitement upon the Merits of that Administration. We are, Sir, T. PAUKKII, J.P. William Kitciif.son, J.P. EnwAun Eiular, J.P. Elijah Kitciiesox, J.P. G. N. RiDLKV, J.P. Tnos. D. Api'lehv, J.P. Anthony Manahan, Esq. A. Marshall, J.P. My dear Sir, Saturday Afternoon. I had not Time to sign the Address of the Magistrates of our District to the Li.'utenant Governor this Morning, and will thcrelbre thank you to attach my Name to it. Yours very truly, A. Manahan, Esq., Kingston. H. Smith. No. 1.^. Sir F. R. Head to Lord (iluDclp, llth May 1836. (D.) (E.) (41.) N n 3 No. 15. Sir F. B. Head to Lord Glenelg, llth May 18S6. (E.) .(ft DESpKtCIIES from sir F. B. head, Baht., My dear Sir, Napunc, SGtli April 1836. I have lost no Time in gcttinj; the Magistrates to si cellency, Wc, His Majesty's fiiti-.tiil Subjects, the undersigned Masi^istratcs of the Mid- land District, beg leave to ap])r()ach your Excellency with the Ex]>ression of our unfeigned (Iratitude to His Majesty, our good and gracious King, for having appointed your Excellency to aduiinister the Governinent of this Province at this cs])ccial Tune. Under Circumstances of unusual and uncalled-fiir Excitement and Embarrass- ment your Excellency's dignified, dispassionate, and firm Conduct in the Management of public Atl'airs here merits, and is, in some Degree, recompensed by our wannest Thanks. Your Excellency's calm and deliberate Manner of mcetin"' these Embarrassments, and the solid Reasoning with which you sustain the constitutional (irouud which your Excellency has taken up, cannot fail to have a salutary Effect in repressing the Growth of political Error, and in con- firming the People of this Province in their Attachment to His Majesty's Government, and Contentment with their favoured Condition. Fervently hoping that it may be so, we have but to add the respectful Assu- rance of our anxious Desire to maintain the Constitution and Laws of the Province, and our ha])py Connexion with the Mother Country, pure and inviolate. W. SiMKINS, J.P. S. Clakk, J.F. John SrnANOE, J.P. Geuvasi-; YtoMANs, J.P. G. H. Uetlon, J.P. Jacob Romiioioh, J.P. Lawrence IlEusiiMr.ii, J.P. IloHEHT lliiUAnnso.v, J.P. Thomas Askew, J.P. Isaac Fkasek, J.P. J. Marks, J.P. Alex. Cowan, J.P. Peter Davy, J.P. A. Phingi.e, .T.P. A. Manahan, J.P. Court House, Kingston, 27tli April 1836. Thomas Parker, J.P. AVilmam Kitcheson, J.P. EnwAKi) Pini.Aii, J.P. Elijah Kir iirsov, J.P. Gl.OUliE N. UlllLKV, J.P. Thomas D. Appleuv, J.P. Anthonv Maiishali., J.P. Allan Macphlrsdn, J.P. John Ejiuluy, J.P. John Pourr, J.P. Jacob B. Cha-miieiilain, J.P. AUCHUIAM) JSPXeh-i^ J.P. Archibald Caton, J P. By tlieir Autliority, A. Manahan. (G.) To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, His Majesty's faithful Subjects, the undersigned Magistrates of the Mid- land District, beg leave to apj)roach your Excellency with the Expression of our unfeigned (Jratitude to llis Majesty, our good and gracious King, for Iiaviiig appointed your Excellency to administer the Government of this Province at this especial Time. Under Circumstances of imusual and luicalled-for Excitement and Embar- rassment, your Excellency's tiignified, dispassionate, and firm Conduct in the Manajj;ement of public Aftiiirs here merits, and is, in some Degree, recom- pensed by our warmest Thanks. (4L) Nut Your (F-) I', 'i (G.) No. 15. Sir F. B. Head to Lord Glcneig, lltb May 1836. Too 288 DESPATCHES FROM SIR F. B. HEAD, Baut., Your Excellency's calm and deliberate Manner of meeting these Embarrass- mcnts, and tlie solid Reasoning with which you sustain the constitutional Ground you have taken up, cannot fail to have a saluUiry Effect in repressing the Growtii of Political Error, and in confirming the People of this Province in their Attachment to His Majesty's Government, and Contentment with their favoured Condition. Fervently hoping that it may be so, we have but to add the respectful Assurance of our anxious Desire to maintain the Constitution and Laws of the Province, and our happy Connexion with the Mother Country, pure and inviolate. Court House, Kingston, 27th April 183G. (43 Siffiiaturcs.) (11.) To Hi! May it please your Excellency, We, His Majesty's dutiful and loyal Subjects, Inhabitants of the Town- ships of Nichol and Woolwich, in the Gore District, beg leave respectfully to congratulate your Excellency upon your Appointment to the higli Office of Lieutenant Governor of Ujiper Canada, and upon youi Arrival in the Province to assume its arduous and important Duties. We also beg leave humbly to state that we Iiiglily approve the liberal and enliglitcned Policy disclosed by your ExceHency as intended to be applied to all Brandies of His Majesty's Service and to the Encouragement of such useful practical Improvements as will tend to the Production of Iiappy and beneficial Effects upon the future Prospects and Advancement of this Province. Wc view with luiminglod Satisfaction and Approval your Excellency's ener- getic Determination to foster tiie growing Interests of this Province, " bv looking steadily forward to its f.iture Prosperity and Improvement, by attractini; into U[)per Canada tlie superabundant Cap'*al and Population of tlie Mother Country, and by encouraging internal Peav.w and Tranquillity," thereby pro- moting its true Interests by adding to the Number of its Inhabitants, and encouraging in tlieni a laudable Spirit of Enterprise and Improvement, and trust that no unwise or jlliheral Policy may mar the full .md unrestricted Application of your Excolloncy's Resolve. Tlie Tract of Country wc inhabit has recently beiietifed in a jicculiar Degree by the Influx of Emigration and the Iiitroihic- tion of Ca])ital from (ireal liritain ; and we believe the universal Feeling of the Country will respond to the Expression, that to elevate us to the exalted Rank of a great and important agricultural and commercial People, we recjuire but the Adoption of sucl: a liberal anil encouraging Line of Policy as will throw open the native Ferlility ami vast Resources of the Coiuitry to be fostered and developed by the Industry, Wealth, and Energies of an increased Population. Wo fiirtlier beg leave to rejiresent that to afliird eflicient Encouragement to Emigration, ami as a Means of attracting Rritish Subjects and others einigratin;' to tlie United Stales into I'pper Canada, we resj)ecttiiily call your Excellency's Attention to the l'"nr!nalion of such a salutary and ellicacious Code of Ucgub- tions for the Disposal of the A\'aste Lands of the Crown as will give every desirable Facility to intending Purchasers, both as regards Information and their Dispos;i! at such a reasonable Price as will insure to the Settler a speedy Return ot' the Ca])ital invested from the Cultivation of tlie Soil. To provide lor the increasing Emigration to this Section of the Province we L.eg respectfully to direct your Excellency's Attention to the Survey and Sale of tiie Tn ct of Land in the Rear of the Townships of Nichol ami Woohvicli (marked tentment with their ON THE SUBJECT OF CANADA. 289 (marked upon the Map as " Reserved Lands ") which from tlie Fertihty and natural Advantages of the Soil, tlic Healthiness of the Climate, and its Proximity to rapidly increasing Settlements, will immediately be sought after as ofibring many Advantages to the industrious and enterprising Settler. (183 Signatures.) No. IS. Sir F. B. Head to Lord tilenelg, 11th May 1836. (HO I li J i il (43 Si(/>iatures.) No. 16. (No. 36.) Copy of a Despatch from Sir F. B. Head, k.c.h. to Lord Glexelg. Toronto, Mtli IMay I83G. your Lordship's Despatch, No. IS., dated My Lord, I have this Morning received 30th March, in which your Lordship lias been pleased (in confirming the Ap pointnient of Messrs. Dunn, Baldwin, and Rolpli as Executive Councillors) to express your Approbation of the Course I adopted with reference to the Con- ditions attempted to be attnched by ^Mr. Baldwin to his Acceptance of the Post of Executive Councillor. I cannot express to your Lordship the Satisfaction I have derived from this Communication, as it indicates a Determination to SLip])ort me in the arduous Duties I have had to perform. I have no Fear whatever of crushing the Republicans in this Proxince, and of rc-aiiimating the Constitutionals, if I receive from your Lordship a Continuuice of this Support. I have the Honour, &c The Ridit Hon. Lord Glenelg, &c. &c. &c. b» (Signed) F. B. Head. No. 16. Sir F. B. Head to ' Lord Glenelg, lith May 1836. m Ills Code of Umilii- No. i;. (No. 37.) Copy of a Despatch from Sir F. B. Head, k.c.h. to Lord Glexelg. My Lord, _ Toronto, Upper Canada, IGth May 1836. In case your Lordship should deem it advisable to remove me from the Government of this Province, in consequence of the Request contained in my Despatch of the 5th of February, and respectfully repeated in No. 33., dated the Sth Instant, I am desirous calmly to bring before your Lordship's most serious Consideration the Importance and urgent Necessity of sending out my Successor immediately, as I can practically assure you that nothing can be a greater Disadvantage to the Lieutenant Governor, as well as to the Province, than his arriving, as I did, ignorant of all the various Branches and Depart- ments in which the Affairs of this Province are conducted. I beg leave, moreover, to observe, tliat not only would my Succes.sor reap Advantage by having a little Leisure for Observation and Reflection before he be actually called upon to determine upon tiie important Subjects which require his Decision, but that 1 myself am becoming e\ ery Day seriously embarrassed by the UncertiiiiUy in which I exi.st. During the Three Months of Su.spen.sc which elapsed between the first Ex- pression of my Request, dated .Oth February, uid your T^ordship's Reply, I manageil, with considerable Difliculty, to ailvauee against the Re})ublicans, hampered by Preparations to retreat, at a Moment's Warning ; but I foresee that the Measures 1 shall shortly have to take nnist imavoidably assume every Way a more decisive Character, and I therelbre hojje your Lordship will see the Propriety of coming at once to a final Decision on my Case. With yoiu- Lordship's Decision 1 am perfectly prepared to rest satisfied, but M I feel I did not sutiicicntly explain the Grounds of my Request, I bog leave to do so by the following short Statement. At the Time I was requested to (4il.) O o assume No. 17. Sir F. B. Head to Lord Glenelg, 16th May 1836. No. 17. Sir F. B. Head to Lord Gleoelg, 16tb May 1836. no DESPATCHES FROM SIR F. B. HEAD, Bakt., assume the Government of Upper Canada I was in tlie Receipt of the following Emoluments : — Salary of an Assistant Poor Law Commissioner - Allowance of 1/. Is. per Day . - . Allowance of 9s. per Day in lied of travelling Pay and Allowances to my Son as Clerk Total Annual Income which I gave up at the") Request of His Majesty's Government - / £ s. i 700 383 5 1G4. 5 180 6 1,4'27 10 6 The following is a List of Fines, Fees, and Expenses which were sub- sequently imposed upon me : — £> s, d. For my Commission - . - . . 212 q q For travelling Expenses for myself and Suite, with Outfit - 800 Paid Sir John Colborne for a Part of his Furniture, &c. - 1,050 Extra Expenses in England for Furniture, &c. kc. to be - 1,000 brought out 3,002 Deduct Allowance granted to me by His Majesty's Government to defray the abo\ Expenses - 300 Total Amount of Fees and Expenses - 'J,7G2 "D Having given up a permanent Income of l,4'27/.> and having incurrcc! Ex- penses of 2,762/., I requested, in my Despatch to your Lordship of the jtli of February, that my Allowance might be made equal to that of my Predecessors; but as that Request did not meet with your Lordship's Approbation, I abandoned it, adhering to the Request of an Accession of Civil Rank, free of Fees. If this Request be deemed also inexpedient, I have begged, and still earnestly desire, to be permitted to retire, on Two Grounds : — 1st. That I have not sufficient Means to enable me to maintain my Station, encumbered as I am by a Military Rank inferior to that of various Officers under my Command. 2d. That in justice to my Family I cannot consent to transport them to tliis Country, from which, after my Services are worn out, I shall return deeply in Debt, besides having lost my Income and Prospects in England. As far as the Public Service is concerned, I will pledge myself to tranquillize Upper Canada ; but I frankly declare to your Lordship that I cannot afford to injure my Family, and that the least Remuneration I respectfully require is Civil Rank, free of Fees. If this be deemed more than my Services are worth, I shall retire from the Colonial Service with at least the Consciouf:ness of having served it faithfully. I conclude by again asking your Lordship to do me the Favour to inibnn my Family whether they may come to me, on the Terms I have mentioned, or I to them. The Right Hon. Lord Glenelg, &c. &c. &c. I have the Honour, &c. F. 13. Head. I believe nothing would tend more to show the Republicans here His Majesty's Deti'rmination to support me against them tl)an the Mark of Favour I have solicited. !S which were sub- ON THE SUBJECT OF CANADA. No. 18. 9M (No. 38.) Copr of a Despatch from Sir F. B. Head, k.c.ii. to Lord Glenelg. My Lord, Toronto, Upper Canada, 19th May 1836. I HAVE the Honour to transmit to your Lordship an Address which was this Morning jiresented to me by a Deputation from the Electors of this City, v/ith my Answer thereto. I would direct your Lordship's Attention to the Fact, that at the last general Election for the City the total Number of Votes that were polled amounted to 512, and that to the present Address there are attached no less than 461 Signatures. I liave also the Honour to transmit an Address from the Electors of the County of Lenox, of which Mr. Speaker Bidwell and Mr. Perry (the Chairman of the Committee who drew up the Report on my Correspondence with my hite Executive Council) are at present the Members. It will explain to your Lord- ship the Reaction which is taking place in this Province. I may also observe that I have this Evening received official Information that Twelve hundred Electors of the Gore District are coming down in a Body- to Toronto, to present to me in person an Address strongly supporting me in the Measures I have adopted. I have theHonour, &c. The Riglit Hon. Lord Glenelg, F. B. Head. &c. &c. &c. No. 18. Sir F. D. Head to Lord Glenelg, 19th May 1836. First Enclosure in No, 18. Enclosure No. 1. To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Military- Order of Merit, Lieutenant Governor of ^the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We the Inhabitants, Electors of the City of Toronto, beg to renew to your Excellency the Expression of cordial Approbation of your Conduct in the Ad- ministration of the Government, which, on the Occasion of your Excellency's Diii'erence of Opinion witli the late Executive Council, we had the Honour of submitting to you. The Sentiments expressed by us then remain unchanged, but the State of Affairs has since that Time materially altered. Notwitlistiuiding the Expression of public Opinion on that Question, ;nid although the Arguments justifying your Excellency's Course are yet unanswered, the House of Assembly, without regard to the mischievous Consequences wliich must result from such a Procethue, and in the Absence of any such Emergency as alone could justify them in adopting it, allowed the Time fixed for the Prorogation to arrive without making any Provision for the public Service. This Measure, as might well luive been expected, has had the Eflect of preventing any other Bills being passed for the Expenditure of public Money, and has, for the Time, put a Stop to the Course of nuicli needed Improvements. In consequence the Business of this City is already suffering: the Mcclumics, who before found ample Em- ])l(nnieut, are leaving by llundreds, and every Man among us is feeling the >St;ignatioii of Improvement and active Employment, wliich the Want of tlu; usual Supplies has causi'd. That your Excellency should recede from the Coiidiision which you have ado])ted is not only undesired by us, but we should ik'prcciili' any Abamloninent of your declared Policy. That the present House of Assembly will meet the Wishes of their Constituents, and change their Line of Coniluct by following one which would give to the Country the inunecliate lii'iK'lit of those Measures which your Excellency's Instructions, comnuniicaled byiMessagt', had intiiMaled, and which the Country requires, is, in our Opinion, [lot to he hoped. W'c are therefore lefl to the Prospect of a Loss of \alnal)le lime and of severe Pressure on all Classes of Society throughout the Province, so lonj;' ;is the present Representatives continue to hold their Seats. There is Olio obvious Remedy presents itself, a Remeily which, however, rests in the (M.) O o ^.J Royal •liiil- ■I '. F 292 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 18. Sir F. B. Head to Lord Glcneig, 19th May 18L<6. Enclosure No. 1. Royal Prerogative ; and wc appeal to your Excellency to give the Case your careful Consideration, and to take such speeily Measures for our Relief as the Necessities of tlie Country seem to require. Wc avoid referring particularly to many other Considerations of puhlic Affairs which tend strongly to fortify our Appeal, as we arc satisfied that they will not be overlooked by your Excellency, and that the State of the Province is such as renders the Relief we pray for alike necessary and just. (461 Signatures,) Gentlemen, No one can be more sensible than I am that the Sto])page of the Supplies has caused a general Stagnation of Business, which will j)robably end in the Ruin of many of the Inhabitants of this City. And in proportion as the Metro- polis of the Province is impoverished th.e Farmer's Market must be lowered, for how can he possibly receive Money when those who should consume his Produce me seen flying in all Directions from a Land from whidi Industry has been publicly repelled ? But I am guiltless of the Distress which Upper Canada must shortly most bitterly endure ; for in my legislative Capacity I have never lost an Ojjportu- nity of entreating that I might be assisted in attracting into this Province, by Tranquillity, the "Wealtli and Population of the Mother Country. In this simple peaceful 1). irine I have, however, been opposed by a fatal Declaration, which emanated, I regret to say, from the Metro])oHtau County, that " the Constitution was in danger I " and that the grand Object was to " stop tk Supjjiies!" Well, Gentlemen, this "g-and Object" has been gained for you, and what, I ask, has been the Result ? The Clerks and Messengers in the Government Offices, who during a loiit; Session have laboured unremittingly for the Public Service, are now surrounded by their I'amilies perhajjs jfcnnyless. Money, which would not only l.avc im- proved your Roads, but would have given Profit and Em])loyment to Thousands of deserving Peoj)le, is now stagnant ; the Sufferers in the late Wars have lost the Remuneration which was absolutely almost in their Hands ; Emigration has been arrested ; and inste'>d of the English Yeoman arriving with liis Capital in this free British Country, its Mechanics in Groups arc seen escaping from it in every Direction, as if it were a Land of Pestilence and Famine ; all just Claim for Assistance from the Mother Country has vanished ; every Expectation of Relief from internal Industry is hourly diminishing. In the flourishing Continent of North America the Province of Upper Canada now stands like a healthy young Tree that has been girdled, its drooping Branches mournfully betraying that its natural Nourishment has been dulibe- rately cut ofl". With Feelings of deep Melancholy I acknowledge myself to have been apparently defeated. 'J'lie Object of my Mission, my Exertions, my Opinions, my earnest Recommendations, have been received by Language to which I Jiave no Desire to allude, and the " grand Object " of " stopping the Supplies" is now termed by its Promoters '• the Victory of Reform." Gentlemen, 1 have no Hesitation in saying that another such Victory would ruin this Country. But this Oi)iuion is hourly gaining (Jround ; the good Sense of the Country has been aroused ; the Yeoman has caught a Glimpse of his real Enemy; the Farmer begins to see who is h.is best Friend ; in short. People of all Deno- minations, of all Religions, ami of different Politics, rallying round the British Flag, are now loudly calling u])on me to grant them constitutional Redress. When the Verdict of the Country shall have been suflicieutly declared, I will promptly communicate my Decision. or you, and wliat, ON THE SUBJECT OF CANADA. Second Enclosure in No. 18. 898. To His Excellency Sir Francis Bond Head, Knight, Commander of the lloyal Hanoverian Guelphic Order, Knight of tlie Prussian Military Order of Merit, Lieutenant Governor Canada, &c. &c. &c. of the Province of Upper May it please your Excellency, It was with Feelings of Gratification and Delight that we, the Inhabitants of the County of Lenox, learned that the Choice of our Monarch in appointing your Excellency to the Administration of this Pro\ince had fallen upon a Per- sonage who, by the most vivid Displays of Energy and Talent in Matters which had long engaged the Attention of the Imperial Parliament, had so successfully won his Way to public Opinion. In common with all His Majesty's loyal Subjects within the Province we are deeply interested in the ])roper Administration of the Government thereof, and consequently it becomes our Privilege, upon any vital or important Measure, to declare to your Excellency our unbiassed Opinion with Candour and even- tempered Independence. It was with Satisfaction we observed the Course pursued by your Excellency, on assuming the Reins of the Provincial Government, in endeavouring to do away with all Causes of Party Complaint, by calling to your Council Men of acknowledged Talent and Integrity, w^hicli, we concei\c, was a sufficient Earnest of the intended Impartiality of your Excellency's Administration. Relying on the Purity of your Excellency's Intentions, it was with Surprise and Regret unmixed that we observed Men possessing the Acquirements of those who composed yoiu* late Council should so hastily and pcrseveringly insist ui)on a new Construction of the Constitution of that Body ; and that it is our inKpialified Opinion that the Interpretation given by your Excellency of the Non-responsibility of the Executive Coimoil to the People is in perfect Accor- dance with the Spirit of our Constitution, and has been explained by your Excellency in a Manner so lucid as must satisfy every observant or well-regulated Mind. Wc would ex])rcss to your Excellency that we are strongly attached to the Constitution as granted in lyfH by George the Third, of reveretl Memory ; that we are desirous to maintain our Connexion with the Parent State, and to uphold inviolate the Charter of our Colony ; and that it is with the proudest Feelings of Satistaction we have perceived the imiform, energetic, and uncom- promising Character which has hitherto marked your Excellency's Adminis- tration, thus tending to realise all the Ends we so ardently desire. Our confident Hope is, that when the jn-esent transitory State of public Excitement has jjasscd away, your Excellency will be able to devote all the Energies of your Mintl for etiecting such temperate Reforms as our Govern- ment may require, and perfecting such Measures as will tend to the Develop- ment of the agricultural and commercial Resources of this interesting and much favoured Colony. (461 Sifftiaturcs.) Napanee, 19th April 183G. No. 18. Sir F. B. Head to Lord Glenelg, 19th May 1836. Enclosure No. 2. cli Victory would No. 19. (No. .10.) Copy of a Despatch from Sir F. B. Hr;/VD, k.c.h. to Lord Glknelg. My Lord, Toronto, 28th May IS.'iC. I n.WE the Honour to transmit to your Lordship a Copy of a Gazette I'^xtra- ordiiiary, by which it will i\\)\)Ci\r that 1 this Day dissolve the Provincial Par- lumcnt. The new Elections will be concluded on the Ci7th of June. The Number of Signatures attached to the loyal Addresses I have received already amount to 21, 100. Many others are on their Way. I have the Honour, &c. The Right Hon. Lord Glenelg, (Signed) F. B. Head. &c. ice. &c. No. 19. Sir 1'. B. Head to Lord Glenelg, 'J8th May 1836. (41.) Oo d 8M DESPATCHES FROM SIR F. B. HEAD, Bart., Ko.19. Sir F. B. Head to Lord Glenel^ 28th May 1836. Eaclosure No. 1. 1 1, ! • W Enclosure in No. 19- Upper Canada Gazette Extraordinary. Toronto, Saturday, 98th May 1836. By Autliority. F. B. Head, Lieutei'ant Governor. William the Fourth, by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Fuith, &c. &c. &c. To Our beloved and faithful Legislative Councillors of Our Province of Upper Canada, and to Our Knight'^, Citizens, and Burgesses of the House of Assembly of Our said Province, called and chosen to Our present Parliament of Our said Province, and to a)' Our loving Subjects to whom these Presents shall come, Greeting. Whereas ^\ e have thought fit, by and with the Advi'd of Our Executive Council of Our Province of Upper Canada, to dissolve tlie present Provincial Parliament of Our said Province, which stands prorogued to the Fourth Day of July now next ensuing. Novv know ye, that We do for that End publish this Our Royal Proclama- tion, and do hereby dissolve the said Provincial Parliament accordingly. And the Legislative Councillors, and tlie Knights, Citizens, and Burgesses of the House of Assembly, are discharged from their Meeting and Attendance on the said Fourth Day of July next ensuing In testimony whereof We have caused tnese Our Letters to be made Patent, and the Great Seal of Our said Province to be hereunto affixed. Witness Our trusty and well-beloved Sir Francis Bond Head, K. C. H,, &c. &c. &c.. Lieutenant Governor of Our said Province, at Toronto, tills Twenty-eighth Day of May in the Year of our Lord One thousand eight hundred and thirty-six, and in the Sixth Year of Our Reign. F. B. H. Samuel P. Jarvis, Clk. Crown in Chancery. By Command of His Excellency in Council, D. Cameron, Secretary. F. B. Head, Lieutenant Governor. William the Fourth, by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, &c. &c. &c. To all to whom these Presents shall come, Greethig. Whereas We are desirous and resolved, as soon as may be, to meet Our People of Our said Province of Upper Canada, and to have tiieir Advice in Provincial Parliament : We do make known Our Royal Will and Pleasure, and we do hereby summon and call togetlier an Assembly in and for the said Pro- vince, to meet on the Sixteenth Day of July now next ensuing: And Wc do hereby further declare, that, with the Advice of Our Executive Council for the Ariiiirs of this Province, We have this Day given Orders for the issuing out Writs in due Form, for summoning and calling together an Assembly in and for the sain Province, which Writs are to bear Teste tiie Twenty-ciylitli Day of May instant, and to be returnable on the Sixteenth Day of July now- next ensuing. In testimony whereof We iiave caused these Our Letters to be made Patent, and the Great Seal of Our said Province to be hereunto affixed. Witness Our trusty and well-beloved Sir Francis Bond Head, K. C. H., &.'C. &c. &c., Lieutenant (Jovernor of Our said Province, at Toronto, this Twenty-eighth Day of May in tiie Year of our Lord One thousand eight hundred and thirtv-six, and in the Sixth Year of Our Reign. F. B. II. Samuel P. Jarvis, Clk. Crown in Chancery. By Command of His Excellency in Council, D. Cameron, Secretary. ON THE SUBJECT OF CANADA. 295 (Private.) Copy of a Despatch No. 20. from Sir F. B. Head, k. c. ii., to Lord Glenelg. My Lord, Toronto, 28th May 1836. My official Commuriioation of tliis Day's Date will inform your Lordship tliat I liave dissolved tlie Provincial Parliament. Of course a most violent Contest will take place, and I need hardly observe that it is one upon which our Possession of the Canadas may almost be said to depend. Sensi't le as I am of its Importance, I feel calm and tranquil as regards its Result. In South America Truth and Justice carried me through Difficulties even greater than those I have now to contend with, and I have the firmest Reliance tliat they will again be triumphant. I enclose to your Lordship a printed Copy of an Answer I this Day gave to one of the numerous Addresses 1 have received. In all my other Answers I have been cool and calm, but in this I have made an Exception, because I have long determined to notice that Letter which Papineau addressed to Mr. Speaker Bidwell. The Fact is, Papineau as well as Bidwell, and all their Party, have long endeavoured to inculcate the Idea that the whole of the Population of the Canadas are *' united to a Man ;" that they only tolerate the British Govern- ment, and that consequently they can throw it off when they choose. Now I think it highly necessary that this artful Spell should be broken, that the Truth sliould be proved to be a £sic. Orig.2 and I have therefore done so effectually I am qiiite sure that my Answer will do Papineau the greatest possible Injury ; for it will prove his Theory to have been false ; it will re-animate the Loyalists; and as our own Militia Regiments all assemble for a few Days on the 4th of June, the A])peal will stir them up, and turn their Votes in the right Direction. I am aware that the Answer may be cavilled at in Downing Street, for I know it is not exactly according to Hoyle ; Mais, Mon Seigneur, croyez vous done qu'on fasse des Revolutions avec de I'Eau de Rose ? It is impossible to put down Republicanism by soft Words. I have only One Moment, as the Mail is starting. I remain, &c. The Right Hon. the Lord Glenelg, &c. &c. &c. F. B. Head. Enclosure. The following is the Reply of His Excellency the Lieutenant Governor to an Address j)rcsented this Day from Electors of the Home District, praying His Excellency to dissolve the present House of Assembly. Gentlemen, Toronto, 28th May 1836, The Addresses I have received, requesting me to dissolve the present House of Assembly, are so numerous, the Signatures are so respectable, and the firm manly Language conveyed to me from all Parts of the Province is so strongly corroborative of a Feeling of general l)isa])probation of the harsh Measure that lias been resorted to by stop])ing the Supplies, that I shall no longer hesitate to exercise my Prerogative by dissolving the Assembly. With respect to a certain Letter wliicli you state was " laid on the Table of " the House of Assembly a few Hours before the Prorogation of the Legis- " lure, purporting to come from the Speaker of the House of Assembly of " Lower Canada, and addressed to the Speaker of tin; House of Assembly " here," I have long refrained from noticing that Document, although it has repeatedly been indignantly referred to in the Addresses of this Province ; liecauhc as the Resolution of the House of Assembly of Lower Canada, dated 15tii February, merely authorized their Speaker to " transmit Copies of the (jth) O o ■!< " foregoing No. 20. Sir F. B. Head to Lord Glenelg, 28th May 1836. %\f Enclosure. m 998 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 20. Sir F. B. Head to Lord Glenelg, 28th May 1836. Enclosure. the Speakers of the several Assemblies of Upper Provinces, and to express the De.sire of this House " foregoing Re.soliitions to " Canada, and of the Sister I'roviiice.s, and to expr mi; aji.:5iiu ui uiis uouse " cordially to co-operate witli the said Assemblies in all constitutional Pleasures " calculated to promote the nnitual Interests of these Colonies," it was evident to me that as Mr. Speaker Papincau's Duty was thus clearly prescribed to him he was not authorized to tack to his official (Communication his own private Sentiments, nor was he in any Way justified in proclaiming them in tlie First Person Plural as follows : " These Ministers we impeach." *' Were we to fcsign ourselves to a " degrading System of Servitude." " If Misrule went on unchecked in any " of tliose neigiibournig Colonies without exciting our Sympathy, your Ills " would soon become our Ills, and ours would reach you in return." " Uyou " have to complain of Evils similar to ours, or of any other E\ils, all consti- «' tutional Means in the Power of tiie People of this Pro\'ince would readily be " resorted to to aid you in their Removal. Such good Offices it is the Duty " of every Colony to render and to accej)t in turn." It must be evident to every liberal-niinded Man that the House of Assc-ibly of Lower Canada did not authorize Mr. Papincau, in their Name, to expi.,ss to the House of Assembly of Upj)er Canada the foregoing Sentiments, nor to designate His Majesty's Uovenunent as " tiie naked Deformity of the Colonial " System;" nor to term the Royal Commissioners "these deceitful Agents;" nor to declare •' that the State of Society all over continental America requires " that the Forms of its Government sliould a})proximatc nearer to that selected •' uxDEii PROPiTioi s ciRCU.MSTANCEs, and after uiaturc Consideration b)/ the " wise Statesmen in the neii>/iOoiiri/ig Union, tlian to those into which Chance •• and past Ages have moulded European Societies." What is the real Character of j\Ir. Sjieaker Papineau's Language — what is its latent Meaning — what E])ithet the civilized World will give to it — whether the House of Assembly of Lower C;;nada will a))prove or condemn their legislative Name being thus taken in vain, are Opinions which were so unequivocally expressed in the House of Assembly in this Provhicc when the Document in question was first breathed upon them, that I have no Observation whatever to make on the Subject. But as Mr. Sj)eakcr Pajiineau has thought proper to promulgate in this Province that " the People of the Canadas, labouring under " the accumulative Wrongs proceeding from an Act of Parliament, unite as a " Man," I feel it necessary })ublicly to repudiate that Assertion by declaring what tlie State of Opinion in U])per Canada really is. The People of Upper Canatla detest Democracy ; they revere their Con- stitutional Charter, and are consequently staunch in Allegiance to their King. They arc perfectly aware that there exist in the Lower Province one or two Individuals who inculcate the Idea that this Province is about to be disturbed by the Interference of Foreigners, whose Power and whose Numbers will prove invincible. In the Name of every Regiment of INIilitia in Upper Canada I publicly promulgate — Let them come ij they dare ! 'II No. 21. Sir r. n. Head to Lord Glenelg, 30th May 1836. No. 21. (No. 4^2.) Copy of a Despatch from Sir F. B. Head, k.c.ii., to Lord Glenelg. Upper Canada, Toronto, noth May 18,16. - - - ■ ■ ■ •,Ha„ci, -^'■■J XjOlCl, ._f|/(#._i v.uiiiiuii, xuitiiuu, .jum .»iiiy io,)o. I Av.ML myself of the Opportunity of sending to New York by a private Hand, by transiiiitting to your Lordsiiip Tiiirty-onc more loyal Addresses, which have liecn presented to me since forwarding my Despatch No. '68. The total Number of Signatures to the loyal Addresses wliich I have received is G-tjlUU. I have, &c. The Right Hon. Lord Glenelg, F. B. Heau. &c. kc, &c. ON THE SUBJECT OF CANADA. 9W revere their Con- Canada I publicly '^ord Glenelg. To His Excellency Sir Francis Bond Head, k. c. h., &c. Sec. &c., Lieutenant Governor of Upper Canada. May it please your Excellency. We the undersijrned, His Majesty's dutiful and loyal Subjects, Inhabitants of the Johnstown District, beg leave to present to your Excellency an Assur- ance of our devoted Attachment to the Person and Government of our most Gracious Sovereign, of our firm Adherence to the Constitution of this Province, and of our sincere Respect for the Person of His Majesty's Representative. We deeply regret that when in the Outset of your Government you had, by the express Commands of His Majesty, declared your Intention to administer the Affairs of tliis Province according to the Principles of the Constitution, witii a fixed Determination to redress any Grievances which might exist, Persons whose Station and Experience led us to expect from them a loyal and constitutional Support of your Excellency's Administration should have lent themselves to increase the Difficidties with which you are surrounded at this important C'risis, and have joined in an Interpretation of the Principles of the Constitution from which \\ entirely dissent, holding it to be most false, ungrounded, and dangerous, tending directly to a Disruption of the happy Connexion existing between us and the Alother Country, and to the certain Introduction of Democracy and a Republican Government. It is witli Feelings of Pain and Indignation that we have seen the captious and vexatious Annoyance and marked Disrespect oflered to your Excellency, iu consequence of your Condescension in minutely explaining your Views of the Constitution, and the Policy of your Government. In the midst of these ill- timed Vexations it is Matter of heart-felt Gratification that your Excellency has done your Duty to our Sovereign, to our Country, and to yourself, in acting with that conscientious Dignity, Independence, and Firmness which we have a Right to look for in the Representative of the King of Great Britain ; and we cannot but admire the Clearness with which you have explained, and the sound andable Arguments with which your have supported, the Principles of that Con- stitution, which, could we suppose it faulty, it is, as your Excellency has well observed, not only beyond your Power to alter, but it is your Duty to enforce. We feel assured tiiat there is no Exaggeration in all that is said of the Resources and Prospects of this noble Colony ; but we are not so dazzled by an Idea of our own Importance and Maturity as to mistake the Promise of Infancy for the Power of Manhood, or rashly to desire a Diminution of the fostering Care of the Mother C'ountry, or of the superintending Influence of those to whom she intrusts the Management of her own important Affairs, and who are responsible to her for their Administration both at Home and Abroad. We cannot therefore think that our Rights as British Subjects can be preserved inviolate, or our best Interests be otherwise than irrejjarably injured, by any temporizing with the Spirit of Agitation which aims at giving Currency to such Ideas, or by yielding to such Propositions as would weaken the Streiin'th of our Government by infusing a greater Portion of Democracy into the Constitution. Tiiat your Excellency may continue to prosecute your Administration on Constitutional Principles, remembering the Duty due to yoi r King and Country, furnished from Above with higher and nobler Motives tiian a Desire of temporary Popularity or a Fear of temporary Blame, is the since ' Prayer of your Sovereign's loyal and dutiful Subjects, and your Excellency's most respectful and most obedient Servants. (2,6>28%Hn/Hm.) No.2l. Sir F. B. Head to Lord Glenelg. 30th May 1836. Enclosures. es which I have . B. Head. To His I'^xcellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of tlu' Prussian Militiuy Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. We, the undersigned Inhabitants of the Newcastle District, beg leave to assure your Excellency that your firm and ujjright Conduct as the Repre- sentative of our King, lately manifested in your Determination strictly to (41.) P p adhere 298 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 21. Sir F. n. Head to Lord Glenclg, 30th May 1836. Enclosures. adhere to the Pihiciplos of the Constitution of this Province, whilst at the same Time \\c have your Excellency's Assurance " cautiously yet efiectiiallv to correct all real (Jrievances," has not failed to renew in us the warmest Sentiments of Attachmeiit to the Crown, and to engage our firm Support to your Excellency's C rment. Possessing the m-i "voted Attacl'.meiit to our Parent Cotnitry, her Insti. tutions and Laws, aii osirous that her Influence should ever predominate in all her Dependencies, we cannot tofv strongly deprecate any Attempt to sulnert tiiose Institutions and destroy that Influence. Your Excellency may therefore rely tipon our cordial Co-operation in your laudable ami jiatriotic Endeavour to maintain inviolate in this Country the Advantages of Ihitish Sujjremacy ; and we hereby pledge ourselves " Heart and Hand to join your Excellency in loyally jjromoting the Peace and Pros- perity of the Pro\ince, in sliielding your Excellency from Insult, and clieerini' and accompanying you in your Progress tcAvards Reform." (3,986 Stymtures.) To Ilis Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Militarj- Order of Merit, Lieutenant Governor of the Province of Upper Canada, kc. kc. he. The Petition of the Inhabitants of the Town of Kingston — Humbly showetli, Tiiat we deem it unnecessary on this Occasion to reiterate the Expression of our Loyalty : That we consider the present Distress of the Province is in a great measure owing to the unwarrantable Conduct of the present House of Assembly iii stopping tiie Supplies : That we humbly request your Excellency will exercise the Royal Preroga- tive, by dissolving the present Parliament, in the Hope that at a new Election Members may be ciiosen, a Majority of whom will have the true Interests of the Country at Heart: And your Petitioners, as in Duty bound, will ever pray, &c. Kingston, !27th May 183G. (471 Signatures.) To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoxenan Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &:c. kc. &c. ^Ve, His Majesty's faithful and loyal Subjects, Inhabitants of the Township of Kingston in tlie Midland District, most respectively crave leave to address yoiu- Excellency at this Time of political Agitation. We owe it to your I^xcellency to ex])rcss our high Sense of your digiiiliecl, manl\-, and firm Conduct in the Administration of the Affairs of this Govern- ment since your Accession thereto, and do assure you that we receive with unfeigned Satisfiiction the repeated Assurance of your Excellency's Deter- mination to maintain in\ iolate tiie accepted Constitution of tliis truly fiei; and fine Country, at the same Time that yoiu' Excellency expresses equal Ucaili- ness as Determination to remove and remedy prom])tly any real Cjrie\anccs which may be f()und to exist. On all these your Excellency's Assurances we rely with tiie utmost Confidence. Tiie Honourable Gentlemen at ])resent composing your Excellency's Execu- tive Council are fiivourably known in this Province, and highly respected lor Talent and Integrit}-, and as such we esteem them entitled to your Excellency's Confidence in their elevated Situations. We must not omit to assure your Excellency that v/e deem the present Government highly eflective, ami deserving of the Support and Respect ot every Member of this growing Community. " That we witness with iniqualifie'l Indignation ON THE SUBJECT OF CANADA. 299 tlie Expression of sc of Assembl)' i Indignation the zealous Efforts of active Leaders of a discontented Faction, who unceasingly devote their utmost Energies to the Dissemination of vicious Principles and baneful Discontents, exitious to the Growth in Population and Prosperity of this otherwise happy Colony, and contrary to the Senti- ments and Feelings of a large Majoritv of the Inhabitants of the Province, comprising all that is loyal, wealthy, and influential in the Eand. We iec\ assured that by Perseverance in the constitutional Course which has hitherto distinguished your Excellency's Administration their Machinations will be neutralized. Long may your Excellency continue to rule over us with the Candour and Honesty, the Firmness and Dignity, so consistent with the high Character you have so justly attained. Township of Kingston, 18th April 183G. (112 Signatures.) To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. Wc, His Majesty's faithful and loyal Subjects, Inhabitants of the Township of Loborough in the Midland District, most res pectfully crave leave to address your Excellency at this Time of political Agitati on. We owe it to your Excellency to express our high Sense of your dignified, manly, luid firm Conduct in the Administration of the Afifliirs of this Go\ern- ment since your Accession thereto, and do assure you that we receive with unfeigned Satisfaction the repeated Assurance of your Excellency's Deter- mination to maintain inviolate the accepted Constitution of this truly free and line Country, at the same Time that yoiu' Excellency expresses equal Readiness as Determination to remove and remedy promptly any real Grievances which may be found to exist. On all these your J^xcalency's Assurances we rely with the utmost Confidence. The Honourable Gentlemen at present composing your Excellency's Execu- tive Council are favourably known in this Province, and highly respected tor Talent and Integrity, and as such we esteem them entitled to your Excellency's Confidence in their elevated Situations. "We must not omit to assure your Excellency that we deem the present Pro- nncial Administration as highly efltectivc, and deserving of the Suj)port and Respect of every Member of this growing Comnuniity. That we witness witli unqualified Indignation the zealous Efforts of active Leaders of a discon- teiiVed Faction, who unceasingly devote their utmost I'aiergics to the Dissemi- nation of vicious Principles and baneful Discontents, exitious to the Growth in Population and Prosperity of this otherwise happy Colony, and contrary to the Sentiments and Feelings of a large Majority of tlie Inhabitants of the Province, comprising all that is loyal, wealthy, and influential in the Land. We feel assured that by Perseverance in the constitutional Course whicii has hitherto distinguished j'our Excellency's Admhiistration their Machinations will be neutralized. Long may your Excellency continue to rule over us with the Candour and Honesty, the Finnness and Dignity so consistent with the high Character you have so justly obtained. Loborough, iiJOth April 1836. (114 Sif/naturcs.) No. 21. Sir F. B. H»d to Lord Glcneig, 30th May 1836. £nclo8urei. To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian (iluelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, Kc. &c. &c. We, His Majesty's dutiful and loyal Subjects, Inhabitants of the Townships surrounding Kingston in the Midland District (not having attended the Public (41.) P p ;v> Meeting \ i;!: 300 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 21. Sir F. B. Head to Lord Glenelg, 30th May 1836. Enclosures. Meeting: convened at Kingston, but attoniling on the Court of Quarter Sessions,) thus most respectfully tiikc leave to address your Excellency at this Time ot senseless and fruitless Agitation. AV'e owe to your Excellency the Assurance of our high Sense of your dignified and uncompromising Conduct in your Management of the public Afiairs of this Province smce your Accession to the Government ; and we receive with un- feigned Satisfaction your Excellency's Promise to maintain inviolate our happy Constitution, at the same Time that you evince equal Readiness as Determination to remedy any real Grievances which may be found to exist. On this Promise implicit is our Reliance. Your Excellency's present Councillors are Gentlemen of Integrity and Talent, and in the Selection, as well as in your every Act with which we arc acquainted, you have given Evidence of sound Judgment and Imi)artiality. "We witness with unqualified Indignation and Contempt the anxious Efforts of the zealous Leaders of a di.scontented Faction, wiio unceasingly devote their utmost Energies to tiie Dissemination of vicious Principles and baneful Dis- contents, destructive of the Growth in Population and Prosperity of this favoured Portion of His Majesty's Dominions, and contrary to the Sentiments and Feelings of a large Majority of the Inhabitants of this Province, comprising all that is loyal, weaitiiy, and influential in the Land. We assure your Excellency, however zealous these Factionists have been or may continue to be, that the honest and industrious Yeomanry of Upper Canada will soon jjerccive tiie Delusion ; and that they, with us and the present great Bulk of the Poi)ulatiou of this Country, will rally round the British Standard, and constitutionally maintain our happy Connexion with our beloved Mother Country unimpaired. We are sensible of the Designs of the Factionists ; and we assure your Excel- lency that we shall at the next Election show to the Country our Determination to support only Constitutional Members. Long may your Excellency guide us with the Zeal, Temper, and Deter- mination we now most heartily thank you for. (105 Signatures.) '0 To His Excellency Sir Francis Bond Head, k. c. n., Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. We, the undersigned Inhabitants of the Township of Marmora in the Mid- land District, most respectfully take leave to address your Excellency at this Time of needless Excitement. We assure your Excellency of our firm Allegiance and unfeigned Attachment to the Britisli Crown and Constitution, and our ever Readiness lo support the Connexion of this Province with that Crown and Constitution at any Sacrifice. As there is not One Radical in the whole Township, we would deem it superfluous to say more on the Subject of your Excellency's Administration of this Government, than that we cannot too highly approve of the manly and dignified Course you have pursued ; and we sincerely hope your Excel- lency will never submit to the clainorous Brawlings of a Set of very discon- tented Factionists, who by undue Means are striving to embarrass your Proceedings. Long Life fn your Excellency, and God save the King, so pray his attached and faithful Subjects. (57 Signatures.) Marmora Iron Works, 20th April 183G. ON THE SUBJECT OF CANADA. Ml To His E;cccllency Sir Francis Bond HcatI, Kniglit Commander of the Royal Hanoverian Giielpliic Order, and of the Prussian MiUtary Order of Merit, Lieutenant Governor of tlie Province of Upper Canada, &c. &c. &c. The Petition of the Subscrihers, Inhabitants of the District of Newcastle, Respectfully showeth, Tiiat while we are highly gratified at the spontaneous Expression of Loyalty wliicli your Excellency's straightforward and manly Coinsc during your Ad- ministration of the Government has called forth from the People of this Pro- vince, we cannot but see how utterly unavailable will be the wise and benevolent Intentions of His Majesty's Government, as evinced in Lord Glenelg's Instructions, unless that Feeling be also represented in the House of Assembly. That with these Views, and seeing no Prospect of your Excellency's being enabled with the present House of Assembly to extricate the Province from the dej)l()rable ijtate into which the Stoppage of the Supplies has thrown it, and fully persuaded, from the Conduct pursued by thc})resent House of Assembly, that your Excellency cannot, without a Compromise of the Honour and Dig- nity of the Crown, again meet that Body, we most cordially and respectfully request that your Excellency will exercise tlie Royal Prerogative, by dissolving the present House, and thereby allowing an immediate Appeal to the Free- holders of the Country. (217 Siffmititres.) No. 21. Sir F. n. Head to Lord Glenelg, 30th May 1836. Enclosurci. To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, the Board of Commissioners representing the imited Townships of Leeds and Lansdown, (Rear,) appointed by the People at their annual Town- ship Meeting, with the Magistrates and other loyal Inhabitants of the said Townships, feel it to be a Duty we owe to ourselves, our Sovereign, and our Country, humbly to] approach your Excellency, and to offer oiu' grateful Con- gratulations on the happy and auspicious Opening of yoiu' Excellency's Ad- ministration. Wc have perused with much Satisfaction the Instructions issued by His Majesty's Principal Secretary of State for the Colonies, and communicated by your Excellency to the Provincial Legislatiuc ; and we rely with Confidence on your Excellency's Determination to carry the same into practical Opera- tion. The greatest Grievance under which we have hitherto laboured, and which we still sutler, is, that Persons of American Birth and Predilection should be exalted to Oflice in this British Colony, to the Prejudice of loyal natural-born Subjects ; and that Aliens by Birth and in Principle should be invested with Political Power, especially the Elective Franchise, while Thousands of loyal British Emigrants, of steady, moral, and industrious Habits, are deprived of that important Power ; but we trust that, under your Excellency's Administration, these Evils will will be corrected ; and that none but Persons of " undoubted Loyalty" will be permitted to fill any OtHce, Civil or Military, in this Province. On your Excellency's just Determination to ui)hold the Prerogatives of the Crown, without entrenching upon the Liberties of the Subject, we rely with the most unlimited Confidence ; and we view in your incipient Administration the Prospect of a steady, efficient, and impartial Govermnent tor this rising and im- portant Appendage of the Bri^'sh Empire. Lansdown, SOtTi April 183G. (41.) (106 Signatures.) Pp 3 Ogle P. Gow.\n. C. Stafford. John Berry. Commissioners for tlxe united Townships of Leeds and Lansdown (Rear). 308 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 21. Sir F. B. Head to Lord Glenelg, 30th May 1836. Enclosures. To His Excellency Sir Francis Bond Head, K.C.H., Lieutenant Governor of Upper Canada, &c. &c. &c. My it please your Excellency, We the undersigned, His Majesty's loyal Subjects residing in the Front of the Townships of Leeds and Lansdown, (Front,) in the District of Johnstown, respectfully beg to approach your Excellency, as the Representative of our most Gracious Sovereign, and as tiie firm Defender of the Provincial Charter of our constitutional Liberties. It is with much Pain we have viewed the wily Machinations of disappointed Indi- viduals to cast Odium on your Excellency's Administration, and to sow the Seeds of Excitement and Ill-will, if not of Sedition, in this fertile Province ; but we trust the l^ay is not far distant when an 0])portunity will be afforded to the loyal Electors of the Colony to j)urity oiu' present House of Assembly, by infusing into it a larger Portion of British I'eeliug, and a more sincere Regard for the common Courtesies of recognized Society, as well as greater Zeal for tlie public Service. That your Excellency may be long continued to administer the Government of this Province, andtoupliold the Liberties of His Majesty's Subjects therein, is the ferv -.i Prayer of your Excellency's most obedient Servants, whose Names are written underneath. Lansdown, 11th May 1836. (53 Signatures.) »»• To His Excellency Sir Francis Bond Head, Knight Connnandcr of the Royal Hanoverian Guelphic Order, and of tlie Prussian ^Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it ])lease your Excellency, We, the undersigned Inhabitants of the Township of Medonte, County ot' Simcoe, beg kune to assure you of our Fidelity and Attachment to the Persou and Government of our beloved Sovereign William the Fourth, who, in appointing you to the (jovernment of Upper Canada, and instructing you to reform whatever your I'^xeelleney may after mature Examination find amiss, has shown his fatherly Anxiety for tlie Welfare of his Subjects in this remote Portion of his Emjiire. The Connnons llouse of Assembly, at the Close of the Session of 1835, took upon itself, uninfluenced by public Opinion, to transmit to the Colonial Secretary of State a long Rejjort of the (irie\ances under which we M'ere snpj)ose(l to suffer, and yoiu- Excellency naturally looked f()r the corilial Co-operation of the Assembly in the Application of such remedial Measures as might he f'omid exjK'dient. Vain Expectation ! Domineered over and influenced by the factious Spirit of the Majority, the House of A.ssembly disa])pointed your Hopes, and, after systematically ojjposing your Excellency's (Jovernnunt, com])leted the di.s- graceful Session of tiie ])resent Year by withhokling the Sup])lies. It is Time tiiat a loyal and industrious People should inter])ose, by luimbly im])l()ring your Excellency to api)ly a prompt Remedy to sucli fiictioiis Pro- ceedings, by dissolving the Connnons House of A.ssemhiy, that in conjunction with oiu- Fellow Subjects we may elect to represent us in the Great Council of the Province experienced and loyal Men. Accustomed as we are to many Privations in toiling to clear these back Woods, we have at least the Consolation of reflecting, on retiring at Sunset to our SI'auties, that we ha\e in your Excellency a Friend and Father, wlio will ])rove the faitliftd (luardiau of our just Rights and Privileges, and shield us against the Machinations of a J'aefion, which, while it prol'esses to wish for Reform, in reality longs only for Revolution. May your Excellency, under the Protellion nf Divine Providence, loiii: continue to g-overn His Majesty's loyal Subjects of Upper Canada. Medonte, County of Simcoe, iGth May 183G. (80 Signature.) ieutcnant Governor (53 Signatures.) ON THE SUBJECT OF CANADA. aoe To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guolphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, tlie undersigned loyal Freeholders and Householders of the Township of Pickering, beg leave to ])resent yoiu' Excellency with this our humble but sincere' Address, dictated by the ardent and s})ontaneous Feelings of our Ilcaits, at this momentous Crisis in the ])olitical History of our hitherto [until of Ken) Inte Ycnrs') peacefld Country ; to assure your Excellency, not only of the Admiration which your extraordinary TaL-nts and Decision of Cluinu'tcr, as well as your Qiiiclv-sightedness into the main Springs of all our Troubles, has excited, but of our tirm Determination to sui)j)ort the Views vou have taken of the true Spirit and Meaning of the Constitution of this Province as by Charter established, and in an especial Manner to preserve inviolate the IxTEGurrY of the Biuxisii Empike (the Uiost glorious at this or any other Day on the Face of the Earth), (?ven at the Risk of our Lives and Property, should such a Sacrifice be requisite, in the Vindication of our Rights, against the Underminings and insidious Attacks of a Cabal, which has been lormotl by a few of the most mischievous and worthless of our])ub!ic Characters, whose Endeavour f()r several Years ])ast has been to jioison tin; ]Mincls of the more illiterate Classes of our Population by every Species of Misrepresentation and Falsehood ; to abuse all om- niost valued Institutions, including even those designed for Education and charitable Purposes ; and to calun.niate oiu' best Citizens, because most staunch to the best Interests of their Country ; and to bring, whenever they imagineil an Occasion offered, the biiMniiAL Goveun- MENT itself into Hatred, as being tyrannical and unjust; all but too evidently for the Purpose of creating Anarchy and Confusion, ](re])aratory to the Overthrow of all we hold most sacred, and the Establishment of the very worst Descripiion of Republicanism ! We have viewed with Delight the singular Firnmess and Clear-sightedness dispiaycd by your Excellency when assaileil by all the Virulence of Party Spirit and upon all Sides, immetliately upon yom- laniling in this Country, unmindful of your high Hehest iu being the Rearer of glad 'J'idings from our beloveil and most (Jracious Sovereign, whose Desire it clearly is to grant eve " reasonable Boon, and to heal every Wound, whether real or imaginary. Wo have seen with inexpressibleSatisfaction your Excellency at once draw the Teeth of the factious by becoming the L^Xml Ih'Jhniicr'iw your own Person; that is, by publicly declarmg your Commission to be the Removal of every Grievance, real or pretended, and to govern our fine Province strictly in ac- cordance with the Letter anil Spirit of our (iUKAT CoxsTrrunoxAL CuAurEH. We have seen also with eipial Pleasure the Quickness of your Perception into the Nature and Ed'ects of thai MrlroiiolifdHiwd Ixitiiful lumii/j/ Injlacnre to which so large a Portion of our Provincial Complaints are justly attributable ; ;md the Manliness and lnde])endence of your Conduct, in at once standing aloof, ;ind snapping asunder the Cords and Meshes of the Nets that were arttiiHy intended to liave been thrown ov r all your Proceedings, even as they had been ilnown, with too nnicli Success, over the Proceedings of nearly all your Predecessors since the Davs of the revered (ieneral Simc()>'. ^Vith Feelings of Indignation we have not Language sulliciently strong to express, we have beheld the latest Frtbrts of the disafl'ected to embarrass your I'Acellency's (Jovernment by williliolding (he usual Supplies, and that too .It the Instigation of the Arch-'l'railor of the Lower Province, who has dared I" hint, that, when necessary, the wretched Crew untler his Connnand will comt' h) flu; Assisfaiivt; of the still more wretched and execrable Faction here, under the Management of an Individual who is equally liable to hnpeaclnneut l"i' treasonable i'ract ices. We are thankflil, howe\er, that for once f/uit^ hidividual neglected his usual Cantion, and became guilty of a high Rreaeh of Piivilegc, by laying the infamous Connnunication of Papineau on tlie Table "f onr Ass('inbly ;' thus clearly showing beyontl the J'ossibility of Doubt till' close Connexion which subsists between the disaffected of both Provinces ; '"111 that a regular System to overthrow our Constitution, anil introduce an (td.) P p l< accursed No. 21. Sir F. B. Head to Lord Glenelf;^, 30th May 1836. Eoclosurega m\ %',• V 304 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 21. Sir F. B. Head to Lord Glenelg, 30lh May 1836. Enclosures. accursed Democracy, has been organized. It is impossible to mistake the Signs of the Times. Amidst these revolting Circumstances, which require no Enlargement on the present Occasion, we look with Confidence towards your Excellency. Your entire Conduct from the Commencement of your Administration has given us unmingled Satisfaction. We consider your Excellency as peculiarly well qualified to administer our public Afiliirs at the ])resent Juncture, when so much Energy is required ; and we cannot but feel grateful to His Majesty's Ministers for having selected one so highly gifled both by Nature and Education as the Representative of His Majesty's in this Province. lie assured that an immense Majority of the sensible and well-informed and in every Sense tiie most weighty and respectable Portion of the Population of tlie Province, are decidedly ivitJi, your E.rcellenct/. For our own Parts although our Numbers in tliis but partially settled Township may not be grea{ your Excellency has not only our most fervent Prayers and best Wishes, but may rely upon our Services in any "Way they may be required f()r the general Good. We have only to add, that we trust your E;;cellency will take the earliest Opportunity of exorcising your high Prerogative In an Appeal to the good Sense of tlie Community at large, by a Dissolution of the present House of Assembly. (151 Sif/7iafures.) To His Excellency Sir Francis Bond Head, k. c ii., Lieutenant Governor of Ujiper Canada, &:c. &c. &c. May it please your Excellency, We, the undersigned, His JNlajosty's loyal and dutiful Subjects, Inhabitants of the Township of Bastard in the District of Johnstown, beg leave to approach your Excellency with Sentiments of unfeigned Respect. We assure your Excellency that we cordially aj)provc of your Excellency's Administration of the Provincial (iovernnient, anil repose the fullest Reliance on your just Determination firmly to uphold the sacred Princij)les of our glorious Constitution, and cautiously, but effectually, to remove all real Grievances. In this fixed Purpose your Excellency will be certain to find a ready and steady Co-operation from your Excellency's obedient and humble Servants. Beverley, Township of Bastard, C^5th April 1S3(J. (95 Siffnatures.) To His Excellency Sir Francis Bond Head, K. t. II., &:c. &:c. &c., Lii iiten?nt Governor of Upper Canada. May i' ])Iease your Excellency, The Inliabilants of the Town of Woodstock and County of Oxford beg most respectfully to approach jour Excellency, at this iinj)ortant Crisis in the Affairs of tliis Province, with the iinieigned Expression of their Loyalty to the King, of their Attachment to the Con.stitiition, and of their Determination, ns far as in them lies, to uphold yotu' Excellency, as the Rej)res( ntativc of their Sovereign, in the unsiiaekleii Mxerci.se of the important Duties imposed upon you by the Royal Ap])()iiitnu'nt. The unilersigned venture to claim a Participation in the Desire to witness the Removal of every acknowledged Abuse, and the Administration of pnrcand impartial Justice ; but they are persuaded that lhe.se Ends, of paianioiiiit Interest in themselves, can only be eH'ected by Means which the Constituticm furnishes. Any Attempt ol'one Branch of the Legislature to infringe on the Prerogatives of anotiier must be attended with Confusion, and, unless consti- tutionally resisted, and successfully n gelled, must end in Anarchy antl the Destruction of the social Com])aet. The undersigned deeply regret that sncii an Inlringement on the Prerogati\c ^•ested in your Excellency sliould have been attein])ted by the Commons House of Assembly. They are convinced tlwt the Measures of late resorted to b^ the House, but especially that of^ stopping the Supplies, must have originated in a factious Desire to harass the Executive Govcinnienl a mistake the Signs (151 Signatures,) enant Governor of ON THE SUBJECT OF CANADA. 305 Governinent, and to force the Representative of the King into an unlawful Surrender of his Riglits ; and therefore tliey, in the Exercise of their Consti- tutional Privilege, present tlieir ready Assurances to your Excellency, tiiat they are prepared to make any Sacrifice, should the Urgency of the Case demand it, in order to preserve inviolate tlie Constitution, and to suj)]iort your Excellency in tlie Discharge of the high Functions of your Office as Lieutenant Governor of tliis Pro\'ince. The undersigned gratefully recognise in the Sentiments expressed hy your Excellency in the Speech from the Throne at tlie Prorogation of the Parliament the Principles of a soiuid Policy, and they feel ])ersuaded that your Excellency will best promote the Interests of this Province at the present Crisis by explaining to the People those several Objects alluded to by your Excellency ; more particularly by ensuring to them the BencHts that must result from the Provision of a plain practical Education for the rising Generation, and the Blessings of the Christian Religion, which inculcates " Glory to God in the liichest, and on Earth Peace, Goodwill towards Men. Woodstock, 4tli May 183G. (373 Sirfiiatures.) No. 21. Sir F. B. Head to Lord Glenelg, aotli May 1836. Enclosures. To His Excellency S'v Francis Bond Head, k.c.ii., &c. &c. &c., Lieutenant Governor of the Province of Upper Canada. May it jdease your Excellency, We, the Inhabitants of the Townships of Nelson and East Flamboro', in the District of Gore, beg leave respectfully to address your Excellency with Senti- ments of Esteem, notwithstanding the unusual Events which have recently occurred in your Administration of the Government of this Province ; Events which could not have been anticipated when your Excellency arrived here, charged with His Majesty's gracious and special Instructions to do strict Justice to all Parties, which Instructions you, Sir, assure us you are determined to carry into full Effect. Being convinced that there are Errors in all political Extremes, such as have unfortunately too long agitated this fine Country, and that there may be with most of us much to be forgotten and forgiven, we must highly approve of your Excellency's Conduct in not attempting to conciliate any political Party, and in fearlessly and undisguisedly pursuing a straightforward Course ; and we cannot but hope that tlie good Sense and good Feeling of the Yeomanry and Farmers of Upper Canatla, when appealed to by the Representative of their Gracious Sovereign, will induce them to banish from their Minds that political Phrensy under the Influence of which they have been led to countenance Measures hostile to their best Interests. We solenudy assure your Excellency, that we will join Heart and Hand with you in endeavouring to promote the Peace antl Prosperity of this Province, k'ing well assured that in so doing we will render more firm and durable our Connexion with the Mother Country. That your Excellency may long continue to fill the honourable Station you now occupy, and be enabled to accomplish every necessary and practicable Measure of Reform ; that you may continue to enjoy the Confidence of our Gracious Sovereign ; anil finally, that you may be greet eil at last by the Sovereign of all, with the Plaudit of" well done, good and tailhfid Servant," is the sincere Desire of your Excellency's most obedient Servants. Nelson, 30th April 183(3. (3G0 Sii/mitiirfs.) m m To His Excellency Sir Francis Bond Head, Knight of the Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieu- tenant Governor of the Province of Upper Canada, kc. Sec, kc. May it please your Excellency, We, the Session and Congregation of St. Andrew's Church, Aldborough, London District, in connexion with the Cluuvli of Scotland, Beg leave to address yom* Excellency, and nu)st respectfully to convey our Sentiments regarding the unexpected Resignation of the late Executive Council. (H.) Qon the high-handed and in our History hitherto unknown Measure of " stopping tl.e Supplies." In li> this C sions, to joii tion which to cheer yc trust that Mission yoi for having { tlie frank ar contained ii rogation of and Wishes, your Excell on soincthin Multitude, i To Hi Hi of &( May it ■\Ve His A Ernest Tow Assurance o ment, and which, equa we regard ai Union betw( Deeply imp Purity and the benefice) all real Gri( Pro\ince, w which have 1 undermine tl deprecate th liap])y and pi the Ability, and defendei rests of the ] pretended R ourselves to K.xercise of our Graciou: all Attempts To II i> Ro of We, the 1{ vour Kxcelle I'oiirtli, anil iic'xion with llepresentati I. iiistiation of We, the u liave long be (U.) Support in «liicli you g the Interests of ON THE SUBJECT OF CANADA. 307 li, this Crisis we feel it our Duty, however feeble our Influence or Preten- sions, to join our weak Voice to the loud Cry of Encouragement and Appioba- tion which we feel confident is arising from one End of the Province to anotlier. to cheer your Excellency, and to confound your factious Adversaries. We trust tliat your Excellency will yet succeed in the beneficent Object or" the Mission you are so well adapted to fulfil. We sincerely thank your Excellency for having protected the Constitution of the Province. We gratefully receive tlie frank and explicit Declaration of your Excellency's future Course of Policy, contained in the latter Part of your admirable and gracious Speech on the Pro- rogation of the Provincial Parliament, which so entirely expresses our Wants and AVishes. And we heartily pray, that through a long and prosperous Life your Excellency may enjoy that Peace and Happiness which, as it is founded on something more firm and stable than the fickle Breath of the capricious Multitude, is entirely unruffled by the Clamour of vain and foolish Men. (283 Sif/imtttres.) No. 21. Sir F. B. Head to Lord Glenclg, SOth May 1836. Enclosure!). lilil To His Excellency Sir F. B. Head, Knight Commander of the Royal Hanoverian Guclphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, Wc His Majesty's dutiful and loyal Subjects, Inhabitants of the Townships of Ernest Town and Amherst Island, beg leave to convey to your Excellency the Assurance of our unalterable Attachment to His Majesty's Person^and Govern- ment, and to the free Constitution of this Pro\ ince as by Law estiiblished ; vhicli, e(iually removed from the Extremes of Des])otism and popular Licence, we regard as the sacred Charter of our Rights and Liberties, and as a Bond of Union between us and the great Emjjire of which we are jjroud to form a Part. Deeply impressed with these Sentiments, and iiaving full Confidence in the Purity and Integrity of your Excellency's Intentions to carry into full Ett'ect tJie beneficent and liberal Instructions of His Majesty's Government, to redress ail real Grievances, and to promote the true Interests and Prosperity of the Province, we have witnessed with extreme Regret the unceasing Attempts uliicli have been made to embarrass your Excellency's Administration, and to undermine the liapj)y Constitution under which we live. While we sincerely deprecate those Proceedings, so injurious to the best Interests of this otherwise liappy and prosperous Colony, we cannot but e\))ress the high Sense we feel of the Ability, Einnness, and Temper with which your Excellency has maintained and defended the just and legal Prerogatives of the Crown and the true Inte- rests of the People agahist the iMicroachments of irresponsible Advisers and of pretended Reformers. We do thereibre, as in Duty bound, solennily pledge ourselves to the utmost of our Power to support your ICxcellency in the just Exercise of the lawfiil Authority that has been intrusted to your Excellency by our Gracious Sovereign, for the Benefit of His Subjects in this Province, against all Attempts to oppose or subvert the same. (438 Siijmi/iiri.t.) To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelpliie Order, and ol' the Prussian IMilitary Order of Merit, Lieutenant Governor oi' Upper Canada, ^-c. Sec. &c. We, the loyal Inhabitants of the Township of Scarborough, hasten to assm'o yoiu' I'Aeellency of our faithful Allegiance to His Majesty King William the fourth, and likewise of oiu- earnest M'isli (o continue our present ha|)py Con- nexion with Great Britain ; at the same Time we beg leave to assure you, tiie llepresentative of our venerable Sovereign in this Province, of our uiiiliueliing Support in your Prosecution of those wise Measures and constitutipiiiious of the Majority of the present House of Assembly iliffer widely from ours, and we anticipate Evils of no ordinary Magnitude from a Continuance of a State of Things in which the personal Opinions of tiie People are not expressed by their Representatives. We therefore respectfully pray your Excellency to exercise the Royal Prero- pitive in this IJehalfi to dissolve the present Parliament, and to order a new Election at such Period as to your Excellency shall seem fit. And your Petitioners, as in Duty bound, will ever pray. (112 Signatures.) At a Meeting of the Inhabitants of Camden East arul its Vicinity, held at the Camden Hotel, Clark's Mills, on Saturday Evening the Kith April 1836, Samuel Clark, Esquire, having been called to the Chair, and Dr. F. R. Purcell appointed Secretary, the following Address was unanimously adopted and signed : To His Excellency Sir Francis Bond Head, Knight Commander of the Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. May it please your I'lxcellency, We, His Majesty's loyal and fiiithful Subjects, the Inhabitants of Camden East and its Vicinity, beg leave humbly to address His Majesty's Represen- tative, and to assure your Excellency of our undeviating Loyalty and firm and unalterable Attachment to our Constitutional Act, which confers on us Blessings and Privileges ecpial to our most .sanguine Desires. The |)resent excited State of jiolitical I'Veling which prevails in this Colony has induced us to forwanl this Address to your Excellency, in which we would respectfully represent our entire Ajiprobatiou of your Excellency's Conduct since called to legislate in this Province, and to assure your Excellency of our humble but cordial iMideavours to aid your ICxcellency in preserving inviolate ihe Wliole and nothing but the JV/iole of the great Charter and Bulwark of our Liberty, tiie Constitutional Act. To our revered Sovereign we can never feel sulHciently grateful for seiuling us as our chief Legislator a Person so ably (pialitied to perform the arduous Duties which it has fallen to your Excellency's Lot to discharge ; and we at the same Time would assure your Excellency of our l)isa])i)robation of the Doctrines held forth by a certain political Faction in this Province. Constitutional Reform we earnestly desire -, and we feel assured that your Excellency, qualified as you are to remove them, will not tolenite the Con- tinuance of any Abuses which unfortunately may have crept into the Adminis- tration of this Colony. ('240 Signatures.) To His Excellency Sir Francis Bond Head, k. c. ii.. Lieutenant Governor of Upper Canada, ikc 6cc. ;n:c. May it please your l-lxcellency. The Inhabitants of the Township of Elmsley in the County of Leeds humbly approach your Excellency with Assurances of their devoted Attach- ment to the Person and Throne of their most Gracious Sovereign. (H.) R r They No. 21. Sir F. n. Head Lord ilenclg, SOtli > ,iy 181)6. Enclosures. li," t'4 ;!:j 814 DESPATCHES I'KOM SIR F. B. HEAD, Bakt., N.0.21. Sir F. B. Head to Lord Glenclfj, 30th May 1836. Enclosures. Tlicy liavc viewed witli Pain aiul Iiullgiiation the Attempts, foniontcd by political Agitators, to bring Odium on your lAcullcucy's Adiuiuistratioii ; but tlu-y are satisHed that tlie Energies of the loyal and weil-afleeted will prevail, and that the Contem])t and Scorn of every good and honounihle Mind will be poured out upon such restless Spirits of Agitation and Anareiiy. That your Excellency may be long spared to |)ersevere iu your honest, oj)en, anil manly Course, invigorating our Constitution by the Removal of all real Grievances, but firmly ii|)liol(ling the sacred Edifice itself, is the most anxious Desire of His Majesty's loyal Subjects, whose Names are undersigned, Sniithsfalls, Township of Elmsley, (58 Sii/mUuns.) 4th Mav lS.3(i. To His Excellency Sir Erancis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, £cc. &c. &c. May it i>lease your Excellency, We, the undersigned Inhabitants of Richmond and Vicinity, hailed with sincere Pleasure the Announcement of your Excellency's Arrival amongst us as our Governor, and from the canditl :md courteous Manner in which you have commenced your high official Situation we anticipate the most lia])])y Results. That, although we feel Regret at the indiappy Difference of Opinion existing between your Excellency and late Executive Council, yet we would deem it Prcsi'.m})tion to offer any 0])inion as to how far the Constitutional Act ])rescril)cs to the Council the Latitude of " the Affairs of the Province;" but we caimot refrain from expressing oui A])i)rol)ation of tmc good Sense and clear Reasoning which characterize yoiu* Excellency's Rei' v to the Re])re- sentatioii sidimitted to you by your late Council. The CofU^'y of Carleton, of which we form a Portion, has long been famed for its Loyalty and Attach- ment to the British Go\ crnment ; having been nurtured with British Eeelings and Habits, tiiey have grown with our (irowth, and neither the Designs of the crafty nor the Turbulence of the dissatisfied can shake O'lr Attaclimcnt to the British Constitution. Sensible of the inestimable Benefits which we derive from oar Connexion with the Briiish Government, we desire respectfully to tender our Thanks to your Excellency for solemnly ])ledging " to maintain the hapj)y Constitution of this Country inviolate, but cautiously, yet effectually, to correct all real Grievances;" and we have learned with Regret the Attemj)ts wliich have been made to embarrass you in your well-directed Efforts ; but we place implicit Confidence in your Administration, and can concei\e no better Guarantee against such Attenijits than that o))eu, manly, and disinterested Conduct which has hitherto rendered you so conspicuous. (225 Sif/naturcs.) «0: ::i, To His Excellency Sir Francis Bond Head, k.c.ii., &c. &c. &c. Mav it please your Excellency, "We, the undersigned Inhabitants of the Township of Glanford in tlic Gore District, and the neighbouring Settlement on the Road leading to the Grand River, beg leave to express to your Excellency our firm Attachment to the Constitution of our Country and British Institutions. ^^"e cannot but view with Feelings of deei) Regret the invidious Attempts that have lately been made to embarrass your Excellency in the Administration of the (Jovernment of this Province; and we avail ourselves of this Privilege to ex])ress our imbiassed ()])inions in favour of the gracious Benefits protl'ered us by our beloved Sovereign through your Excellency, and the anxious Desire your Exc(?llency has manifested that the People of this Province should enjoy all their Constitutional Privileges ; and we cannot refrain from declaring with " mv Sover ward Pleasure" that we do prefer *' British Freedom and the British ;rcign to the Family Domination of an irresponsible Cabinet." ON THE SUBJECT OF CANADA. 315 It is with Surprise we loam that the House of Assonihly, in an unprecedented Manner, lias stopped the Supplies, \viiieh will inevitably be severely felt by all Classes of I lis Majesty's Subjects in this Province. We do assure your Excellency, in this our humble Kxpression of Sentiments, that we heartily respond to the Course of I'oliey your Excellency has declared you will " adopt." (l\2Sif/iiatures,) No. 21. Sir r. 15. Head to Lord Glcneig, 30th May 1836. Enclosures. nnnander of the To His Excellency Sir Francis Bond Head, k.c .n., Lieutenant Governor of Upper Canada, &c. &c. &c. May it ))leasc your Excellency, The Inhabitants of the Townshij) of Burjjc'ss in the Comity of Leeds, whose Names are undersigned, humbly be<^' to present to your Excellency this trivial Tribute of our Respect for your Talents, and our (iratitude for your manly and firm Defence of Constitutional Freedom. We beg further to assure your Excellency, that whatever Hankering may exist in the Breasts of others, or however ardently tliey may desire to embroil them- selves in the Guilt of Sci)aration and Rebellion, that in the People of this Town- ship His Majesty will find few Eivmies to His Crown, Dignity, or Govern- ment. Fully approving of your Excellency's " Listructions," as communicated to the Provincial Parliament, and sincerely desirous to see their Spirit carried into practical Effect, we desire to assure your Excellency that the People of this Township will be at all Times ready heartily to co-operate with your Excellency in so desirable and necessary an Undertaking. Burgess, 6th May 1836. (25 Signatures.) i-- m 1 !,;|u To His Excellency Sir Francis Bond Head, k.c.ii., Lieutenant Governor of Upper Canada, &c. &c. &c. May it please your Excellency, We, whose Names are undersigned, being the Board of Commissioners, Magis- trates, and other loyal Subjects of His ^Majesty, residing in the Township of South Crosby in the District of Johnstown, apj)roach your Excellency with our immble Offering of Praise and Gratitude for your Excellency's steady Support of British Principles, your able Administration of the Affairs of this Colony, and your just Determination to administer those Affairs in accordance with the true Spirit of Constitutional Liberty. The evident Proofs your Excellency has already a'ibrded of your anxious Desire to footer and encourage a Spirit of cordial Attachment to the Parent State induces us to ho])e, that under your Excellency's Administration the British Po])ulatiou of this Province will be more generally enfranchised, and their Constitutional Rights and Principles be thereby secured in the Colonial Legislature. That } our Excellency may be long continuoil amongst us, mildly but firmly to uphold the true Principles of Religion and Liberty, is the fervent Prayer of your Kxeelleney's humble Servants. South Crosby, !2'Jd April 1836. (99 Signatures.) m To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, His Majesty's dutii'ul and constitutionally loyal Subjects, Inhabitants of the Township of Bayham in the District of London, respectfully beg leave to approacli your Excellency, as the Representative of our most Gra- Cll.) R r 2 cious 'iMf No. 21. SirT. B. Head to f Lord Gknelg, 30tlj May 1S3G. Enclosures. «!».■. 316 DCSPA'J'CHES FROM SIR F. B. HEAD, Bart., cious Sovereign, and to express our Sense of Aj)prol)ation, with which we liiive witnessed the Acts of yonr Excellency's Administration since your A.ssinn))ti()n of the Co\""rnment of this Province. The last Two Years have indeeil been pregnant with Events involving tlie best Interests of this truly blessed Land in s])eculative Theories, in the souglit for Change in our Institutions, more than doubtful, even if the most favourable llojjes of the Change given Party could be realized, without any of the attendant Evils that inuxt follow all such visionary Experiments. As the Result of the many Applications to the j)aterual Govermnent of our most Gracious Sovereign, the Selection of your Excellency to preside over our Destinies for the avowed Pur|)ose of reforming all real Grievances is an Event which we hail as a renewed Assurance of His Majesty's paternal Solicitude for the lasting Happiness of His Subjects in this interesting Portion of His extensive Dominions. We have long been fully aware that :\n Blessings whicli paternal Care can bestow will ever satisfy those restless Dispo,sitions who seek only to exist in the Element of Confusion and Disconicnt, and with whom no Govern- ment, keej)ing in view any Traces or La idmarks of Constitutional Rights can ever be acceptable ; and it is wi;h painfid Feelings of Regret that we advert to One great Cause of the Connnotion which )iow agitates the public Mind, namely, the late Law, naturalizing without Discrimination all those who were resident in ibis Province on and who should continue to be so for the Space of Seven Years from the passing of that Act, as we arc now obliged to recognize the degrading Fact, that Persons who Twenty Years ago were among the Army of oiu' Invatlers, are now, luider that Law, exercising all the Rights of Subjects of His ]Majesty, and endeavouring, under its Mask, to effect what their hostile Armies could not achieve. Were it not for that baneful Measure, our Assembly would not now be degraded by Persons averse to Rritish Liberty and Litegrity, both from Listinct, Eilucation, and deeji-rooted Prtjudicc, of which Circumstance the ambitious Demagogue takes apt Advantage ; but we shall ])atieutly bear with it, in the Ho})e that when the late Accession of British Population shall be entitled to their Eranchise, our Legislature will present a more intelligent and British-like Appearance, as well as the more salutary Acquireuicnt of Talent and Intbrma- tion. Then, and not till then, will the gracious Acts of the best of Sovereigns be duly ap])reciated by the Re])reseutati\es of a loyal and a grateful Peoj)le. We ha\e witnessed with Regret the late Withdrawal trom your Excellenc)''s Confidence of the Executive Coiuicil, not as a Matter of such Lnport in itself, but a I'ruitful Source from which the speculative and disaffected can draw Strength in their Labours of Commotion and Alienation of the Peoj)lc, because it involves Questions by which the imiuformed are so easily misled. But the clear and distinct Manner in which your Excellency has so happily exposed the constitutional Eeatiu'es of the Question vntst have its due Weight with all sensible ami intelligent Men, and the rellecting Part of the Community at large. Your Excellency's happy Reference to that great Charter of our Liberties, the Constitution — at once directing to a rallying Point and Centre of Attraction, whenever our Rights shall be invaded, encourages us to hope, that, with that noble Bulwark, guided by the Master-hand of your Excellency, weave safe irom the Attacks of the designing Theorist. That the House of Assembly have refused the Supplies we regret much, foreseeing as we do the many Evils that must await the De]nMvation of the j)iiblic Servants of their just Remuneration, as well as the Ces.sation of Im- provement in our Roads, the Delay of Compensation to those who suH'erod in the late War, and the numerous Train of Evils attendant on such a rash Proce- dure, at this Period, as a Ketniu for His Majesty's gracious Intentions towards us; but we pledge ourselves liruily to alford your Excellency every Support at this trying Moment, against the wily Attacks of the Enemies of our Peace which becomes us as loyal Subjects of the King. This is not the Language of Flattery; it is but an Evidence of loyal Duty, which we offer upon the Altar of our Country's Good. The cheering Assurance of your Excellency, that whenever thcPeo])l<', tired of Agitation, shall be disposed to join Heart and Hand in loyally prouiotiii},' the Peace and Prosperity of the Province, they shall find you fiiithfully devoted to ON THE SUBJECT OF CANADA. SIT (0 their Service, demands our warmest AckiiowledirmeJits, and calls loudly upon all ol" us, in our individual S])lieres, to use every Exertion to promote the Coiisiiinmation of so desirable an End ; and your Excellency may rest assured that we are determined to rise in the Might of our Unanimity, and put to sile.ice the base Tradueers of your honest Sentiments and fliir Fame, and join our I'cllow Subjects throughout the Province in shielding you from Insult, and to cheer and accompany you in your Progress towards salutary and substantial Measures of Reform. (98 Signatures.) Bayliam, 30th April lcS36. No. 21. Sir F. B. Head to Lord Glenelg, 30th May 1836. Enclosures. U 1i tr :■ rrr n i. lA. sing all the Rights isk, to effect what To His Excellency Sir Francis Bond Head, Lieutenant Governor of the Province of Upper Canada, &c. kc. &c. May it jjlcase yoiu- Excellency, Tliat at a Meeting held upon the 5th Day of May instant, of the Freeholders and Inhabitants residing at and near the Falls of Niagara, convened by public Notice, Samuel Street, Esq., being called to the Chair, .lames Cummings, Esq., behig appointed Secretary, the following Resolutions were unanimously adopted : — Resolved, That, disclaiming that by this Act weidentiiy ourselves with either of the prominent Parties in the Political Discussions wliich have unha])pily ])re- vailed in the Province, yet we deem the present Crisis so important, that every Man interested in the Prosperity of the Country should openly express his Sentiments in relation to the Course pursued by His I-lxcellency the Lieu- tenant Governor and the House of Assembly recently prorogued. Resolved, That viewing His Excellency's Speech on the '2()th of A])ril to the Provincial Parliament as a Development of the gracious Intentions of His Majesty, and highly a})proving and duly appreciating His I'lxcellency's Deter- mination as therein set forth, — '• That he will use his utmost Endeavour to " expla'n to the People of this Province that we want only Wealth and Popu- " lation to become one of the finest Communities of Peo])le on the Globe ; that " Union is Strength, and that Party Sjjirit produces Weakness ; that they should " consecpiently forgive and forget pohtical as well as religious Animosity, and " consider their Enemies only those who insidiously jjromote either," such Sentiments are highly aj)preciated by this Meeting, and we shall, individually and collectively, second such patriotic Conduct. Resolved, That we deeply deplore the Course ))ursued by the House of Assembly, so contrary to what might have been expected ; yet we trust and believe the whole Province will come forth, in their loyal and jiatriotic Spirit, and prove to our gracious Sovereign, the World at large, and to His I'iXcellency, that, governing upon these Princii)les so graciously avowed l)y His IMajesty, and hankly set forth by the Lieutenant Governor, the Province of Ujjjier Canada will stand l()rth worthy of such Royal Regard; and that the House of Repre- sentatives will, upon mature Reffection, be led to ado])t those Measures which wdl draw "from the Mother Coimtry the redundant Wealth and Population," which, as observed by His Excellency, "will ccnivert ihe Wililerness into green " lields, establish Markets in all Directions, as well as good Roads, the Arteries " of Agriculture and Conunerce ; that ])lain i)raclieal Education shall be ])ro- " nioied for the rising Generation ; and, above all, the Hlessings of the Clu-is- " tian lU'ligion cherished arul promoted, without Prejudice or Partiality^ which " inculcates (Jlory to (lOil in the highest, and on Earth Peace and (ioodwill " towards Man." Such are the Conseepiences this Meeting believe will mark tlie (!onrse of our future Legislators, and cause His Excellency to Ibrget, as he ,|;nicrously forgives, the Embarrassment created by those from whom better 1 liinjis have been expected. Resolved, That the foregoing Resolutions be signed on behalf of the Meet- ing by the Chairman and SecreUry. Samuiu. S'rni'.r.T, Chairman. Jami;s CuaiMiNos, Secrctiu'v. \'-^tV'' (■11.) II r 3 No.2l- Sir F. li. Head to Lord Gleiiels, 30lli May 1836. Enclosures. 318 DESPATCHES FROM SIR F. B. HEAD, Baiit., To His Excellency Sir Francis Bond Head, k.c.ii., Lieutenant Governor of Upper Canada, &c. &c. &c. May it please your Excellency, The Board of Commissioners, Magistrates, and Inhabitants of the To^\^lshin of Elizabethtown in the District of Johnstown humbly approach your Excel lency with Sentiments of dutiful Affection for the Person and Government of our most Gracious Sovereign. We have viewed with much Astonishment and Regret the busy Attempts now making by political Agitators to malign the Administration of your Excellency, and to alienate the Attachment of the People of this Colony from the Parent State. Sucli Incendiaries will ever find from us a steady and uncom- promising, but a strictly legal and constitutional 0])position. Affectionately attaclied to the Institutions of our Parent Land, and sincerely desirous to extend their Benefits and Blessings to every Portion of the Empire, we rejoice that in this Colony the Representiition of our beloved Monarch has been entrusted to one who has Ken to penetrate every dark Design that would insidiously deprive us »)f their Beirefits, and from whose Wisdom, Moderation, and rinnness we nuiy justly ex2)cct to enjoy their most prosperous Blessings. New Dublin, Elizabcthtown, 'iyth April 1S3G. (117 Sljiiatures.) (Signed) D. Maiu, 1 Commissioners for IIknuy Mand, junior, J Elizabethtown. My dear Sir, Our Adtlress goes forward by this Mail to your Care for Presentation. I hope you will like it. Adelaide contains but Two Radicals ; one is now build- ing the Church here, and the other a Methodist Preacher. Whatever Paper the Thing is jjublished in, pray send a few of them, that wc may send them amongst the Peo])lc. 1 siiould be glad Sir John s.iw our Proceedings, that he may know that his uicii Bojjs will stand to their Guns. I am beset daily about the Road Money; the People will certainly petition if they are not innnediateiy paid. A. B. Ilawke, Esq. Yours truly, &:c. &c. kc. (Signed) Tiios. Radcliff. Sir, Adelaide, IStli May 1836. I am requested by tiie Gentlemen of Adelaide to forward you the enclosed Address to His Hxceileucy Sir E. B. Head, e\))ressing our Approbation of liis Conduct as Lieutenant (iovernor of Upper C anada. It was particularly wished that you would jjrcsenl the same to His Excellency on behalf oi' the Subscribers; and if not too nmch Trouble, woiddyou pi-ocine the lusertioir of the accom- panying Resolutions with the Address in the Patriot and Courier, tofi'ether with ilis Excellency's Reply. The Addicss was got u\) at a Meeting conveneil by the Magistrates at Dear Cr"ek in the lirht instance, and then, l()r the Convenience of those residing at a Distance, adjourned to the Northern Part of the Township. The Pressure of Earming Operations has pi-evented a nuicli larger Number of Signatines being sent in lluiu would under other Circmnstances have attended the Aildress, anil 1 am fully coirvinced that His Excellency will scarcely linda dissentient ^'()ice in tlie Township of Adelaiile. 1 hone you will t;iki> an early ()pi)ortiniily of ))resenthig the eucloseil, and ibrwardiug His Excellency's Reply to Adelaide. A. B. Ilawke, Esq. Toronto. I have, &c. (Signed) Thomas Hawkins, Secretary of the Meeting. stitution ; and ON THE SUBJECT OF CANADA. 319 To His Excellency Sir Francis Bond IIc;ul, Knight Commander of the Royal Hanoverian Guclpliic Order, and of the Prussian Order of Merit, Lieutenant (lovernor of the Province of Ujjper Canada, &c. &c. &c. We, His j^.Injesty's faitlifid and loyal Subjects of the Townsliip of Adelaide jn the London District, have watched with intense Anxiety the Progress of the Discussion between your Excellency and the House of Assembly relative to the Resignation of the late Executive Council, and w'c can no longer refrain from expressing the Indignation we feel at the unprincipled Use whicli has been made of it by your Opponents to bring into Disrepute your Excellency's Administration. At the same Time we beg to convey to your Excellency our sincere Thanks for the Firmness with which you have resisted the meditated Encroachments upon the Constitution, and our Admiration of tlie manly, liberal, and statesmanlike Manner in which you have conducted yourself tlirnugliout the very trying Circumstances in which you have been placed. One Good, however, must, Ave conceive, accrue from the present a])parently untoward State of Affairs, and th-'t is the Removal of all Doubt from tlie public Mind as to the real Designs and ultimate Object of the Majority of the present House of Assembly, who, luuler Pretence of correcting Abuses (to ^ which all Human Institutions are liable), are seeking to subvert the British (117 Sl(/natum.) ^ Constitution, to annihilate British Feeling, to produce a Sejjaration from the Mother Country, and who, by an unprecedented and injudicious Stretcii of Power, have succeeded in materially embarrassing the Operations of Govern- ment, and injuring the public and private Credit of the Province. Had the Redress of Grievances been their sole and real Object, the Arrival of your Excellency in this Coimtry, armed with extraordinary Powers for that Purpose, would liavejbeen hailed by them with Enthusiasm, instead of exposing you to their Calumny and Vituperation for merely doing }'our Duty, in resisting Compliance with Demands to wliich in trutli the Powers vested in \ ou (lid not extend. It was to have been hoped that your Excellency's Station alone as the Representative of our beloved Monarch would iiave been asulHeient Protection, on the Part at least of Men actuated by One Spark of Britisii Feeling, from the gross and vulgar Epithets with wliieli your Name lias been coupled. In conclusion, wc beg to assure yoin* Excellency of our firm Determination at all Times to support you in maintaining tlie Purity of the British Con- stitution ; and that yoiu' I'Acelleney may long continue to rule over us with that L .lulour and Honesty, Firnniess and Dignity, which has already marked the Commencement of your Administration, is the sincere and unanimous Wish of your Ivxcellency's faithful and respectful Subscribers. Adelaide, 13th May 1836. (287 Signatures.) No. 21. Sir F. n. Head to Lord (ilenelg. 30tli May 183(5. Enclosure. '!i'^ the enclosed, and C No. 22. (No. 41.) Copy of a Dksi'atcii from Sir F. B. Hkao, k.c.ii,, to Lord Glknki.g. My Lord, Toronto, 1st .Iiiiio ISIJO". I iiAVK received from Lord (Josl'ord and the CommissioiK'rs of Iinpiiry a '•fpy of their Reports, No.;)., to your Lordship, on the Executive Council, and 'have had an Interview with Sir (ieorge (jipps, who was here 'i'wo Days on li^Way to Niagara. It may have appeareil strange to your Lordship, that during the short Time 'liiil has elapsi>d since my Arrisal here I shoidd lia\e twice lespecll'ully ten- Jnvil to your Lonlshij) my Resignation of the Station I hold. Ihe ostensible Reason which 1 ga\e I'or so serious a Proposal was, that my Income ami Rank were inade(iuate (as I still declare them to be) to the Duties ('11.) R r 1. I had Ko. 22. Sir r. H. Head to Lord (ikMU'lt', iM.hine 183(). 320 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 22. Sir V. B. Head to Lord Glenclg, Ist June 183(5. 1 had to ])erform ; but li;iviiig read tlie Coinmis.sioncM-s Report, and haviri" con. versed witli Sir (ieorjio Gipjis, of wliose Talents and Probity I am deeply sen- sible, I have resolved to hesitate no longer to contes.s to your Lordship that I do not agree in 0|)inion with the Commissioners of Inquiry, and that I luivc long felt I sh(>uld eventually embarra.ss them by remaining in this Countiy. I should not do Justiee to myself, or act frankly towards your Lordship, the Governor (ieneral, or the Commissioners, were 1 any longer to conceal, that as regards their Policy, I have not an Idea in common with them. The very first Act of my Administration was a deliberate Departure from the Course they adopteil. I perfectly well knew, and I stated it to your Lordship, that by not giving to tiie Legislature of this Province the Commissioners Version of their Instructions I shoidd seriously embarrass tliem ; at the same Time, I could not make uj) my JMind to conceal the Truth, and 1 tlierefore pronuilgatej the Instructions themselves, in ptiris naturalibus, although I was sensible it might cause my Recall. In the Connnissioiiers Report respecting the Executive Council they hnilj their Recommendations on the Foundation, "that the weightiest Accountability " which can attach to any Man, in Matters of a jjublic Nature for which he is " not punishable by Law or by Loss of OlHce, is their Accoimtability to pdlk " Opinion," To this Doctrine I have never been able to subscribe j on the contrary, 1 liave always considered that every Man in Office should make public Opinion follow him, and never attempt to follow it. However, upon this Foundation, the Commissioners project Plans which, consistently with their Theory, are avowedly framed " to secure as much as " po.ssible of the Conh'dence of the People." In the Contest which I have had with the House of Assembly here, niv Argument has been, that the Governor and his Executive Council form the great constitutional Counterpoise to the Representatives of the People, and that in ])roportion as the Pro\incial Legislative Council is deficient in tlie Rank, Wealth, and superior Education which give Influence to our House of Lords, so it is necessary that the Governor and his Council shordd be enabled to withstand the democratic Pressure, which, in the British Constitution, it is as much as the King and the House of Lords can do to resist. I therefore consider that the Connnissioners Recommendation of attempting to conciliate })id)lic O})inion, by partly forming the Executive Council out of die Two Houses of the Legislature, or, in other ..ords, out of the very Elements it is intended to control, is a fiital Error. I also cou.'ider that 1o ab.solve the Governors Council from Secrecy would render it absolutely impossible for him to consult them ; for as he is only sup- posed to considt them on Subjects npon which he feels his Judgment to be ricketty, the C'onfcssion to them of his own Weakness would, if made public, ruin his Aulhority by depriving him of Resi)ect. Resides this, if a Coiuicillor were to be permitted to declare what Measure he had nut atlvised, he would equally be at liberty to declare what Measure ho hdil advised ; and if there were ])opula'" Measures the Governor of the Colony, besides having to stand against Democracy, would also have to bear the addi- tional Oilium of having stood against the Popularity-hunting Advice of his Council, which altogether would, in Practice, be more than he could bear. But the Rejjort of tiie Connnissioners respecting the Executive Council forms but a single Featiu-e in the whole Picture of their Policy, which, to my Mind, has a democratic Character to which I cannot conscientiously accord. I can declare to your Lordship, that before I came to this Country nianyol my Friends fancied I was a Radical, and indeed I almost fancied I was one myself, for in all the Countries I have ever visited I really have been devotedly attached to what is vulgarly called "the Liberty of the Subject;" but I cannot go as far as the Conuni.ssioners, and I feel it only due to them and to your Lordship to state so. For instance, I considi-r that the Language of the Ninety-two Resolutions from Lower Canada was not only insulting to the British Government but traitorous. If this be true, it imavoidablv f()llows that the Author of these Resolution? is aTraitor ; and, in my humbfe Opinion, to create him a Judge was to place upon the British Bunch one whose proper Situation was the Dock. I consider ON THE SUBJECT OF CANADA. 321 I consider tliat in a Britisli Colony, British Interests should be paramount, anil that in these Provinces wc should foster them by every Means in our Power, by infusing into the Country our redimdant Population, and by giving nothing to Aliens but their bare Rights. I do not in the slightest Degree presume to offer these Observations as Com- plaints against the Commissioners, or even as Suggestions worthy your Lord- ship's Consideration, but merely as a Confession that my Princij)les and Opi- nions differ completely from those of Gentlemen under whom I believe I should act, and with whom I am certain it is highly advisable I should concur. As long as I could continue neutral my Opinions were concealed in my own Breast, but every Hour drives me to the Necessity of taking decisive Measures; and, as the Commissioners and I arc now acting in o])posit(! Directions, I feel quite confident that, sooner or later, the Princi])les which govern us must be suspected to be dirferent, and that the Moment the Truth is elicited Embarrass- ments of a serious Nature must ensue. The British Population of both the Canadas is now leaning with, its whole Weight upon me, instead of, as it ought to do, upon tl.o Connnissioners. I therefore feel I am doing His Majesty's Government more Harm than Good ; tiiat, being the lesser Power, I really ought to re ;ire, and I have no Hesitation in recommending to your Lordship that I should do so. Tiiere exist, in the Commission of Inquiry, Opinions, openly promuliiricd, wiiicii many may term liberal, but to 'vhlch I cannot, and never will, su'oscribe; but, iar from wishing to oppose thcn^ J only desire to offer to your Lordship to yield to them the Field. I have the Honour, &c. The Right Hon. the Lord Glenelg, (Signed) F. B. Head. &c. &c. &c. No. 22. Sir 1-". n. Head to Lord Glenelu;, 1st June 183^t). No. 23. (No. 52.) Copy of a Despatch from Sir F. B. Head, k.c.ii., to Lord Glenelg. My Lord, Toronto, 22d June 183(5. I have the Honour to transmit to your Lordshij) a Newspaper published here, entitled " The Correspondent 'md Advocate," r/hich contains a Letter from Mr, ]\I'Kenzie, of which the following is an Extract. " The People of Lower Canaila, ami the Upper Canada Reformers especially, " direct their Views to Four important Objects, not One of which will be " conceded, as I believe, until it be too late. They arc, nii el::ciive Legislative " Council: an Executive Council responsible to public Opinion: the Control " over the whole Provincial Revenues to be in the Legislatine : and the Biitisli, " Pdrliiiment and the Colonial Ollice to cemc their Interference iu our " internal Concerns." As the Republicans in the Canadas generally mark their Designs by Professions of Attachment to the Mollier Country, I think it_ imjiortant to record this Admission, on the Part of Mr. M'Kenzie, of the traitorous Object which the Reformers of these Provinces have in view. The Right Hon. the Lord Glenel &c. &c. &c. I have the Honour to be, &c. (Signed) F. B. Head. Nil. 23. Sir F. B. Head to Lord Glenelg, '2'J:i1 June 1836. ;£i'i ¥ ;^ii ■ (4L) S B 322 DESPATCHES FROM SIR F. B. HEAD, Bah.., No. 24. Sir F. B. Head to Lord Glenelg, 8th July 1836. No. 24. (No. 56.) Copy of a De.spatch from Sir F. B. Head, k,c.h., to Lord Glenelg. My Lord, _ Toronto, 8th July 18,'?6. The important Subject of tliis Despatch is to inform your Lordship of the Ro.'^uit of the Elections winch have taken phice here in consequence of my having dissolved the Provincial Legislature on the 28th May. As soon as I determined, on the 5th March last, to make a stand against the uncon.stitutional Demands of my late Executive Councillors (which, as your Lord- ship is ravarc, were strenuously supported by the House of Assembly) I became sensible that the only practicable Method of breaking the Republican Party was by opening the Eyes of the People to the traitorous Designs of those who were leading them insen.sibly to Revolution. I therefore reluctantly undertook the Task of writing in plain homely Language very long Replies to every Address that was offered to me; and observing that these Answers not only produced great Excitement in both tiic Canadas, but that the more Addresses I answered the more I received, I de- termined to continue tl'c Controversy, in order that the Rejiublicans slioukl, in the most pid)lic Manner possible, be forced to measure their Strength with the Supporters of the British Con.stitution. If the Subject of Dispute had been of trifling Importance I need hardly say I should have avoided rather than have courted a Conflict of this irregular Natiu'e ; but as I knew that it involved our Po.sses.sion of the ('anadas, — as I felt confident that the Position which the Rej)ublicans had imprudently assimied was imtenable, and that I never could again hope to attack them on such advantageous (irounds, — I steadily continued to excite and agitate the public Mind by replying to the Addresses I received, which, amounting in Number to Seventy-two, bore the Signatures of '2'J,¥,)C) Individuals, most of whom I may observe were Farmers and Yeomen. In proportion as the Constitutionalists were observed to rally round the British Flag (which I hoisted for the first Time in the History of this Province on the Roof of the Government House) the Republicans felt it necessary to make on their Part every ])ossible Exertion ; and as the Period for the Elections gradually apj)roached, it became evident to every reflecting Man in Lower Canada that by the Conflict about to take place in the Upper Province Mr. Papineau's Power would either be materially incrcaseil or diminished, inas- much as in one of my RepUes I had noticed his Letter to Mr. Speaker Bidwell, as follows : — " But as Mr. Speaker Papincau has thought proper to promulgate in this " Province that the People of tlie Canadas, labouring under the accimnilativc *' Wrongs proceeding from an Act of Parliament, ^^ unite as a Man" I feel it " necessary to repudiate that Assertion by declaring wluit the State of O|)inion •* in Upper Canada really is." " 'J'lie IV'ojjIe of Uj)per Canada detest Democracy, they revere their Con- " stitutional Charter, and are consequently staunch in Allegiance to their " King. " They are perfectly aware that there exist in the Lower Province one or " two Inilividuals who inculcate the Idea that this Province is about to be •' disturbed by the Interference of Foreigners, whose Powers and whose ♦' Numbers will ))rove invincible. " In the Name of every Regiment of Militia, I publicly pronuilgate "Xtf *' tlii'.m ciiiiu; ifflicij ildfi: !" The Elections conunenced on the '20th June, and the Struggle, as might be expected, was a ilesperate one. 1 am hapi)y howover to inf()rm your Lordship that the Result has bei'U successfiil, and that Truth and Jii.stice have as usual j)revailed. In the late House of A.ssembly the Republicans liad a Majority of Eleven, in the ])resent House of Assembly the Constitutionalists have a Majority ot Twenty-five (there being now Forty-five Constitutional Members and only Seventeen Republicans). Ill ^ord Glenelg. St of" whom I ON THE SUBJECT OF CANADA. In the late House there were Thirteen American Members, in tlie present House there are only Seven, one of whom is a Constitutionalist. Among the Republicans who have lost their Election are the following Names : 1. Mr. Speaker Bidwell, the Twin or Siamese Companion of Mr. Speaker Papineau. 2. Mr. Peter Perry, the leading as well as the most powerful Speaker of the Kepublicans (the Chairman of the Committee to whom was referred my Correspondence with my late Executive Council). 3. Mr. W. L. Mackenzie, the Chairman of the Grievance Report, and the Arch-agitator of this Province. As a single Example of the Reaction which has lately taken place in the puMic Mind, I may state that the Solicitor General, who is the Leader of the Constitutional Party in the House of Assembly, was returned without Opposi- tion ; that Mr. M'Lean, the late Constitutional Speaker, was returned at the Head of his Poll, while Mr. Speaker Bidwell (the avowed Advocate for Repub- lican Institutions) was the lowest of the Four Candidates for his County. Tiie Effect the Election has produced in this Province, and the Excitement it will cause in Lower Canada, I will not attempt to describe, but will only express a Hope that it will, in your Lordship's Estimation, sufficiently defend the Course of Policy which I adopted on my Arrival in this Province, and wliicli I had the Honour to explain to your Lordsliip in my Despatch of the 5tli F('bruary, as follows : " I ndcr these Circumstances, I consider that the great Danger I have to " avoid is the slightest Attempt to conciliate any Party ; that tlie only Course " for me to adopt is to act fearlessly, undisguiscdly, and straightibrwardly for " the Interests of the Country, to throw myself on the good Sense luid good " Feeling of the People, and abide a Result which I firmly believe will " eventually be triumphant." As the Elections are now concluded, I feel it absolutely necessary again most respectfully to draw your Lordship's Attention to the Propriety, and indeed absolute Necessity, of my immediate Removal from the Government of this Province, in case your Lordship should feel it advisable to deny me the Assis- tance of the civil Rank I have solicited. I do not object in the least to the lieavy Fines which have been levied upon me, nor to the Diminution of the official Income which my Predecessors have received, because I am determined that as long as my private Income can sus- tain the ))ccuniary Loss I am enduring, it shall never be said that I abandoned this important Station on account of Money ; but without the Sujjport of the Rank I have solicited, I beg Leave to be permitted without Offence to repeat explicitly to your Lordship that I cannot consent to ruin my Character as well as the Interests of my Family by maintaining a Contest which I foresee will end in my Defeat, unless I am firmly supported at home and sufficiently main- tained in my Rank in this Country. I sincerely hope that your Lordship will be pleased to come to an immediate Decision on the Subject, i'or I have been and at this Moment am seriously embarrassed by the Uncertainty of my remaining here. I have the Honour, &c. The Right Hon. Lord Glenelg, F. 13. Head. &c. &c. &c. No. 24. Sir F. B. Head to Lord Glenelg, 8th July 1836. ' m iii ■* No. 25. (No. .07.) Copy of a Di'.si'ATch from Sir F. B. Hkau, k.i.h., to Lord Glkmxg. My Lord, Toronto, IGtli July \Hm. In my last Despatch, No. 5(i, dated 8th instant, I had the Honour to inform your Lordship that our Elections had aildcil Forty Constitutional Votes tt) the lloiist' of Assembly, which is composed, as your Lordship is aware, of Sixty- two Members. (IJ.) Ss'2 The No. '.',-. Sir r. n. Head to Lord (ilciicl;;, KJth July 183G. — — . -J- No. 25. Sir F, B. Head to Lord Glenuljr, 16th July 1S3G. 324 DESPATCHES FROM SIR F. B. HEAD, Baut., The Republiciiii Minority of course feel that their Cause is des])erate, and as a last dyiiip; Strug-gle, they have, I uiulerstaml, been assenibliny,- at Toronto' Night after Night, for the Purpose of ap])ealing for Assistance to l:Iis Majesty's Ciovernnient. Their Conventions arc so secret that it is impossible for trie to know wluit j)asses there ; b;it I have been ini()rnied tliat tliey liave actually despatclietl Dr. Duncombe (an American antl a rank Republican) with Complaints of some Sort respecting the Elections. I also beg to state to your Tordship that I expect that Dr. Eaidwin, ^Ir. George Ridout, and JNIr. Small, whom I have felt it necessary to dismiss from the Situations tliey respectively held, in consequence of the disrespectful Language they have publicly used against me, will also seek to be supported by His Alajesty's Goveriniient. I feel contident that your Lordship will discoimtenance this dark unconsti- tutional Practice of despatching Agents ii-om this Province to His Majesty's Government to make secret Complaints against the Lieutenant Governor, wliicli of course it is imj)ossible for hiin to repel. I will theretbre merely assure yoin- Lordship, that in the Elections, as well as in the Dismissal of a iew of the Ringleaders of the Republicans, 1 have acted cautiously and conscientiously. I have, &c. (Signed) F. B. Head. No. 2G. Sir F. B. Head to Lord Glenelg, 23d July 1836. • «) No. 26. (No. Go.) Coi'Y of a Dkspatcii from Sir F. B. Head, k.c.h., to Lord Glenelg. My Lord, Toronto, 2;3d July 1S3C. Until 1 know whether my past Proceedings have been approved of or con- demned by your Lordship, it feels cheerless to enter upon the Consideration of the futin'e. However, as it is absolutely necessary to consider what should be done at the Meeting of the Provincial Legislature, which may possibly take place in November, I feel it my Duty to submit to your Lordship a few Observations. The Defeat of the Republicans in this Province has been so complete, that I am confideii*^ People of all Parties are not only ])repared to submit to strong remedial Measures, but that, in their Hearts, they feel that the BritLsh Government can scarcely refrain i'rom thus reprobating the uncalled-for Aggression that has been made in the House of Assembly of both the Canadas by stopping the Supplies. A\'ith this Power and Opportunity to rescind any Measures which your Lordship, in January last, was disposed, for the Sake of Conciliation, to carry into efil'ct, I beg leave very himibly to submit to your Consideration the Pro- j)riety of His Majesty's Government informing the Legislature of this Province, that although I had 1)een authorized to relincpiish the Control which His Majesty has hitherto exercised over the Hereditary and Territorial Revenues, in return for an adequate Civil Li.st, yet that the (Conduct of the late House of Assembly has too clearly proved that such an Arrangement would not be safe or prudent. The Odiinn of the Denial would thus be thrown upon the Republican Party, while His Majesty's Government would be extricated from an intended Concession, which, like all Concessions to Republicans, woidd, I feel confi- dent, not only be thrown away, but would tend to excite further Demands; for, as I have repeatedly stated to your Lordship, these People have no definite Object in view, short of separatmg the Colony from the Mother Country. Indeed, every Hour demonstrates clearer and clearer that the Princij)le of the Republicans is to obtain, by every possible Means, a Surrender of the Power and Possessions of the Crown. In an evil Hour we fatally surrendered to them, without Bloodshed, the Duties levied under the Mth Geo. III. ; the Consequence of which has been, that is desperate, and l)liiii>- at Toronto' to His Majesty's me to know what iially cles])atclicd jmplaiiits ot'some lat Dr. Eaidwin, cessary to dismiss ' the disrespectful ) be supported by is dark imconsti- to His Majesty's i Governor, wliicli ections, as well as laiis, 1 have acted ive, &c. F. B. Head. 3rd Glenelg. |o, 23d July 1S36. proved of or con- Consideration of r wluit siiould be may possibly take Lords liij) a few jinplctc, that I am to strong- remedial Government can ression that lias by stopping tiie mros which your iciliation, to carry [deration the Pro- of this Province, jiifrol which His ritorial llevenues, the late House of would not he safe the Republican from an intended idd, I feel confi- lu-ther Demands; e have no definite Mother Country. Principle of tiie der of the Power ON THE SUBJECT OF CANADA. 323 that the Republicans, instead of thankint^ us, have called upon us also to sur- No- 26. ■ the Ci render the Hereditary llevenues oi tno c rowii. Your Lordship took the pains of orderiiiir, in detail, a Remedy for every siiio'le Grievance in Mr. Mackenzie's Volu'.ie ; and the Republicans instiuuly repaid you by calling for an inntiediate .Sin-render of the Power and RespoTi- sibility of the Lieutenant Governor. Little now remains in our Hands ; and if that little be couceiled, if wc give up the Hereditary ant' Territorial Revenues of the Crown, in my humble 0})inion, we have King- Lear's Fate before u.s, without his Plea of Inexperience. I need hardly observe to your Lordship that the British Constitution was i,Tantcd to the Inhabitants of ilie (:.nuidas merely for the internal (Jovernment oi'thcii' oim Property and r/ieir oini Affairs, not to entitle them to claim I'os- session of the Properly of the Parent State. If once this Distinction be confounded, not only will the Property of the Crown be in danger, but the Colony will actually be encouraged to demand its Sc •.•)<^ion irom tlie Mother Conntrv ; for if the Crown voluntarily surrenders its ,.^tual Property in this Coiuny (before it has imbibed from the Mother Country a Ilundredtii Part of the redundant Population it is capable of .supporting) it may with equalJustice be required to surrender its Jurisdiction. I feel quite confident that if the Lieutenant Governor of this Province, who- ever he may be, will act with common Firniness he will not be seriously embar- rassed by this Refusal on the Part of His Majesty's Government ; and if the Territorial Revenues were placed at the Lieutenant Governor's Disposal, under such Orders and Precautions as His Majesty's Government might think projjor to adopt, to be judiciously ap])lied by him to tho.se Sort of Improvements (such as Koad-making, for instance) which would benefit the Mother Country as well as the Province, or, if necessary, to be temporarily withheld, I believe that the Country, in.stead of factiously op})osing the Lieutenant Governor, would feel it their Interest (which at present it is not; to live on good Terms with him ; and there can be no Doulit whatever, that, being disinterested, being uncon- nected with all Jobs and local Speculations, the Lieutenant Governor of the Province would direct the Expenditure of the Hereditary Revenues of the Crown with much greater Advantage to the Country than if they were to be entrusted to the People's Representatives. Whether the Lieutenant Governor or the House of Assembly is to have the Expenditure of this Money is the Point wliich I respectfully submit to your Lordship's Consideration. In my himible Opinion it should be given to His Majesty's Representative : 1st, Because it is the Property of the Crown, and not the Property of the People ; and, 2d, Because it is politic to give to the Lieutenant Governor every possible Con.stitutional Support, and impolitic to throw that which legitimately belongs to his Infiuence into the Scale of the House of Assembly, which already too clearly prepoudei-ates. I will occupy your Lordship's Attention on this Subject no longer, but will conclude by repeating my luunble but decided Opinion that the Victory we liavejust gained requires to be followed up j)romi)tly by His Majesty's Govern- went, by some Act or Acts of a stern decisive Nature; that the People of this Province expect it, and that if the Opportunity be now lost, it will probably never occur again. I have not yet been able to determine when the Legislature will assemble, liiit as it is very possible that it may be advisable it siiould do so early in November, I liope to receive immediate Instructions. I have the Honour, &c. The Right Hon. Lord Glenelg, F. B. Head. &c. &c. kc. Sir F. B. Head to Lord Glenelg, 2;id July ]8;J6. 41 i- h. I If It Bloodshed, the which has been, that (41.) Ss 3 326 DESPATCHES FROM SIR F. i,. HEAD, Babt., No. 27. Sir F. B. Head to Lord Glenelg, 27th July 1836. *l» •^o.^l No. 27. (No. C'2.) Copt of a Despatch from Sir F. B. He.\d, k.c.h., to Lord Glenelg. My Lord, Government House, Toronto, 27tli July 1S36. Almost tlie only real Grievance which I have been able to detect in this Province is tiie Land-granting Department, which has long been a .Subject of universal, and I must say of just Complaint. Tiie total Incompetency of the late Surveyor General, it has already been my Duty to rejiort to you ; but vexatious Delay in the Location of Settlers, &c. &c. has occurred in the Office of Commissioner of Crown Lands, which for many Years has been, as your Lordship is aware, under the Direction of Mr. Peter Robinson, a Gentleman of Integrity, but whose Health has lately been insufficient for the arduous Duties he has had to perform. A few Weeks ago Mr. P. Robinson had a Paralytic Seizure, in consequence of which he very properly felt it his Duty to resign his Situations of CommLs- sioner of Crown Lands and Agent for the Sale of Clergy Reserves into my Hands. As I considered it to be of the most vital Importance that these Appoint. ments should be efficiently replaced, 1 gave tlie Subject the fullest and nlo^t impartial Consideration, and I can sincerely assure your Lordship that in appointing the Honourable Robert Ij. Sullivan to these Offices I feel I Imve had the good Fortune to secure the Services of an Individual eminently cat- culated to give general Satisfaction to the Country. I have had for .some Months an Opportunity of forming an Estimation of Mr. Sullivan's Character ; and his Talents, his Integrity, his Knowledge of the Law, and his unremitting Application will, I feel confiilent, do Credit to tlie Selection I lia\e made, and I therefore earnestly refjuest that your Lorclsliip will be pleased to confirm the same. There is no Dejiartment in this Province so important as those over \v!.!:ii Mr. Sullivan now presides. Mr. Sullivan was the Partner of Mr. Robert Baldwin, and when he and the Two other Members of my late Executive Council resigned, and when I was surrounded by Diflicidties which aj)peared alln()^l insurmountable, your Lordship may believe, I naturally looked for a Conn- cillor upon whom, I as well as the Country could implicitly rely. Without having even spoken to or ever seen Mr. Sullivan I sent for him entirely from the Character he helil in the Province ; and as in order to serve me he gave up his Friends and his Prospects at the I5ar, of which lie w;i< a rising and very distinguished Member, 1 feel that he has a Claim upon His Majesty's Government to which it is equally their Interest to attend. I believe I have already informed you that when I first arrived here Mr. Sul- livan was the Mayor of Toronto. I enclose to your Lordship a Copy of Mr. P. Robinson's Letter of Resigna- tion and of tlie Gazette in which Mr. Sullivan is ajjpointed Successor to lii- Office. As this Gazette also notifies the Removal from Office of Dr. Baldwin anJ Mr. George Ridout, I feel it nece.s.^ary to enclose to your Lordship a piinttJ Copy of a Placard signed by Dr. Baldwin, containing Language against mo which I feel confident your Lordship will be of oi)inion is incompatible with tlie Situation he held under His Majesty's Government. Mr. G. Ridout's Abuse of me has been so notorious that it has attracted general Observation ; audi may add that he as well as Mr. Small consUmlly attended and spoke at the Alliance or Constitutional Reform Society, althougli since it has borne the latter Appellation their Names were not actually enrolliJ as Members. Mr. George Ridout was also the Individual who headed the Deputation, and who actually liim.self read to me the Address, dated '2.0th March last, fioni "a public Meeting lield in the City Hall," which Address I forwardetl to your Lordship on the Gth of April last. I have the Honour, &c. The Right Hon. Lord Glenelg. F. B. Hi;.\n- -I forward to your Lordshi}) a Copy of a Letter 1 have just received fiom Mr. G. Ridout, which 1 have desired to be returned tohmi in a Blank Cover. I'irst ^ord Glenf.lc. ^ Reserves into iny ON THE SUDJECT OF CANADA. First Enclosure in No. 27. 817 No. 27. Sir F. B. Head Sir, Toronto, 8th July 183C. to I have to report, for the Information of His Excellency the Lieutenant Lord Glenelg, Governor, that I have been for .some Time very seriously ill, .so much so as to ^''' July 1836. 1)0 unable to go to my Office or to render those Services which the Duties of Enclosure No. 1, the several Departments require. I have indeed felt for some Time that it woLikl be necessary for me to retire on account of my ill Health, though tlie iiioie serious Attack of Illness to which I allude, and of which His Excellency i< aware, occurreil but a few Days ago. I desire now only to consult my Health, and to be speedily relieved from the Responsibility of my Offices, and to that end I will adopt any Course that His Excellency may think most consistent with the ])ublic Service. Tiie Offices of C'ouunissioner of Crown Lands, and Commissioner for the Sale (if the Clergy Reserves require a constant and active Sui)erintendence, on account of the Correspondi'uce and frequent References and the Number of Persons applying at the Office. If His Excellency deems it more convenient for the public Service to release me without Delay fioni those Offices I should prefer it, and I have no Doubt that by the First of next Month, or earlier if His Excellency wishes, I could be ])reii;ired to close the Accounts and hand over the Books and Papers belonging to tiiem to any one His Excellency might direct ; or if His Excellency desires rather that I should continue for any longer Time in charge I will readily, though I should ju'obably find it necessary in that Case to suggest some .\iTanncment for His Excellency's (\)nsideration. With respect to the Office of Conunissioner for Woods and Forests, as I could not so readily within the same Period of Time close the Accounts of that Offite, and as my temporary Absence from the Duty is not inconvenient to the Public, the Business being conducted by Corresj)ondence with distant .\jients, I should ])refer carrying tliat on with the Assistance of a CI Tk for the j)ie>eMt, if His Excellency has no Objection, being equally ready ho\.ever to retire from it whenever the Government intimates a Desire that I should do so. I have, &c. I. Joseph, Esq., Pktku Robinson. kc. &c. ■ ! I«l ^MltMililli 1; ,! I?! Second Enclosure in No. 27. Upper Canad.\ Gazette Extraordinary. Enclosure No. 2. : 'I Toronto, Saturday, l6th July 183G. By Authority. Government House, Toronto, IGtli July IS-W. The Lieutenant Governor has been pleased to a])point the Honourable Robert Baldwin Sullivan to be Commissioner of '^^'own Lands and Agent for the Sale of Clergy Reserves luitil His Majesty's Pleasure shall be known, in the Room of ilie Honourable Peter Robinson, resigned. His Excellency has been further i)leased to appoint John G. Spragge, Esquire, to be Surrogate of the Home District, in the Room of William Warren Baldwin, Esquire, removed : And Robert E. Burns, Esquire, to be Judge of the District Court of the Niagara District, in the Room of (Jeorge Ridout, Esquire, removed. Third Enclosure in No. 27' The Supplies. The Assembly stopped 7,000/. to guard the Rights of the People; Sir I' B. Head stopped 1()'J,000/. to coerce your faithful iiepresentatives. As this is a Subject not well understood by many, and as no Doubt much Trouble will be taken by the Tories to magnify the Difficulties that will be said (41.) S s 1. to Enclosure No. 3. 328 DKSPATCHES IIIOM SIR F. B. HEAD, Baut., No. 27. Sir F. B. Head to Lord Glenelg, 27th July 18;iG. Enclosure No. 3. • W to grow out of the withlioklin;^ of tlie Suj)i)lics, wo will, from such Documents as arc just now within our llearh, show how tlic Mutter stands. The ostimateil Income of tiie Province, from Sources ofRccnuc acknow. ledgeil and aHowed to be under the Control of the Legislature, i - as follows i'oi the Year KSyfi. Amount of this Province's Projjortion of Duties on Imi)ortation by .Sea at the I'ort of Quebec Duties on Licences for retailing Spirituous Liquors, distilling, &e. - - . - . Duties on Importations from the United States of America _ . . . . Duties on Licences to Hawkers antl Pedlars Duties on Licences to Auctioneers and on Sales at Auction . . - . . Bank Stock Dividends .... Burlington Canal Tolls - - - - Kettle Creek Harbour Ditto Total Income of Revenue - .€79,'er of the Court of King's Bench Total Currency G50 875 400 GOO 1,200 SLi(i 13 4 377 15 1,000 200 u 050 GOO 10 tt j£'<),272 S 11 The above is as estimated for the current Year, but no more tlian 7)*-3/. were voted last Y'car, the Estiuiate embracing some Items which the Asscmblv do not recognise as necessary for the Public Service. So that all the House o: Assembly is called on to make good is the Sum of 7,223/. ; an Amount wliidi, in the Estiuiation of His Excellency, must be considered as extremely paltry, when it is known that he speaks of the whole Re\enues of the Province as " not equal to the jirivate Fortune of many an English Commoner!" While the Power of the Assembly has been from Time to Time iiittcml away by granting permanent A])j)r()]niations, and passing everlasting Salary Bills, when the House was filled with Tories, the Executive Govcrmticnl claims and exercises Control over a large Amount of Revenue, styled Casii;u and Territorial, derived from the Sale of Crown Land, Timber, Fines, and For- feitures, &c. AVe have not at our Command the Statements for the current Year, but by the last Estimate we saw it was upwards of 30,000/. This large Sum is appropriated without the least Regard to the Desires of the People, as constitutionally expressed through their Representatives. Besides this, a large Sum, Gl.OOO/., is already funded in England, derived from the Sale of the Clergy ART., )m such Documents luls. if 111 \ ciuie ackiiow. lire, 1 . as follows foi .i K. d. 55,000 7,UUU 12,000 500 U "/ .30 2,000 l.SOO 100 £'79,'2uO the Government and ; lliosi' which tbllow: jC s. d. 20S 810 700 C50 875 400 GOO 1,21)0 Slid 13 l o77 15 U 1,000 200 050 GOO (I 10 ifchargo the Duties obviously belonging to their Office and imposetl by their Oath, of advising the Lieutenant Governor upon our jiublic Affairs preparatory to his final and discretionary Action upon those Aflliirs, betrays a Disposition as a Stranger to conduct the Goveriunent in an arbitrary, unsafe, and uncor.stitu- tional Maimer, which the House of Assembly, unless Traitors to us, could not sanction or grant Supjilies to uj)hold. The Fifty-seven Rectories could not by Law have been established without the Advice and Consent of the Executive Council of the Province; and their recent Establishment and Endowment, with their exclusive Ecclesiastical and Spiritual Rights and Privileges, is a practical and melancholy Proof of the indisi)cnsible Necessity of a good and honest Executive Council, alike possessing the Confidence of the King and the I'eople. It is our Duty solemnly to assure you that the Conduct of Sir iMancis Bond Head has been alike a Disregard of Constitutional Government and of Candour and Truth in his Statements to you. We therefore appeal to you most earnestly not to abandon your faithful Representatives at the approaching Contest, but by your manly Conduct prove yourselves worthy of good Govern- ment and honest public Servants. The following are the Gentlemen who sus- tained our Rights during the late Session, and are worthy of our continued Confidence : — Colonel A. Chisholm, County of Glengarry. Messrs. Waters and Chesser, Co. Prescott. Messrs. Bruce and M'DoncU, Co. Stormont. Messrs. Shaver and Cook, Co. Dundas. Messrs. Wells and Norton, Co. Grenville. (U.) T t Messrs. No. 27. Sir F. B. Head to Lord Ulcnelg, 27th July 1836. Enclosure No. 3. m u m' ■\ 330 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 27. Sir F. B. Head to Lord Glenelg, 587th July 1836. Enclosure No. 3. Messrs. Buell and Howard, Co. Leeds. Mr. Shibley, Co. Frontenac. Messrs. Bidwell and Perry, Co. Lennox and Addington. H. W. Yager, Esq., Co. Hastings. Messrs. Roblin and Wilson, Co. Prince Edward. Dr. G ilchrist, Co. Northumberland. Mr. Lount, Co. Simcoe. Messrs. Mackenzie, Morrison, M'Intosh, and Gibson, Co. York. Messrs. Durand and Hopkins, Co. Halton. Messrs. Smith and llymal, Co. Wentworth. Messrs. Tliorburn, M'Micking, and Woolverton, Co. Lincoln. Dr. David Dunconibe, Co. Norfolk. Dr. C. Dunconibe and Mr. Alway, Co. Oxford. Messrs. Pirke and Moore, Co. Middlesex. J. E. Small, Esq., City Toronto. The following are the great Doctrines of the Reformers Creed. ^° list. The British Constitution in its Purity. ^° Qd. Connexion witii tlie Parent State. ^^ 3d. Emigration from tlie Mother Country. ^° To secure and promote tliese Oljjech; tliey contend for — 1st. Responsible Advisors to the Governor. 2a. Equal Rights to all Men, whether Protestant or Catholic, Churchman or Dissenter; the Abolition of all the Rectories now (\stabiislied, Security l)ciug given that no dominant Church or Churches shall be tolerated in Uj)j)er Canada, t^ 3d. Tlie Disposal of all the Revenues of the Province for the Benefit of its Inhabitants. ^^ 4th. The Reformation of the Legislative Council and the Land- granting Department. ^p° 5th. The Redress of all known Grievances. 1^" As Reformers they want no more ; as British Freemen they will never be satisfied with less. Signed on behalf of the Society, William Waruen Baldwin, President. •» List of Money Bills which the Lieutenant Governor refused to sanation. £ For Roads and Bridges ... 50,000 For War Losses - - - 20,000 For Internal Navigation, Newcastle - Ki.OOO For common Schools ... 5,650 For Provincial Penitentiary - - 5,000 For Steam-dredging Machine - - 1,100 For comnum Schools, Ottawa District - 200 For Lighthouse on Bois Blanc Island - 300 For Lighthouse Keeper, (libraltar Point - 100 To relieve Mr. Pearse and others - - 7(>7 Contuigencies of House of Assembly - 2,000 And other Bills, amounting in all to ^lC2,000 Enclosure No, 1. Fourth Enclosure in No. 27. To His Excellency Sir F. B. Head, &c. &c. &c. May it, &C. Toronto, 27lh July ISSC I iiAVK the Honour to state for your Information that I find, by a Letter addresseu to me by the Adjutant General of Militia, that your I'lxcellcncy refuses me a Court-martial, but admits that I have not bei'U removed lioni the Situations which I held in His Majesty's Service for votuig in favour of my BrotheF'ir ■ Law at tlie lute Election. In mers Creed. men they will never LDwiN, President. ON THE SUBJECT OF CANADA. 331 In bringing my Case under the Notice of His Majesty's Government it is v°n^' material that the Facts should be truly stated. I beg therefore to remind your ^^ ^^^^ Excellency that I am fully prepared to prove, as mentioned in a former Com- Lord Glenelg, munication, that the Reasons assigned by your Excellency for depriving me of 27th July 1836. Office are totally without Foundation, — why should I hesitate to speak the _, „ whole Truth ?— they are altogether untrue. E nclosure No. 4.. The only other Reason which I could think of was my Vote, which your Excellency, as appears from the Adjutant General's Letter, admits not to have been the Cause ; the clear and undeniable Inference therefore is, that, in as far as depends upon your Excellency, I am disgraced and turned out of Office under false Pretences, and because it is your Pleasure. Such a Course of proceeding will not be approved of by my Gracious Sovereign, so just and tender in the Exercise of His Power ; nor will His Majesty countenance Oppression on ihe Part of those to whom He has dele- gated a Portion of His Authority, or suffer them, if guilty of Injustice, to pass unpunished. It will scarcely be credited in the House of Commons or by the British Public that a Man who has served, without a view to Reward, during a bitter War, should be insultingly oppressed by one, a Stranger to the Province as vour Excellency is, a Stranger to the Services of many of its Inhabitants, but clothed witli a little brief Authority entrusted to you by the Colonial Minister, and listening to evil irresponsible Advisers, exercises that Power in the violent reckless Manner in wliich it has been directed against me. After discovering that the Reasons assigned for my Dismissal were untrue, and that there was no just Ground for such a Proceeding, the honourable Course would have been to have restored me instantly to my Offices, with such Apologies for my wounded Feelings as one Gentleman owes to another whom he has unjustly a: persed. But as this has not been done, I feel myself justified in stating to His Majesty's Government tiiat I have been treated with the grossest Injustice, without even the Shallow of ^Misconduct on my Part, for the Reasons assigned are totally without Foundation. If, however, even at this late Period, your Excellency has any other Reasons than those given, which have been hitherto kept back, I am willing to allow them every M'eight ; nor shall I attempt, when intbrmed of their Existence, lo suppress or lessen their just Influence with His Majesty's Government in the Statement which I am about to forward. If no other Reasons are produced, I have a Right to consider your Excellency's Conduct to me inconsistent with your Duty as the Representative of my Gracious Sovereign ; and, as I can expect no Redress at your Hands, it only remains for me to appeal to the Justice of the Imperial Government. I iiavc the Honour, &c. (Signed) GiconcE Ridout. ;!i iMi 1 .m No. '28. (Xo.tik) Coi'v of a Di;si>ATiH from Sir F. 11. Hkad, k.c.u., to Loud (Ji.kn'ki.g. iMy Lord, ('.ovLM-nmLMit House, Toronto, '_':)tli .luly 183(5. I I'lioi'osio To-morrow to leave this Place to proceed to the Manatoulin I-lands in Lake lluron, where the visiting Indians are to assemble to iveeive llieir uuiiiial Presents. Ilt'liin- 1 set out I am anxious to address your Lordship on the Sul)'n'et of llie (-'oniniissionerships which were passed by the House of Assembly ihuiiig their last Session, and wliii'li will he best expiaiiied by the kiielosed printed Copy oi'my Reply to an AiUlress I received iioni the 'I'owiishii) of Pickering. I'lie Simi uoiniiially voleil by the House of Assembly of this Province tor Hoad Money anioinits to about, 50,0U()/. a Year; and as this Money is not tmly voted hut placed at the Disposal ol' certain Members of the House who are seifappointed by the Assembly as salaried Commissioners, it beconies a political Engine of enormous iniconstitutioual Power. The insidious Uses to which it had been applied have, 1 can assure your I'ordship, hvm revolutionary ; and 1 beg to call vour Attention to the Fact (11.) ^ Tt'.' No. 2S. Sir F. B. Head to Lord Glenelg, •2'.nh July 183(i. that 332 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 28. Sir F. B. Head to Lord Glenelg, 29th July 1836. Enclosure. 10 that in the enclosed printed List the Name of Mr. Peter Perry occurs no less than Six Times. Should I remain here as the Lieutenant Governor of this Province it is my Intention to refuse to assent to any such Money Bills unless the Com. missioncrs for its Expenditure be named by the Executive, and I shall be happy immediately to hear that your Lordship approves of my taking this necessary and constitutional Precaution. I have, &c. F. B. IIe.ad. Enclosure in No. 28. The Freeholders of the Township of Pickering sent up an Address, signed by Kil of tiieir Number, condemning the Cotuse taken by tlie Majority of the House of Assembly during the last Session generally, and j)articularly in refusing the Supplies, and praying tor an immediate Dissolution of the present Parliament. To -which His Excellency was pleased to make the following Reply: — " Gentlemen, " It is great Satisfliction that I have observed subscribed to the Address ■which I have just received from the Township of Pickering, the Names ot' nearly Forty Individuals who are known to have been violent Reformers ; for this Fact corroborates the Evidence I am hourly receiving, that all Classes and Conditions of Men in Upper Canada are joining Hand in Hand for the peaceful Weltare of their Country. " I nnist however reluctantly observe that there are Sentences in your Address in which you ha\e explained your Feelings in Language stronger tliiin it was advisable to utter. " Your Hearts cannot be too warm in Attachment to your Country, but it is by cool Argument and Reason that we must determine nobly to attain our Object. " Gentlemen, it has long been declared by the few self-interested Individuals who are still endeavouring to mislead you, that cheap Government can never be obtained in this Province, because its Lieutenant Governor comes from tiie ^lother Country, which is •I',OUO Miles off. Now, with this Statement before your Minds, calmly read over the following List of the Connnissioncrships, which were voted by the House of Assembly in their last Session, and then determine for yourselves whether it is not highly advantageou.s, instead of being disadvantageous, that the Lieutenant Governor should be a Strangei', <()tally uiicoimected with those local Interests and Family Combinations, which might ))ossibly expend your Money for the sake of enriching u few Individuals, who have long gained tiieir Bread by hypocritically declaring, what HIessings dei)rive the Li Patrouaiie and "ive it "to them. yon would receive if you could but dep lieutenant Ciovernor of his " I have no Ob.servation to make on the List I now offer, except that I have exercised the Prerogative of my Slaticni in such Cases as were submitted tor my Approval by cancelling those Commissionerships." List of Commissioners appointed by the House of As.seml)lv iw the several Bills passed by them during the last Session, with proposed Compensation, Nnmher of llill. Commissioners. Compuhsution. •u. BiTtie Survtn Hill 49. Is'iivigiition of the Waters of till' Ni'wi'usllu Dis-' trict 1,. . ]Mlnuiiid Rist'lny Sanuiol M'Afk'i' (Jioiirc Hykci't - - - (iiilu'rt M'Mickiiig David 'I'liorhiirii - -J. Hon. Z. Hnniliani John (Jilclirist Alexander M'Domdl Arcliibiild IVI'Doiiuld Robert Jiinic'soii A. S. FrasiT - - - I'ibonpziT Perry IVtor IVrry *JO.v. per Dny wliiU-iictimlly employed. To be paid out of the" Funds of the Dis- trict. Superintendent to rccoivo •such Allowance ns may bcnutliorized by tlieCoiii- niissioncrs. School and Cr( isiiii; ry occurs no less (I to the Address ig, the Names of it Reformers ; for liat all Classes aiul d for the peaceful entences in your lage stronger than ;o your Country, inc nobly to attain ;rcsteil Individuals rnment can never )r comes from the Statement before onnnissionersliips, Session, and tlu'ii geons, instead of d be a Stranger, mbinations, which few Individuals, g, what Hlessiugs t Ciovernor of his the several Uilis oinpensation. ON THE SUBJECT OF CANADA. 333 No. 2S. Number of Bill. Commissioners. Cjinpencation. Sir F. B. Head 68. r Hon. J. H. Dunn • Not exceeding 400/., to re- imburse them for neces- Lord Glenelg, 29th July 1836 Commissioners to Lower -J M. S. Bidwell -• sary Expenses in comply- Kiiclosurc. Canada - -[_ Peter Perry " ing with the Provisions of the Act. ^.^■» *• * 4^kj«4 a %^ w 77. Loughborough Survey -■ John P. lloblin H. W. Yager George Ilykert - ■ 20^. per Day while employ- ed, out of District Fuiuls. - John Campbell Kent -" 84. Windsor Harbour Bill - - Ezra Annis W. T. Moore Jabez Hall VVpIsIi - ■ 10.?. per Day while employ- ed, out of District Funds. Peter Perry -_ 107. r Sale of Wolland Canal-! Stock - - - L M. S. Bidwell Peter Perry David Tliorburn " 2ijs. per Day for each Day necessarily engaged. Captain Dunlop - Dr. C Duncombe .Tames Durand - 86. Sciiool and Crown Lands ■ David Gihson John Gilchrist I'eter Perry M. M. Howard - 20«. per Day while actually employed. Peter Shaver -. ■ Charles Short _ " i)'2. William Lyons - Presquile Light-house -■ James Wilson Charles Biggar - 3 per Cent, to superintend. j , Simon Kel log- -. Ottawa District Charles Waters Easteri' — Peter Shaver Johnstown • — A. N. Buell - 23. Sale of Clergy Ilcservcs ■ Bathurst — Wm. Morris Midland — Peter Perry Newcastle — W. Boswelf Home — J. Ketuhum Gore — C:. Hopkins Niagara — \V. Woodrnil' London — C. Duncombe Wi'stcrn — F. Baby - .5 per Cent, to cover all E\ pen.ses incurred in com- plying will) the Provisions of the .Vet, and to remu- nerate the Commissioners. P. Edward — J. P. Hoblin _ -,i Thomas Driny nstrate, by Facts rather than I)y Arguments, that a Triumph of constitutio. ' over republican Principles in a British Colony is productive of Good to the Country ; for if this Impression be deeply made ujion the Minds of tlie lower Classes it will last long after their Curiosity on the Subject has subsided. With this Object in view, I thereibre submit to your Lordship the Pro- priety of at on entrusting me witli an Extension of as much Power as you may think it su."'> o coufitle to me, and of your releasing me from as many ilt- strictions, ])articularly as regards tlie Land-granting Dejiartment, as possible. This latter Subject has long been the great Grievance of tliis Cotnitry. Praise has been given to republican Institutions, Blame cas,, upon British Co)uiexion, because tlie Emigrant has found greater Facilities to settle in the United States than in the Canadas. I am not, however, prepared to give your Lordship any Opinion on this Sid)jeet ; and I particularly reirain from doing so, as I this Evening set oft" to contiiuie my Inspection of the Province, which will of course enable me to see Things with my own Eyes, and practically to judge of Opinions and Specula- tions on the Spot. By the Time I have finished this important Duty, which with my occasional Return here will occujjy at least Two Months, I hope I shall be prejjared impartially to act for the real Interests of this Country ; but it will then be too late for me to hear from you ; indeed the Provincial Legis- lature would almost liave finisiied its Duties before I could receive an Answer to any Report or Communication I might then address to you. Under these Circumstances I res})ectfully submit to your Lordsliip the Pro- priety of yoiu- instantly sending me Authority, — 1. To make such Alterations in the Land-granting System as upon mature Consideration I may think necessary ; 2. To dispose, if required, of such Proi)ortions of the Military Reserves (which have long been vexatiously as well as uselessly jient uj)) as appear by the Report of the connnanding Engineer, which I herewith transmit, not to be recpiired ibr Military Pm'poses. So long as tlie Lieutenant Governor of this Province be fettered by insoluble Restrictions respecting the gnml . "and Sale of the Crown Lands, so long will the S|H'culat()rs injure themselves as well as the Country by kce))ing up the Price of Land, and by thus rej)elling British Emigrants to settle in the Uiiilal States. There can be no Doubt that the Lieutenant Governor of this Province coidd, if he had Power, bring these Speculators to Reason ; but at present lie '-•ands like a Statue in the Land Market, deprived of the Activity of ihca' who MMiouiid him ; :ni'.! in this SiliKition he nuist remain mitil, by being com- j)leti'ly milettered by Restrielions, he is sulliciently restored (o Liie to grapple with Sjjeculators, iii wiiose Hands vast Tracts ol'Land improvidently granted by the Crown are and long have been lying stagnant. Respectfidly requesting an innue of August 183G. ) T. D. MounisoN, Mayor. By ON THE SUBJECT OF CANADA. n4l By His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelpliic Order, Knight of the Prussian Military- Order of Merit, Lientenant (jo\ernor of the Province of Upper Canada, &c. &c. &c. To all to wliom these Presents shall come, Greetins^ : These are to certify, Tliat Tiiomas D. Morrison, whose Name is snhscribed to tiie foregoing Affidavit, is Mayor duly elected in and tor the City of Toronto, Province of Upper Canada, and that full Faith and Credence are due and ought to be given to his Signature and Acts in that Capacity in ail Places. Given under my Hand and Office Seal, at Toronto in Upper Canada, this iGth Day of August in the Year of our Lord One thousand eight hundred and thirty-six, and of His Majesty's Reign the Seventh, By His Excellency's Command, F. 13. Head. J. JOSKPII. No. 31. Sir F. B. Head to Lord Glcnclg, l'2th Sept. 18^6. Enclosure. < ,11 I iljf in stating to His grossest Injustice, To whom it may concern. The Subscribers hereto, severally filling the Offices attached to their respec- tive Names in the Alliance Society of Upper Canada, do declare that George Ridout of the City of Toronto, Barrister at Law, did not at any Time since tlie Organization of the said Society become a Member thereof. Dated this 12tli Day of August 1S3U. T. D. MoiiuisoN, ^'resident. Joiix M'LvTosii, Vice President. .Ino. E. Sims, Secretary. T. Parson, Secretary. u\ To whom it may concern. The Subscribers hereto, severally filling the Situations attached to their respective Names in the Constitutional Reform Society of U])per Canada, do declare that George Ridout of the City of Toronto, Barrister at Law, did not at any Time since the Organization of the said Society become a Member tiiereof. Dated this I'ith Day of August 183(i. W. W. Baldwin, President. FnANcrs Hincks, Secretary. Jajies Lesslie, Treasurer. Upper Canada. George Ridout lias City of Toronto, \ I Thomas D. Morrison, Esquire, Mayor of the City of to wit. J Toronto, do hereby certify that Alexander Stewart of the City of Toronto, Carpenter, whose Affidavit taken before me is hereto iumexed, is a Penson to me well known j that he is a Person of res])ectable Character, and worthy of full Credence. I do also certify, That the Names T. D. ]\Iorrison, John M'Intosh, .Tno. E. Sims, T. Parson, W. W. Baldwin, Francis Hincks, and James Lesslie, sub- scribed to the Certificates on the preceding Page, are of the respective Hands- writing of the said Persons, and that they held the se\eral Offices mentioneil in tlic said Certificates, and placed opposite their rcspecti\e Names in the Societies llierein mentioned. Given under my Hand and Seal of Office, this Fifteenth Day of August in the Year of our Lord One thousand eigiit hundred and thirty-six. T. D. Morrison, Mayor. (41.) Uu 3 No. SI. Sir r. B. Head to Lord Glenelg, 12th Sept. 1836. Enclosure. 342 DESPATCIIES 1 ROM SIR F. B. HEAD, Bakt., t UiTKU Canada. Micliiiclmas Term, 10 Gt'o. l. Home 1 At a ( "om oi'utioii of tin- Law Society hold in the Coiirtnou.se District, ss. J on Moiulay the First l)av of M ichaehiias Term ui the Tenth Year of tlie lleign ot King (Jcorge the I'ourth, I'RESENT, Ilciirv John nouUou, Attorney General. CliristoplKT Alexander Ilagermaii, Solicitor General. '\\'illiaiu M'arren Haldwin, Esq. Darcy Houlton, jim., Esq. (leorgv liidout, Esq. Thomas \\'ard, Esq. It was moved by ^\'. \\. 15aldwin, Esq., seconded by the Solicitor General, Mr. Ilagorman, that (ieorgc Uidoiit, Es(i., be ajjpohited Treasurer for the Re- mainder of the Year ending in Hilary Term next, a Vacancy having occurred by tiie Elcxation oi' the former Treasurer, John B. Robinson, Esq., to the Bench as Chief Justice, ai\d resolveii accordingly. Ililarv Term, 10 Geo. 1. At a Convocation helil at the Law Society Library on Monday the Twenty, eighth Day of December 18'J!), being in the Term in Hilary in the Tenth Year of the Ueigii of King George the Fourth, lMli:SKNT, Henry John Boulton, Esq. Attorney Gen eraL Christoj)hcr Alex. Hagerman, Esq., Solicitor General. William Warren Baldwin, Esq. Jonas Jones, Esq. John Rolph, Esq. Simon Washburn, Esq. It was proposed by the Solicitor General, That George Ridout, Esq., be Treasurer tor the ensuing Year, that is, until Hilary Term next, and resolved accordingly. « exists in the Country, it is well known to every Observer ot" Human Nature that a considerable Portion of Mankind are always governed more by Prudence than by Principle. In this Country as in all others there must consequently exist a large Body of Men, termed here " Majority Men," from their Propensity to attach themselves to the largest Party. So long as Upper Canada remains by itself I feel confident that by mere niotlorate Government her " Majority Men" will find that Prudence and Prin- ciple unite to keep them on the same Side ; but if once we were to amalgamate this Province with Lower Canada, we should instantly infuse into the House of General Assembly a powerful French Party, whoso implacable Opposition would he a dead or rather a living Weight, always seeking to attiich itself to any Question whatsoever that could attract and decoy the " Alajority Men ;" and I feel quite confident, that inasmuch as evilPa.iious are always more alert than good ones — " For ofl, tho' Wisdom wake. Suspicion sleeps at M'isdom's Gate," that sooner or later the Supporters of British Institutions would find themselves overpowered, not by the good Sense and Wealth of the Country, for thvii would, I i)elieve, always be staunch to our Flag, but by the Votes of designing Indivi- duals, misrepresenting a well-meaning inoffensive People. Butloa\ing political Intrigue out of the Question, I submit to your Lordship, ill opiiosition to the- Project of uniting the Caiiadas, that there exists no moral Affinity between the Inhabitants of the Two Provinces. The one are com- mercial and enterprising ; <^'.i vthcr anti-commercial and quiet. The bus}' En- joyment of the one Nation is Locomotion ; the peaceful Luxury of the other is Rest. But even if tlieir Propensities were identical, their Climate, S».i\ and Geography are so different that their Interests would be constantly at va.uince. For instance, the Upper Province, surrounded b} Seas of fresh Water, which it holds in Partnership with the United States, requires Railroads and INIarkets which it might be against the Inierests of the Lower Province to promote. The Distance between the ex'reme Districts being about 1,100 Miles, and there being no travelling by Water for at least Five Months in the Year, would make the meeting of the Leg'slatiire at any Point of common Rendezvous exceedingly inconvenient; besides which, the Size of the Two Provinces united would impart to them a political Weight, Power, and Importance which would, I fear, encourage Separation from the Mother Country ; in short, the more I jiiactically consider the Project, the more clearly does it appear to my Mind that both Provinces would be embarrassed by their Union, and that between the Two Stools the British Constitution would fall to the Ground. Deeply im])rcssed with this Opinion, it is alarming to me to reflect how strongly the Project will probably be pressed ujk n the Consideration of His Majesty's Go\ernment by various Classes of People, each actuated ))y Sell- interest ; for instance, 1. Hy the British Population of Lower Canada, who desire to be rescued from the Domination of the French. y. By a Portion of the British in Upper Canada, whose Votes have been canvassed by their Correspondents in the I.ower Proxince. 3. By that untliiukiug Portion of the Comminiity, which here, as well as in Eiiglaiul, is always in fiivour of Novelty and Change. -t. By all those deep calculathig Reiniblicaus in both Provinces who shrewdly fmosee that the Union of the 'Two Provinces would eventually c;uise tlieir Sepaiation from llu- Mother Coi.iitry. Ill ease His Majesty's Government, for better Reasons than I h:'.ve otlered, should disai>prove of the Union, it then becomes necessary to consider how the present Revolt in Lower Canada slioulil be ilealt with. In my humble Opinion, there are but Two Courses to be adojited ; namely, either peaceably to attempt to cure the K\'il, or to iletermine forcibly to kill it. 'I'lie only jieaceful i'rescription ll)r ellectiiig a Cure which I can conceive, is Kmigration, and it will no tloiibt be argued that, as an Army of Emigrants is clieapor than an Army of Soldiers, it should be our Policy to swamp the Misre|uvsentatives of the French Habitans by opening upon them, by dint of free; Grains of Land, the Floodgates which retain our superabundant Population. (11.) X X 'J 1 feel No. 35. Sir F. B. Head to Lord Glenelg, 28th Oct. 183(;. i'l I \ ■ • " ■]!«! i i ■ ' 1 1 r 348 DESPATCHES FROM bIR V. B. HEAD, Baut., No. 3."». Sir h'. IJ. Head to Lord tilenelff, ^8lU Oct. 18.56. 'tl I feel confident, however, from what I have seen of Upper Canada, that tlii.s Theory would fail to produce the desired Ktt'ect ; fiir the Severity of tlie Quebec Climate compared with this woulil cliill the Efibrts of Government to effect tliis rapid Emigratio;i ; and even if it were to be effected the Time timt must elapse before the present Members of tlie Assembly could be actually displaced would defer the Remedy to a Distance beyond our present political Horizon. In the meanwhile Upper Canada would be like a living Body chained to a dead one ; for as the Two Provinces are Partners in the Joint Stock Revenues of the Saint Lawrence, as well as in the Navigation nf the Ottawa, a Sulkiness or anti-commercial Obstinacy on the one Part would amoimt to an actual Blockade of the Interests of the other. In short, the Upper Provincf would be driven by Desperation to search for an Outlet to the Ocean, via the United States. The political Disorder of Lower Canada being (as I have endeavoured to show) by the slow Process of Emigration hicurnfi/e, we are now driven to consider what would be the safest, the simplest, and the mo.st effectual Method of killing it. I do not mean by jjersonal X'iolence, but by the cahn legislative Powers of the Imperial Parliament. It is useless at the present Hour retrospectively to regret the uncalculatlng Course of Policy which ever since our Posses' -on of the Canadas has not only permitted but encouraged a few Individuals who misrepresent the real Interests of the French Habitans of Lower Canada (whose Simplicity and Amiability ol Character no one can fail to admire) to assume towards the British Empire a Tone of Arrogance and a Posture of Defiance which, considering their relative physical Strength and the total Absence of any just Ground for Complaint, is without a Parallel in Colonial History. Our pasu Policy has however been proiluctive of One Advantage, namclv, that it nuist now satisfy the cool Judgment of the civilized World" that Groat Britain in Forbearance has borne more, and in Submission has submitted to more, than would have been tolerated by any other Nation on the Surface of the (ilobe ; and indeed such is the scrupulous Regard for Justice and the Love of Mercy which is inherent in the British CItaracter that I am proud to believe it will be with tlie deepest Regret that the Subject will even now be considered by the Imperial Parliament. Something however must be done ; and although I trust I am as unwilling as any Person can be to meddle with the Constitutional Act of 1791, yet, seeing the unavoidable Necer.sity of doing so, 1 cainiot but avow I tiiink it tlie Duty of the Country, if it does resolve to inteiiere, to prevent the Necessity of ever djing so again. With the double Object, therefore, of Cure and Prevention in view, the following is the Manner in which I would proi)o.se that the Imperial Parlia- ment should deal with Lower Canada ; 1. Let the Act giving up the Revenue of the 1 KJeo. 3. be repealed. il. Annex Gaspe to New Brunswick. 3. Annex Montreal to U))per Canada. ■I: Make the North Bank of the Ottawa the Boundary of Lower Canada, giving the Waters of the River and the Expen.ses of making then iia\!g;'bli' to Uj)])er Canada, Lower Canada having a free Right to use them by i/ayiiig the .same Tolls as the Upper Province. By the above simple Arrangement the ('anadas would be divided into Two Lots; the one British, the other French. Upjier Canada, which, without any Exception, contains the largest Region of Black rich Earth I have evr wit- nessed, would then conipreliend almost all that is British in the Canadas; and it woidd have, as its own Port of Lntiy, Montreal, the Wealth and Impoilanee of which would draw the Exports as well as Imports of the Country to the St. Lawrence. Whereas, continue to deny to Upper Canada that Port, and every Person acquaintetl wilh the (.'ountry foresees, ami has long foreseen, that its Produce, pent up under high Pressure, must fly off hy licit or illicit Means into the United States. As long as Upper Canada remained poor, and occuiiied in petty political Dihcii.ssions, the Want of a fiee Port of Entry was merely a Subject of constant ^ Coin- it or illii-it Mans ON THE SUBJECT OF CANADA. 049 Complaint ; but whenever it shall become flushed with Wealth, unless rrco Circulation be given to its Comnierco, I have no Hesitiition in saying I believe the People would revolt from any Government on Earth that should deny thcni this natural Respiration. Convinced of this Truth, I consider the Opportunity now afforded to the Imperial Parliament, of providing against this approaching Evil, a most for- tunate Occurrence ; for if the Misreprescntativcs of Lower Canada had not l)y tlieir late C'onduct shaken off their Connexion with the British Pojjulation of the Canadas, the latter would very shortly have found it necessarj^ without lligiit, without .Justice, and for no other Reasou than that which all over tlu- World governs Mankind, namely, t/teir own, Infere^is, to have severed the Connexion themselves. Tiiat the 'J'wo Tribes of IMen, tlie French and English, do not assimilate, is no modern Discovery ; why therefore should we exjjcct that a conmiercial I'artncrshi}) should succeed on the St. Lawrence which would not hold together !'or Five IViinutes on the Thames ? My humble Project of separating the Two Tribes is nothing more than what Nature herself did, when she deliberately created the Britisli Cluiinu'l. If it should be argued, that by tnuisferring Montreal from the Lower to the Upper Province we should make the l"*^ter too strong and tlie former too weak, 1 respectfully reply that Upper Canada need not be ashamed to acknow- ledge, that single-handed she can never be made strong enough to stand against the United States by Land ; nor, with her solitary Port on the St. Lawrence, could she ever attempt to contend against Great Britain by Sea. With One of these Powers she must cousecpiently exist in alliance, and, leaving Consan* jriiinity out of the Question, there can be no Doubt, in the Mind of any Man who is acquainted with the Inhabitants of Upper Canada, that they are deli- berately of o[)inion that they hold at this Moment a higher and more inde- pendent Station as a Colony of their own revered Mother Coimtry, the Rritisli Kmpire, than they woul'^ hold if they were to be permitted to be styled one uftlie supernumerary Stars of the United States. We have therefore nothing to dread from the Size or from the Prosperity ot Upper Canada ; and with respect to the Division proposed making the Lower Province toi> small, if it be true, and surely no one can deny it, that the French are not the same Sort of restless conmiercial People as ourselves ; that we iniule a grand Mistake in legalizing their Language ; that their Habits, Wants, and Religion, however they may be deserving of our Respect, never will assi- milate with our own -, it may be fairly asked, what PLu'm shall we do our- selves, or what Injustice shall we do to them, by saying, " Creiitlemen, your " Representatives have fiiiled to supjmrt the Executive out of the Reveiuies " wo surr'.Mulered to you on condition you should do so, we have therefore "repealed that Act, the Provisions of which you yourselves have most deli- " berately broken ? "■ You profess not to like your C(mnexion with Cireat Britain, imder whose "mild parental Protection you have amassed all yoiu- Weak' , we have there- " tore iletaehed you as nnich as possible from British Interests. Nevertheless, "for the sake of those who have already emigrated, as well as for those who "have a Right still to emigrate, tiom the Mother C'ountry to the Britisli "Colony you inhabit, \se shall insist ou retainin', within that Portion of the " Empire the Pritish C;onstilution. " You have therefore your owi\ Legislative C!ounci!, your own Represen- " ...fives of the House of Assembly, and with these Advantages, which you " may either use or abuse, we now leave you to act as you may think best for "the Interests of the noble (4)untry you inhabit." If Lower Canada, under these altered Circumstances of ifs mm sccfdiiir, klioiild choose to be connuercial and loyal, it would soon reap the inestimable Advantages of its Comiexion v.'ith our iMupire. If, on the contrary, it shouM prefer to be disloyal and auti-connnereial, it would injure no one but itself j for it could not possii)ly be an independent Nation, neither could it hope to join the Upper Cunauians, fi)r they would say, "No, Genllemen; we have already " tried a Connexion with you ; you (lid not suit us; you would not work with " us; you publicly declared you did not like us. YoiU' Representatives refused " to meet for Legislation, until oiu' British Constitution was changed for elective (11.) X X J Institutions N...;;;i. Sir K. 15. IIciiI lo LdiiI (ilt'iieij;, 2>vy./ation of the Legislature, which accordingly at once set to work by appointing a joint Connnittee to inspect and report on the State of the Wclland Caiial, and indeed on all the other important Changes I had sub- mitted for Consideration. Nothing could be more satisfactory and praiseworthy than the cool business- like Progress which the Legislature was nuiking, and the complete (iovernment of all those Feelings of Triumph which it had been my earnest Endeavour to discourage uad supi)rcss. No angry Exj)ression had been uttered even in the House of Assembly, and after the Storm it had experienced the Public Mind was rapidly subsiding nto a Calm, when all of a sudden I received your Lordshiji's Desj)atch, No. O'J., coiit.:ining the Royal Assent to all the Eills I had reserved, which not only confused the Arrangements the Legislature had commenced, but throughout the whole Province caused the Resurrection of the Republicans as j)oliticaI Commissioners, with large Sums of Money at their Command. Ou receiving this Connnunicaticm my first Lnjjression was to suppress it j and the Necessity of adopting this Course was earnestly urged upon me by those Individuals whose Opinions I am officially entitled to consult ; however, on Reflection, it appeared to me that I ought to allow myself to be driven by the Republicans from this Province rather than i)resumo to stay the Execution of the King's Will, and accordingly, of Two Evils choosing the least, I tnnis- mitted Mis Majesty's Assent to the TweUe Rills to both Houses of the Lfti'islature. My Lord, I liad not recovered from this Shock when I recei^•ed the C(Mi- tidential Despatch dated Wih Septemher 18.'5(), informing nie that, at the Instigation of Agents from only One Rrancli of the ^.egislature of New Rruns- wick, your Lordship had deemed it a 'visable, through Sir A. Cam])bell, to promulgate to all the North American Coionios, that among other Arrangements the Kxecutive Council was to be increased in Number, and henceforward to beeomposetl of Individuals " jxisurssinir tlie (ADi/hlrncr of'tlic Pi;oi'i,i;." In my Reply of the .Oth of March last to my late Executive Council, which had heen honoured by yoiu" Lordshi])'s Approval, I had stated: — "The Lieutenant (Jovernor maintains tiiat tlu" Responsihilitv to the Pkoi'i.e, " who are alreaily represented by the House of Assend)ly, which the Council " assumes, is unconstitutional ; that it is the Duly of the Council to serve him, " not Tnr.:\i." Voiu- Lordsldp cannot have forgotten the total Del'eat which the Republicans experienced by rashly attempting to drive nic from this invincihle I'osilion; ami as the British Population of the North American Colonies were eager S])ectators ofilie ("oiilliet, your Lordship will, I am sure, ])ar(lon me for expri'-sing the I'eeliugs of iMorlificatiim and Depression with wiiich I now recollect the Pro- phecies which, ever sitice the ('oininencen\entof the political \\\\y I have waged Iii^i'o, have invariably ibrbotled that 1 should not l)e supi)orted by the British Ciovernnient. " It is out of my Power" ( I staled in my Despatch, No. "^.M., dated Olh i^t April last,) " to describe to your Lordship witiunit the Appearance t^f ".Hxaggeratioii the Joy and Gladness expressed to me by all Paiiies at the (II.) Yy 1 ••constitutional No. 40. Sir F. B. Head to Lord Glenelg, 30th Dec. 1836. ^ I • .' ,'1 \ 860 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 40. Sir F. B. Head to Lord Glenelg, 30th Dec. 18:iG. " constitutional Resistance I have made, but I will not conceal from your Lortlsiiip tliat there is one Question at tiiis Moment in almost everybody's •0 iSIouth, namely, " M'ill the Lieutenant Governor be snpjjortecl by {lie " Home Government?" ^^ Hi: never will" say the Radicals; " IVeJearhewill " 7wt," say the Constitutioniats." My Lord, there is no Portion of your Lordshij s Instructions which I am not at tins Moment i)rej)aring to carry into effect. I have made it generally known that I am about to surrender to the Provincial Legislatu'^j the casuiil and territorial Revenues of the Crown, and I have also informed tl e Ch .irman of a Committee of the House of Assembly, to whom the Revision of the Land- granting Department has been referred, that under certain Restrictions I am authorized by His Majesty's Government, moreover, to surrender to the Pro- vineial Legislature the King's Authority to regulate the Disposal of the Crown Lands ; but I regret to intbrm your Lordship that the leading Recommenda- tion contained in the Report of the said Committee on the Land-granting Department is, that the whole of the said Crown Lands shall at once be offered to the Public (or, in other Words, to the People), at tiie low rice of 5s. an Acre. Now this is precisely the Evil which I anticipated, and which induced me in my Despatch, No. Gl)., most earnestly to recommend to His Majesty's Govern- ment " to loosen the Restrictions on the Land-granting Department, whicii have hitherto prevented the Lieutenant Governor of this Province from successfully gra})pling with those Speculators in whose Hands vast Tracts of Land improvidently granted by the Crown are and long have been lying stagnant." 1 added, " So long as the Lieutenant Governor of this Province be fettered " by insoluble Restrictions respecting the granting and Sale of Crown Lands, " so long will the Sj)cculators injure themselves, as well as the Country, by " keeping uj) the Price of Land, and by thus compelling British Emigrants to " settle in the United States. There can be no Doid^t that the Lieutenant " Governor of this Province, if he had Power, could bring these Speculators '• to Reason." But entrusting the Sale of th„ thrown Lands to the Provincial Legislature, insteatl of to the Re))resentative of the Crown, will, 1 fear, be productive of the following serious Difficulty. In all Colonies wliicli are but partly inhabited there cxi.st Two distinct Interests, which must unavoidably and ex officio be at variance. I allude to the Interests of those who are already in the Colony, and the Interests of those who are hereafter to arrive in it. The instinctive Rapacity with which the settled Inhabitants of a Colony prey upon the Emigrants who arrive in it must be actually witnessed to be cre- dited. The setiled Inluibitant soon finds that clearing his own Farm is nuieli less prolitable than selling Land to the poor Emigrant, upon whom all .Sorb of Tricks and Stratagems are practised; antl to such an Extent has tliis Dives-versiis-La/arus System been carried, that American Spi'culators liavc lately been known to con'i into Upper Canada from Michigan on jjurpose to outbid at our public Sale?' die British Emigrant, knowing (idl well that by doing so he will be driven for Refiige into their own Net. Even in this Province, as I have stated, the Committee of the best House of Asi^enibly we can ever hope to attain, at this Moment have actually ffamcil a Report, jjrnpoNing (before tlie Change in the Land-granting Departir.ent is actually promulgated) tliat the whole l'roi)erty of the Crown shall inmiedialcly be sold at .O.v. an Acre, although no Man in the Province can deny that aeon- siilerable Portion oi'it is at present worth liom Four to Ten Times that Sum, while S[)ots sailed lor 'I'own Plois are worth mure than Forty Tiua's that Amount. But who is there now in the Province to resist this Projjosal? The Members of the House of Assembly naturally are and always have been Land Jolibers. It is llieiefore not only (heir Interest, but the Interest ol their Coustitiieiits, as well as the Interest of the Legislative Council, that the Crown Lauds, or, as they are usually termed here, " the Waste Lands of tin " Crown," should be divided among " the People" at as low a, Price ;b possible, not with th<' slightest Intention of clearing them, but with a view to .'<(''l ovincial Lc^'islature, r, be productive of ON THE SUBJECT OF CANADA. 361 Against this there is not a * sell them exorbitantly to the poor Emigrant, dissentient Voice t ; * * * The only Individual in the Colony who might be expected to protect the Interests of the Emigrant is the Lieutenant Governor, bnt I fear this Expec- tation cannot now be realised ; for by the late Instructions to Sir .Archibakl Campbell, the Lit'itenant Governor, if he attempted to guard tiie Crown Lands, would not only h'nd the Two Branches of tiic Legislature against him, bui his own Executive Council might roa- "ably argue, that unless they also opposed him they w^iuld forfeit " the Q,,.ji(/«;ncc of the People ; " and it is impossible to otler a more convincing Proof of tiie Reality of this Danger, than by referring to the Petition, which shortly after my Arrival here was forwarded to your Lordship, earnestly recommending as Surveyor General of this Province a Clerk in tlie Office who had been proved to have been acting, contrary to express Orders, as private Agent. Your I-ordship has only to review this singular Petition to perceive that it contains the Names of ahnost every Member of both Houses of the Legisla- ture, and it therefore clearly follows that, had this Appointment depended on the Provincial Legislature, it would most certainly have been carried into eflbct. The Necessity of protecting the Emigrant from th.^ Rapacity of the settled Liliabilant has just been conh'rmed by the highest possible practical Authority, namely, f>y Mr. President Jackson of the United States, who, in his Message promulgated last Week, makes the following Confession : — " By pieventing the Extension of the C>.-edit System, it measurably cut off " the Means of Speculation, and retarded its Progress in monopolizing the most " valuable of the Public Lands. " It has teniled to save the new States from a non-resident Projjrietorship, " one of the greatest Obstacles to the Advancement of a new Country and the " PiOsperity of an old one. " It has tended to keep open the Puhllc Lnnds for Entn/ hj Emigrants at " Govern JiENT Puk r.s, insfend oj' their being eoinpelled to purchase of Specu- " hitnrs (it doiiljle or treldc Prices. It is confidently beliesed that the Country " will tiiid in theMotives which induced tluit Order, and the ha])py Consequences " which will have ensued, much to commend and nothing to condemn. " It remaitts for Congress, if they ajjjjrove the Polic y which dictated this " Order, to follow it up in its various Bearings. Much (.iood, in my Judg- " n)eiit, would be produced by prohibiting Sales of the Public Lands, except to " actual Settle s. " Indeed there is scarcely a Mischief arising out of our present Land System, " including the acfMunulating Surplus of Revenue, w Inch would not be remedied " at once hji a lustrirtion on Land Sales to AiTfAL SirrTLKUs ; and it promises " other Aihantages to the Country in general, and to the new States in jjar- "ticula', wliicli cannot fail to receive the most profound Consideration of " Ciingress." lam sure your Lordsliij) will feel very dee])ly the foregoing remiuKable Fact in Cdlonial Ilistorv, namely, that afler all llu' Systems have been tried, allerall that has been argued in favour trict inuuutable ])ublic Sales, the vetiMiui Prc- ndoiit of the United States, in retiring from political Life, has at last Iki'ii ol)lii>vd])iiblicly to confess "that nnicliGood would be produced by prohibiting " Sales of the Public Lands, e.icept to nitind Settlers" and that the saitl LukIs >hoidd be " kept open for Entry by Lmigraiits at (Joviits wi \ i Puk r.s." 1 heg your Lordship to eompnc this Oi)inion with ni) l)esp,»tcli, No. (il)., dated V'(tili August last, in which F n ^peelfully reconnnended "that His INFa- '' je-ty's (ioverumi'ut should loosen the Restrictions 'm flu- Land-granfiug "Department, which have hitherto j)re\euU'd ihe LituliMuuil CioviMiK.r of " this Province from successfully grappling with those Speculators in whosn " Hands vast Tracts of Laud inipio\ nil nlly granted by Ihe Crown arc and No. 40. Sir F. B. Head to Lord Glenelg, 30th Dec. 1836. loi ig have been lying stagnant. t Tlic Rciimiiukr of iliis I'.issiigc 1ms bti ii miiittiil iit ilir linnicst of Sir L D. Ihmil. CM.) Zs In 363 DESPATCHES FROM SIR F. B. HEAD, iUnx., No. 40. Sir F. 15. He a to Lord GIfiiclg, 'M.A\ Dec. isa6. In begging your Lordship to make this Co r.pari^rri 1 Va^-^ no Desire to claim tlie sMivlitest jNIcrit tor having foreseen the Diffi- iiau.i inch the Presiilei. v)f the 'Jnitetl Stiites in his late .Alessage so frani. ' ' :ie eventual Kesnlt of tliis noble inruggle, I had only required of His ^r ....y's Government the negative Assistance of not being undermined at Honus Tlie more seriously I contemplate the political Tranquillity of this Province, the more stedfastly am T conflrmeil in my Opinion that cool, stern, decisive, unconciliating Measures form the nio;^t po))ular Description of Ciovennneiit that can be exercised towards the free anci Canadas. hiuh-minded Inhabitants of the (Signed) I have, &c. F. B. Head. »» No. U. Sir r. W. iioail to Lnrd CI null Jim. 1H:;7. No. 41. (No. Jf^l.) Qcit of a Despatch from Sir F. B. IIi,ai), k.c.m., to Lord Gi.eni;lc;. My Lord, Toronto, Upper Cmmdii, Ifitli January 1837. Tui; Election of Aldermen and Common Councihnen li)r the Five Winds ot this City closed Yesterd.iy, and the Result is creating so nnich Sensat'on in tiiis Province that I feel it my Duty to commimicate it to your Lordshij'. Ever since the Termination of the geiu-ral Eleclions, in July last, the Wnii ot the Republican Faction, wlio.se Head Quarters are at Toronto, have Iieeit endeavoiiriiin a'-^ no Desire to lin.li the I'resiilci. I only connect [.^C ' ■\stim()iiy to ion wliiuli llic iirc- iLuiiately deprived of Attucliiiient to if I acknowledge n to the Constitu. from its low-bred fcrnment will not tenced to contend of the People ; f the People ; Confidence of the idcncc of His Ma- :he Representatives surrender whatever 1 of, (by which Ar- lay be, will lead all for the Guards at cmont because the iction, will perceive 2 shall actually be ideration the above Recommendations s which, on leaving itli Democracy in jle ;>i niggle, 1 had Assistance of not ty of this Province, ol, stern, decisive, on of (lOveninuMit Inhabitants of the have, &c. F. IJ. ll£AD. .ord Glen'i;lo. 1:1, ];!tli January 1H37. ^ ■ I he Vive Wunlsiit iiiiii'li Sensation in our Lordship. Inly last, the Wreck Voronlo, hiivc l)ei'n endeuvouiiiii; ON Tii;: SUBJECT OF CANADA. 363 ouJcavouring to demonstrate that the Re-action whidi has taken place through- oul Uic Country was the m.omentary Effect j)roduced by my Replies to the Addresses I received, and by tiic improper isiiuirg of Patent- ; in ihct, that their Outworks had bci ii carriod by a mere Coup-dc-mam, r^nci is the Election for the City a2)proaclied, it was determined by the Radicals to display the Power they yet possessed in their Citadel, by electing, as the new Mayor, either Mr. Mackenzie, or one of theTliree Gentlemen (Dr. Baldwin, Mr. George Ilidout, or Mr. Small,) who had been dismissed from Office by me. Ai> it mattered \cry little to me who was Mayor of this City, I can assure your Lordship that I scarcely ever gave the Subject a Thought, or indeed had Time to do so ; however, the Electors of the City having been Eye-witnesses of the Conflict I liad had wdth the Republicans — having l)een made acquainted with all the Accusations urged against me by Mr. ILuiie and Dr. Duncombe — having had an Opportunity of observing for Two jMonths the practical work- ing of the new House of Assembly, and of reflecting for a Year on the Course of Policy I had adopted, they luiecpiivocally expressed their Verdict in my Favour, by exterminating the Twenty Republican Candidates from every single Ward in the City, and by electing in their stead staunch Constitutionalists, who, in every Instance excepting One, liad Majorities of more than Two to One over their Opponents. As not a single Patent has been issued during the Elections, and as almost universal Suffrage prevails, the political SeU-puritication of this Metropolis offers a Moral which I humbly conceive does not require a Coinim.'iit. I have, he. The Right Hon. Lord Glenelg, (Signed) F. 13. Head. &c. &c. &c. No. 42. (No. 6. A.) Copy of a Despatch from Sir F. B. Head, k.c.ii., to Lord Glenelg. My Lord, Toronto, v^h February 18:57. Riu'EiuiiNc; to my Desjiatoh No. 0.5., dated 30th July last \far, in which I respccttiilly requested " that your Lordsiiip would be jileased to iiii()rni me from what Funds you would wish that my travelling Expenses incurred in thi inspectional Tour of this Province should be defrayed," tho>e Exjjenses not having been incurred in any way in the Inspection of Troops, I have the Honour to transmit the Vouchers of these Expenses (^ainounting to 'JD'J/. 7''''. I'l-) "^ ren- dered to me by my Aide-de-can. p, by my Civil Secretary, aiul by ^Ir. M'Mahon, Chief Clerk in the Government Oilice, wiio respectively accompanied me. As I have been h)ng su(fi.'ring considerable Embarrassment on account of the Question of my Salary having r"maiiicil unsettled, I beg leave once again to bring that J*'abjeet under your Lordship's Consideration, with the distinct Assurance on my Part, that all 1 have ever desired or do dc>:re is a moderate ecoiioinieal Reniuiieration for the Services I have been called upon to perl'orm. My Case is shortly as l()llows : — Alter I liad given up my Prospects in the Poor Law Commission, aiul had actually embarked at Li\er[)ool, I reeeiveil fiom the Horse (hiards a Notilica- tion that as no Aide-de-camp wouli' he allowed to me, Ca])tain Halkett could only accdiiipany me to America on Leave of Absence. I accordingly ileeined it ineuniheiit on me to pay his Passage Money ; anil on arriving at New York, feeling that I could not consistently with the Slaticm I held daily divide Accounts with my Secretary, Aide-de-camp, &'C., 1 jjaid li)r the whole of their Expenses lo Toronto. He(|uiriiig Money on my Arrival there on the 'J.'id of January, I liiuiul that although my Military Half Pay, as well as my Salary as Poor Law Commissioner, liad'uen filrl'eiteil fiom the '.'t)lli of November (the Date of niv Accenlauce of ipoiiitmenl), yet not only .r(t had 1 nothiuL to receive ni remuneration lu! iii(!«e Kvo Months Services, and for the Herious Expenses which on His Majeslv'.'- Service I had iicurred, but out of thi- nothing I was called upon to luiinediate Payment lo Sir, loliii Cidhonie of 1,0^0/. ibr Stoves, Kitchen jiaiattis, Household Furniture, &c. On rM,,,irsing with Sir John Colhorne, and on inspecting an Abstract of the annual (i,".ial Expeubcs he had nieurreii in maintaining the Dignity of his Ml ) Z / '2 Station, 1;;, ke No. 40. SIrF. B. H ad Lord Gl( 13th Jan •■■■ii= ih37. ,i' f Ill 11 1 11 ■iJ m x^*\-wAl D '^i ' [1.,,,.. ■■■; X No. 42. Sir F. 11. Head to Lord (ileiiclf;, 4tli Feb. 1S3C. 364 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 42. Sir F. B. Head to Lurci Glenelir, 4tli Feb. 1837. <« Station, I saw at a Glance that tliese Expenses exceeded his Colonial Income and that this toilsome Hospitality could not prudently be diminished. I also learnt that my Predecessors, Sir P. Maitland and Sir John Colborne had received the Colonial Salary of 3,000l. a Year, in addition to their tbllowinff Military Allowances: — Sir P. Maitland .... ^2,100 Sir J. Colborne (including his Regiment) - 1,.500 while in my Case my Military Allowance (my Half Pay) was actually to be suhtracti'd from the said Colonial Salary, thus reducing it to 2,830/., but little more than One Half of what Sir P. Maitland had received, although the Popu. lation of the Province I was called upon to govern had increased as follows: On Sir P. Maitland's Assumption of this Government i'o,miiit!()n. in 1818 - - - . . - 95,000 On Sir John Colborne's, &c. &c. in 18'28 - - 180,000 On Sir F. 13. Head's, &c. &c. in 1836 - - 3G7,000 My Lord, my j)rivate Funds had been so comj)letely exhausted by the severe unexpected Kxpenses which, without the slightest llennmeration had been indicted upon me, that I thought it would save His Majesty's Government much Trouble, if I were at once respectfully to declare clearly and unequivocally that unless my Means were sufficiently increased I begged to tender the Resignation of an Office which was sinking my Family into absolute Ruin, Accordingly havhig done this, in my Despatch, No. Sy., I explained myself as follows:— " At the Time I was reiiuested to assume the Government of Upper Canada, " I was in the Receipt of the following Emoluments: — " Salary of an Assistant Poor Law Commissioner •' Allowance of 1/. l.v. per Day *• Allowance of O*'. per Day in lieu of Travelling " Pay and Allowances to my Son as Clerk " Total annual Income which I gave up at the " Request of His Majesty's Government - " The following is a Li " imposed upon me. " For my Commission - - - ' For Travelling Expenses for myself and Suite, " with Oulrit " Paid Sir John Colborne for Part of his Fur- " niturc ..... •• Extra Expenses in England for Furniture, &c. " to be brought out ... ^700 383 5 Ki'l. 5 180 1,427 10 of Fines and Expenses which were subsequenth £0.10, 800 1,050 1,000 £2,dC)'Z In my Despatch, No. 5(S., I cancelled my tendered Resignation for the follow- ing Reaso'.i, " because I am determined that so long as my j)rivate Income can •' sustain the ])ecuniary Less I am enduring, it shall never be said that I " abanc'oned this important Tru.st on a Question of Money." In Def])atches, Nos. -H. and (Jk, your Lordship was ])leased to state that "if " ufLei a sufficient Length of Observation it shall be established to your Satis- " faeiion and my own that your official Income is inadecpiate t<» the Demand to " whif !i yoiir Office rea.sonabiy subjects you, I shall think it my Duty not for •' your own Sake merely, but with a view to the permanent Interest of tlie " Public at large, to stipidate for the necessary Increase of Salary as a Part of " that Civil List lor which His Majesty's Heredifary Revenue is to be sumMi- " dered," anil tJuit " no one who ))erseveringly and successlidly serves the Kinj; " on a conspicuous Theatre of Action can justly doubt that the Reward ol " such geui-rous Self-devotion will be dealt out with no niggard Hand by liis " King and Country." I have now as shortly as possible brought the Case before your Lordsliip's CousidiMafion, and confident that Justice will be rendered to nie, I have but little to add on the Subject. Your Lord>liip will not have forgollm that at a Moment's 'Warning I ('luycil the Call of His Majesty's Government, and at once, as in Duty bound, gave up my Prospects as well as those of my Son in the Poor Law Connnission. Your Lordship knows what Difficulties I have had to contend with lure, liow 800 ON THE SUBJECT OF CANADA. 365 how severely I liave been exposed to " Envy, Hatred, IMalice, and all Un- cliaritableness," in wiiat political Situation I found this Province, to what State I have now brought it, and what Assistance has been thus rendered to His Majesty's Go\'ernment in dealiiig with the Lower Province. I have still difficult Dutie.' to perform. I am living in a Climate very trying to my Con- stitution. I am leading a Life uncongenial to my Mind. My Children, who are I believe at this Moment on the Ocean, will rec .ive no Benefit from the Education this Colony can afford them, and under all tiiese Circumstances I beg your Lordship to consider what must be the State of my Mind when I calmly reflect, as I daily do, how much the Interests of my Family will suffer if the Possession of the Canadas be maintained by the Expenditure of my own private Fortune. In consequence of the Accession of Rank which is to be conferred upon me, I make no positive Demand for j)ecuniary Compensation, but I do feel that the following is wiiat I may reasonably expect to receive : — 1. That inasmuch as, instead of being conveyed in a Ship of War to Quebec, I was hurried in the Depth of Winter, vithout my Family, to New York, from thence to proceed to Canada by Land, for the express Object of fulfilling the King's Promise to the House of Assembly of this Province, my actual Outfit and Expenses to Toronto (namely 800/.), as well as tlie actual bona fide Ex])ensc of my Family, Servants, and Baggage from London to Toronto (wliicli I expect will amount to about 600L), but for which regular Vouchers shall be produced, should, as well as my Travelling Pjxpunses on my Indian Tour of Inspection, be defrayed by His Majesty's Government, for whose Interests alone these Expenses were specifically incurred. 2. That in addition to my Salary of 3,000/., which I declare to your Lordsldp is totnllij inadequate to my Expenses, such a Sum or Increase of Income be granted to me as His Majesty's Government may deem an economical and moderate Renumeration for the Services which I have had and still have to perform, and for the Profession and Prospects which, at the Request of His Majesty's Government, I abandoned. In estimating the Sum to be granted to me, I only ask your Lordship to consider for a Moment, first. What Remuneration any Comjiany of English Merchants would think it proper to allow to any Individual who had Claims upon them similar to those I have submitted ; and, secondly. Whether any professional Man in England, giving up a certain and well-paid Practice to serve His Majesty's Government, would consider mere Board and Lodging in a Foreign Country as sufficient Com})ensation for his Sacrifices and Services. If, in consequence of what I have now stated. His Majesty's Government should deem it just and proper to grant me tlie moderate Remuneration and increase of Income I have suggested, as an extraortlinary Expense required by a particular Emergency, I should feel quite satisfied at its being clearly under- stood that I am to hold myself liable to be dismissed at a Moment's Warning, and without Pension, as soon as cheaper Services can be procured. 1 have, &c. (Signed) F. B. Head. As the p>d)lic Expenses of my Station have involved me in considerable pecuniary Embarrassment, I request your Lordship to be so ■, oil as imme- diately to cause to be placed to my Account at Messrs. Praed anil Co. : — * For Outfit and Tra\eHiiig Exjienses of myself and Suite to Toronto, with Baggage, he. ikc. - .^'800 * Ditto, ditto, for Lady Ilead, (ioverness, Children, Four Servants, Furniture, Carriage, Baggage, &c. tiom London to Toronto ... 500 My Travelling Expenses in this Province, in consequence of your Lorilsliip's Order that I should report for the Intiirination of the House of Commons on the Reductions to be effected in the Indian Dei)artment - - - !2[)L) 7 7 No. 42. fcir F. B. Head to Lird Glenels;, 4tli Feb. 1837. £l,rm 7 7 • The fiboVB Journics were pi'iformtil in Winter, wliicli rinilt;rcil ilicm cxpenaivu. (11.) Z z 3 366 DESPATCHES FUOM SIR F. B. HEAD, Bart., No. 43. Sir F. B. Head to Lord Glenelg, 4ihFcb. IM7. ■■ili m No. 43. (No. 7.) Copy of a DEsrATCH from Sir F. B. Head, k.c.h., to Lord Glenelg. My Lortl, Toronto, Uiipirr Canacin, 4ih February 1837, I AM at last enabled to reply to tiie following Communications which I have had tlie Honour to receive tiom your Lordship : — 1. Despatch, No. 93., of the 'sth September 1836, enclosing to me a Copy of Dr. Duncombe's Petition to the House of Commons, as presented by Mr. Hume on the 19th Aug-iist last. 2. Despatch, No. 9(>., of the llZth September 183(), enclosing to me a Copy of a Correspondence between Dr. Duncombe and the Colonial Office on the Subject of the late Elections in Ui)per Canada ; as also a Copy of a Letter on the same Subject, addressed to Sir George Giey by Mr. Hume. 3. Despatch, No. 99., of the 22d September 1S36, enclosing' to me a Copy of a Letter addressed to your Lordshij) by Dr. Duncombe, " detailing the Charges respecting Sir F. Head's Conduct during the recent Elections in Upper Canada." 4. Despatch, No. 105., of tlie 31st October 1830, transmitting to me a Copy of a Letter addressetl to Lord Melbourne by Mr. Hume, who, enclosing a Memorial to be [)resented to His Majesty respecting what he terms "the extra- ordinary Proceedings of Sir Francis Head during the late General Election," states, "it is with deep Regret I complain of the Conduct of Lord Glenelg to the Agents of the Ileibrmers from Upper Canada, in having refused to give an Interview either to Mr. Baldwin, a Member of the late Executive Council, or to Dr. Charles Duncombe, Member for Oxford, in the new House of Assembly, although they came 4,000 Miles, deputed by their Colleagues, on purpose to explain to His Majesty's Government the Conduct of Sir Francis Head, the Lieutenant Governor, and of the public Officers in that Province. I most earnestly requested his Lordshij) to grant an Audience to the Gentle- men, as they had requested, but he refused those Applications, and tliereby behaved to them in a Planner which I do greatly regret." Before I proceetl to rej)Iy to the serious Accusations which have been thus made against me by Dr. Duncombe, a Member of the House of Assembly or this Province, as also by Mr. Joseph Hume, a Member for JMiddlesex, in the Imperial Parliament, I eousidor it my Duty to record the Feelings of Gratitude as well as of Respect whicii I entertain towards your Lordsliip for having directed your Under-Secretary to reply to Dr. Duncombe on the '21st otSep- teml)er last as follows : — •• Lord (jjenelg ilirects me to state, for your Iniormation, that he proposes to avail liimseli' ol' the earliest Opportunity for transmitting a Copy of that Letter to Sir F. B. Head, for sucli I'^xplanations as that Officer may be able to give resjjecting the Matters laid by you to ills Charge. In the meantime his Lord- ship will of course suspend his Opinion on the Subject. He directs me, however, to state, that he cannot receive Accusations of such a Nature against a public ( officer ot' iiigh and unblemished Character, without recording his Persuasion that they will be fbiuul suscL'ptible of a salisfiictory Answer. Witli rel'erence to your Protest against Lortl Glenelg's Decision to carry on his Comnnmications with you, not in personal Interviews, but in >Vriting, his Lordship liarects me to observe, that the Obligation of .ncling with strict Impartiality lowariN all Persons with whom he is !)rought into official Inter- course would iiave turbithleu him to receive, in mere Conversation, Charges im])ugning the Honour and Reputation of any Man, however humble his Station in Liti.' ; nor can his Lordship tliiuls that, as i\ public Accuser of the Lieutenant Governor of r]»per Canada, 30U are justly enlitli'd to complain that you have been re(|uiretl to jireter your Charges in that Form in which alone thty couhl be expressed with Precisivin, and subjected to the Test of an e\act Inquiry." On the RiL'cipl of your Lordship's Desjiatehes which I have referred to, I deemeil it advisable to lay tliem, without Lo.ss of Time, before the Assembly, and accordingly, on the Day that the House replied to my opening Speech from the Throne, 1 transmitted to it the Ibllowing Message : — " F. 11. ord Glenelg. jrdsliij) for li;iving in the !>Jlst ot'Sep- ON THE SUBJECT OF CANADA. 067 " F. B. Head. " The Lieutenant Governor lias received from His Majesty's Government a Copy of a Petition addressed to the House of Connnons by a jNIember of the House of Assembly of Uppor Canada. " As the Lieutenant Governor conceives that the said Petition contains Allegations which atfect the Liberty of the Iniial)itants ot' this Province, as well as the Character and Privileges of the House of Assembly, he deems it aJvisible that the House shoukl be immediately acquainted with the same, and he therefore transmits a Copy for their Information." This Message, with the Documents which accompanied it, were referred by the House to a Committee, whose detailed Picport, with the Ilesolutious of the House, amply and speciHcally refute all the Accusations brought by J\Ir. Hume before the House of Commons, before Lord Melbourne, and before your Lord- ship ; nevertheless I feel it proper that I shoukl myself reply to those C^harges wlucli directly assail my own Character. Dr. Duncombe's Petition, as presented to the House of Commons by Mr. Hume, commences by asserting that he has been deputed to England by the Reformers of Upper Canada. It is my Duty to inform your Lordship, that this Assertion is totally and wilfully devoid of Truth. Dr. Duncombe's Departure from Upper Canada fur England was known only to a very few Individuals, who, for Reasons which shall hereafter be explained, kept it such a profound Secret that Dr. Duncombe's own Family were, I am credibly informed, in Ignorance of what had become of him. He end)arked at New York under a false Name, by which he was addressed during the whole of his Passage ; and such Secrecy was preserved, that not even his own Constituents were aware that their llej)resentativc had left America to utter C omplaints in their Name to the British House of Commons, until the Arrival of English Newspapers astonished the Province of Upper Canada, by divulging the Petition which Mr. Hume had presented for him. On Dr. Duncombe's Return to U]iper Canada, and on his appearing before the Committee whose Duty it was to investigate his Petition, lie did not venture to attempt to prove, or even to assert, that he hid been deputed to Fjigland by the Reformers, or by any one; neither by Documents nor by Witnesses did he attempt to substantiate a single one of his Allegations; and though he assumed his Seat in the House of Assembly, never once did he open his I.ips on the Subject, but in a few Days ignoininiously shrunk from the Investigation. The Committee, however, not satisfied with this negative Proof of his (iuilt, summoned before them and examined the leauuig Radical ^Members of the late as well as of the prcjciit House of Assembly ; for instance, they examined — 1. The Speaker of the late House of Assembly, Marshall Spring Bidwell, Esq., who scarcely a Month ago, when called ujion by your Lordship to avow in this Country the Allegations contained in his Letter concerning me to your Lordship, declined to do so. 2. Dr. Baldwin, President of the Constitutional Reform Society, Chairman of the Toroir o Political Union, the Father of Mr. Robert Baldwin (One of the Members of my late Executive Council, who was lately in iMigland with Dr. Duncomboj, and lately dismissed by me from the Office of Judge of the Sun-ngate Court. 3. Mr. Peter I'erry, Chairman of the Committee of the late House of Assembly, which drew up the Re])ort against me concerning the Executive Council, the Leader of the Radicals of the late House of Assembly, and wliose Name has lately been omitted by me in the Commission of the Peace. The aliove-nanied, as well as all others of the same Party who were examined, confessed that Dr. Duncombe had not been ilejiuted to England by f/icm, several of them admitting that they liiul not even known of his Departure till they saw it announced in the British Newspapers; and though the Com- mittee were engaged in the Investigation more than Two Months, not a single hulividual in the whole Province of U])])er Canada ventured to come before tliem, before me, or bef()re either House of the Provincial Legislature, to assert directly or indirectly that Dr. Duncombe h;id been deputetl to England by him, or by any Portion of the I'arty seit'-iiamed Retbrmers. (11.) Z z t I must No. -13. Sir F. 15, Head to Lord Glenelg, 4th Feb. 1837. '1 V' 1 ! i| Iff" '' 868 DESPATCHES FROM SIR F. B. HEAD, Dart., Si N o. 43. F. B. Head to Lord Gleiiel)?, . Head and his Dependents, of which the People of Up},er Canada complain, and which the Reformers instructed me to point out to your Lord- ship jiersonally." • * • • "I very much desired to communicate to your Lordshi}) personally :ts connected with the present discontented and iniha])py Condition of the People of Upper Canada, which could have been done much more readily and satisfactorily verbally than by Letter, and for which especiid Purpose I was deputed 'o this Country." " I take this Oj)portunity of enclosing my Protest against the Course which your Lordship has adojittil of refusing to grant me an Interview, at which I should have done more Justice than I now can to the important Duty iinimei vpon me hy iny Fellow Countrymen in Upper Canada. " I shad retiu-n to Upper Canada and report the Treatment I have received, and what the I'^xpectations of my Countrymen for Justice can be from the Colonial Minister." *• I have therefore, my Lord, as the only Resource left, in the Name and in behalf oi' the Reformers of Upper Canada," &c. &c. Mr. Hume, in his Letter to Sir George Grey, of the 19th of August, states, " Allow me to introduce the Rearer, Dr. Duncombe, Member of the New House of i\.ssenibly of Ui)jier ( 'anada, come to Enp^land expressly at the Bequest of the Reformers ofUpjier Canada to state to Loril Glenelg Circumstances connected with the Elections in that Province very important to be made known to the Colonial Office. I request you will give him an Oj)i)ortunity of stating to his Lordship tlie important Details he has been commissioned to make known to His ^lajcsty's Govenunent here." Mr. Ilume, in his Letter to Lord ^Melbourne, dated 3d October, stated— " My Lord, " AVlien I last had an Interview with your Lordship I requested your Atten- tion to the State of Upper Canada, and to the extraordinary Proceedings of Sir Francis Head during the late general Elections. " It is with deoj) Regret I com|)lain of the C(mduct of Lord Glenelg to (he Agents of the licfoniiers from Uj)per Canada, in having refused an Interview either to Mr. Raldwin, a Member of the late I-lxecutive Conned, or to Dr. Cliarles Duncombe, Member for Oxford, in the New House of Assembly of that Province, although they came 4,000 ]Miles, deputed hy their Colleagues, on purpose to explain to His Majesty's Government the Condiut of Sir F. Head, the Lieutenant Governor, and of other public Officers hi that Province. " It ajipears that Sir F. Head has put down the Reformers hi Upjier Canada by giving his oliicial Su[)i)ort to tiie Tories and Orangemen, and he has acted by fabricating A'oles after the Elections had been begun, to overpower the old Electors. " I trust such Conduct will not be countenanced by the Rritish Parliament, from wliom alone, after such Conduct, the People of Upper Canada can expect to obtain Justice. •« I cannot believe that your Lordship is acquainted with the State of Affairs in Upper Canada, and with the Conduct of Sir F. Head, or you would not approve of the Proceedings of the Colonial Otiice towards these Agents from the Province,— CxmCinci which appears to me calculated to drive the People to Desperation." While I RT., Evidence with the d Mr. Hume, nons, states "That Province to lay be- use tlic dangerous rrived, tlirough the ed by Sir F. Head, diate Infiueneeand a Majority in the h of September, he nstiti.tional Acts of of U^jj.iir Canada out to your Lord- red to communicate nt discontented and uld have been done ;tter, and for which 5t the Course which iterviow, at which 1 )rtant Duty inipused •nt I have received, :e can be from the in the Name and in th of August, states, jr of the New I louse it the Request of the mistances connected made known to the lity of stating to his to make known to )ctober, stated- nested your Attcn- nary Troceedings of .ord Cjlenelg to the ■fused an Interview vo Council, or to House of Assembly //// their Colkagues, In t of Sir F. Head, At Province, n-s in Upjjcr Canada n, and he lias acted Lo overpower the old - Hritish rarliamcnt, Canada can expect the State of Affairs , or you would not lesc Agents fmn the drive^the People to While ON THE SUBJECT OF CANADA. 8G9 While the foregoing Statements are fresh before your Lordship's Mind, I think it advisable I sliouhl clearly oxj)hiiii the ])recise Extent of Authority vhicli Mr. Hume was invested with in England to act in the Name anil on behalf of " the People of Upper Canada ;" which Fact will be best elucidated by tiie following Extract of the Committee's Rejiort, which, after a most patient Inve-tigation, has just been adopteil by more than Two Thirds of the Menibeis present in the House of Assembly. " Before closing their Report, the Committee ieel it their Duty to call the Attention of your Honourable House and the Country to the Fact, that the Petition was presented to the House of Commons by Mr. Joseph Hume, a Member of the Imperial Parliament tor the County of Middlesex, and that that Gentleman ajjpears to have been chosen as the Agent through whom Mr. Dun- combe and Mr. Robert Haldwin have conducted their Communications with the Colonial Office. And it further appears, tiom Letters of Mr. Hume addressed to some of the Ministers of the Crown, that lie is desirous oi" representing him- seli'as the Agent, or, at all events, as being authorized to express the Sentiments of the People of Upper Canada on the Subject of their political Feelings and the luiblic Atliiirs of the Province. Your Ccmuiiittec are of o])inion, that the Iloiuuir and Character of His Majesty's loyal Subjects ui this Province require that it should be promptly and emj)hatically declared l)y their Rej)rescntatives, that Mr. Hume is among tiie last l\Ien they would select to advocate their Cause, or represent their Feelings or Wishes to the British Nation. The People of Upper Canada recollect, that in the Year IHSl, Mr. Joseph Hume addressed a Letter to a Correspondent of his in this Country, which, referring to his Cor- rcspniulent's recent Expulsion from and Re-election to tlie Assembly, contained the Ibllowing treasonable Language and Advice : — ' Your trinin])h(iNt Elcitlon, (if'the l6th, and Ejectionfrom the Assenil)/// of the llth, must hitsten that Crixi.i fi'hich is/ant approaching in the Affairs of the Canadas, and which irill ternii- nntd ill Independence and Freedom frotn the baneful Doniinatimi if the Mother Country, and the tj/ra/inictd Conduct of a small and despicable Faction in the C'ulmi/. The Profeedings between 1772 and 1782 in America ought not to he forgotten ; and to the Honour of the Americans, and for the Interest of the civilized World, let their Coniluct and Result be crer in rieic' And when it is remembered with what Indignation and Disgust the Publication of this detes- table Communication was received throughout the Province, His Majesty's loyal Subjects cannot but regard with Abhorrence the Idea that the Person who had thus insulted tin ni should be suj)posed by their Sovereign ami their Fellow Sub- jects in the United Kingdom to be theii accredited Agent, that they held any Commimication with iiim, or that he was in any way clothed with Authority to speak their Sentiments, or represent their Mews on any Subject public or private." It certainly does ajijiear, from the Extracts I have submitted to your Lord- shi]), that Mr. Hume and Dr. Duncombe, in undertaking to represent the People of Upper Canada, possessed as Agents no other Credentials than those which in London they mutually imparted to each other; for the House of Assembly seem to re})udiate Mr. Hume as unequivocally as Mr. lUdwell the late Speaker, Dr. Baldwin the Chairman of the Cousti' tional Reft)rm Society, the Chairman of the Toronto Political L'uion, and the other Relitrmers examined by the Com- mittee, combine in repuiliating Dr. Duncombe. Mr. Ilume, in his Letter to Lord Melbourne, says, " I cannot believe that your Lordshii) '^ acciuaiuled with the Stiite of Atfairs in Ujjper Canada ;" and adds, that the Proceedings of the Colonial Office are " calculated to drive the I'ciqile to Desj)er(dion ;" but the House of Assembly a])pear totally to disagree ill Opinion with Mr. Hume respecting the })olitical State ofU})per Canada, lor they state, " the Result of the Election is knoirn, and from that Period to till! preen f Peace and TritinjuiUilii have existed throughout the Province, and I'liitiiiue to exist tvithout the slightest Interruption ; and it »ia^ be truljj said, in (ilijiosition to the Statements of Mr. Biddwin and Mr. Dunc(nnbe, that the Blensings of Conte/itnwnt and Unaninutii were never more ajipnrent among (iiu/ People than now reign throughout this higldij favoured Land." Having explained to your Lordship the Nature of the Credentials of Messrs. Ilume and Duncombe, I will now proceed to reply to the Accusations tlipy have made against me. (fl.) 3 A 1. Mr. J; No. i3. Sir F. 13. H^.id to Lorri Glenelst, Itli Feb. \H:i7. IMAGE EVALUATION TEST TARGET (MT-3) % .*'A^^ / A #,>' <■ ^^%^ ^ 1.0 I.I UitnA |2.5 Hi 1^ |2.2 IIM 1.8 111.25 III 1.4 III 16 ^ 6" ► V] 7. ^^''^*> .V z!^ W^'^ '/ Photographic Sdences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-1503 f ^-tV ^ '^ '^<. 6^ '%'■ 370 DESPATCHES FROM SIR F. B. HEAD, Baiit., No, 43. Sir F. B. Head to Lord Glenelji, 4th Feb. 1837. 1. Mr. Hume, in his Letter to Lord Mellx)urne, states, " It appears that SirF. Hea'i luis put dowu tlie UoforuKis in Upper Canatla by giving his official Support to the Tories and Orangemen." With respect to the Accusation of my having given Support to the Tories, I heg to remind your Lordship, that the very first Act of my Administration of this Government was my ajjjjointing to my Executive Council Three avowed lletbrmers. IJefore the Elections commenced, I particularly cautioned all those who were immediately about me to do nothing to influence the Contest ; and though Subscriptions were general on both Sides, I neither directly nor indirectly contribuletl myself: and 1 am assured by my Aid-de-camp, by my Secretary, and by all the Clerks in the Government Oificc, that they implicitly followed n)y Example. With resj)ect to my having given what Mr. Hume terms " official Support" to the Orangemen, the following Extract from an Affidavit of one of the Aldermen of Toronto, who possesses great Influence with the Orange Party, will show what was my Conduct towards that Body. Copy of Extract. " Deponent further made Oath and said as follows : That His Excellency the Lieutenant Governor, having been given to understimd that I had considerable Influence with the Orange Association of this City, sent for me (I think some Time in the Month of June), and intimated to me a strong Desire that the Orangemen should give up their usual Processions held on the 12th of July; which Desire being communicated to the Principals of that Body, together with His Excellency's Unwillingness, as expressed to the House of Assembly forcibly to prevent the saiil Processions as apparently desired by the House, an unusually large Number of the Association met, and of their own Accord, and agreeably to the Wishes of His Excellency, passed a Resolution iigainst Processions of any Kind on the aforesaid Day ; and accordingly no Exhibition of any Kind took place, although it was, I am informed, a usual Custom since the Year 1819. (Signed) " Alexander Dixon. "Sworn before me this 19th January IS.i?- (Signed) "George Glrnett, AlcliTniuii ami J. P. of the Citv of Toronto.'' «n As Mr. Hume, on an Occasion previous to Dr. Duncombe's Arrival in Englanil, brought my Name beU)re the House of Commons as a Supporter of Orange Societies in Ui)|)er Canada, I beg your Lordship's Perusal of the folhnving Extracts of a Correspondence which took place, j)re\aous to the Elections, between my Secretary and John Stewart, Esq., Deputy Grand Secretary of the Orange Lodge in North America. ' Sir, " To Mr. Secretary Joseph. " I have the Honour of acknowledging the Recei])t of yours of the 1 1th of May, and I entirely concur with the Suggestions of His Excellency, that the best Mode of securing the Tran(iuillity of the Province will be a voluntary Dissolution, In jjursuance of this Determination, I have called together the leading Men of the Association in and about London (Upper Canada), and they seem to be of One Heart and of One Mind that the Society be virtually dissolvccl, though a public Declaration to that Etfcct nuist originate with the Grand Lodge of British North America, which will shortly meet. " I have, &c. (Signed) " John Stewart." " Erom Mr. Secretary Joseph to John Stewart, Esq. "Sir, . " Guvorniiient House, 9ili Jiim'l83(). ' I am directeil by the Lieutenant Governor to express to you his high Approbation of the Sentiments contained in your Letter respecting the voluntary Dissolution of the Orange Associations in this Province. ^ 3 ^ "Ills ,EXANDER Dixon. sq., Deputy Grand ON THE SUBJECT OF CANADA. 871 " His Excellency is of opinion that such Determination would be highly creditable, and that tlie Example would be worthy of Imitation by all who desire to promote the Peace and Harmony of Upper Canada. The Address you forwarded for His Excellency's Inspection is herewith enclosed. •' I have, &c. (Signed) "J. JosErn." '2. Mr. Hume, in his Letter to Lord Melbourne, states, "It appears that Sir F. Head has acted (by fabricating Votes after the l-llection had begun to overpower the old Electors) contrary to the Rules laid down by the preceding Colonial Secretary, and in violation of tlie Rights of tlie l'eo])le." My Lord, the Accusation which Mr. Hume, as a Member of the House of Commons, has thus made against me to His Majesty's Prime Minister, of "fabricating Votes," is so infamous, it is so derogatory to the Station I hold, and so subversive of the Liberty of the People of Upper Canada, that I feel it incinnbcnt upon me to give your Lordship the clearest possible Explanation oil the Subject. ^Ir. Hume's Expression of my ^'fabricating Votes" as well as Dr. Dun- combe's Expression of my " issuing Patents on (irants of Land," seem to denote that Patents, which arc nothing more or less than Title Deeds of Land, emanate solely and at will from the Lieutenant Governor ; wliereas the Pact is, that the Lieutenant CJovernor has no Power whatever to bestow Land upon any one, his Signature only comj)leting the Title arising out of iepal Claims, which it is out of the Power of the Lieutenant (Jovernor to extinguish. For instance, the U. E. Loyalist, appearing before the Magistrates of his own District in General Quarter Sessions assembled, jiresents his Claim in tlie Form of a Petition, which must be authenticated by a Certificate signed by the Chairman of the Sessions in open Court and countersigncu by the Clerk. The Petition is presented at the Government Office, whence it is referred to the Inspector General to report in Writing, on the Back of the Petition, whether the Name of the Petitioner be on the U. E. List, of which he has oflicial Charge ; if so, it is then referred to the Executive Council, when, in conformity with His Majesty's Regulations, an Order is made in favour of the Petitioner of 'ZOO Acres. Tlie next Step of the Petitioner is to select the Location of his Grant at the Office of the Siu'veyor G'.'iieral, who gives him a Ticket containing the Number of his Lot, the Number of the Concession, and the Name of the Township. The Ticket also stiites the Quantity of Land required to be cleared, and requires actual Settlement to be made within Two Years, otherwise the Location to be null and void. When the above Con- ditions are all complied with, the Grantee is entitled to claim his Patent or Title Deed upon turnishing satisfactory Proof, which consists either in the Certificate of a Land Surveyor, or in the Affidavit of one or more Persons cognizant of the Eacts. The following Formalities are then required, not only for U. E. Claims, but for (ill Patents of Land. On the last-mentioned Certificate being presented to the Surveyor General, he issues a Description of the Land to the Attorney General, who embodies it in his Drafl of the Patent, which is engrossed by the Provincial Secretary and sent by him to the Attorney General for Examination, by whom, if correct, it is countersigned ; it is then returned to the Provincial (not the Governor's) Secretary, who also countersigns it j and when all these Forms have !)cen compli'tetl and complied with, the Patent is presented for the Signature of the Lieutenant Governor : it is then taken back to the Office of the Secretary and Registrar, who atlixcs to it the (ireat Seal, registers it, and when called upon ilelivers it to the Grantee or his Agent, which completes the Trans- action, I trust that the bare Recitid of the foregoing precautionary Formalities will juove the Impossibility of my having been guilty of the Charges brought agiiinst me by Mr. Hume, namely, of "having fabricated Votes to overpower tlie old Electors." From the Date of my Arrival in this Province to the present Hour, in no one Instance have I ever withheld from any Individual my (11.) 3 A a Signature No. 43. bir F. U. Head to Lord GJene.e ■tth Feb. 165; ■llijil t : m ■ 1 1 i 1 I i 1 ii ti ■ c 372 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 43. Sir F. B. Head to Lord Glenelg, •Jth Feb. 18.S7. »«. i||^ Signature to that Patent or Title to his Land, which, bearing the Signature of tlie Attorney General, has thus been officially declared to me to be Jiis Due • and, on the other hand, in no one Instance have I ever affixed my Signature to a Patent which did not carry on its Face that Mark of Authenticity. I s(>Iemnly declare to your Lordship, that in no one Case liave I ever stopped for a Moment to consider what might be tiie political Opinion of him whose Name inscribed upon a Parchment was demanding from me a Iligiit wliich I am proud to feel I am not entitled to withhold ; for my Stiition of Lieutenant Governor would be despicable indeed if my Powers enabled me to deprive a British Subject of his Rights. Having in general Terms explained to your Lordship the Manner in which Patents are granted in this Province, and liaving also in general Terms denied Accusations made against nic on this Subject by Mr. Hume and Dr. Dun- •conibe, I will now proceed to rely to the particular Charges alleged. It is stated, " tiiat Sir F. Head, in order to overwhelm these legally registered Electors, issued a large Number of Patents or Grants of Land under the Great Seal, iu many Cases lor only a Quarter of an Acre of wild Land on wliicli no Buildings are erected," and that " Thousands of sitcli G rants of Land wercisxucd and voted upon at t/ic Elections," The Appendix to tiie Report of tlie House of Assembly contains Returns ot every Patent issued by me since I assumed the Government of this Province, the i)ate of the Order in Council under which they were completed, with other Particulars. From these it will appear, that the whole Number of Patents issued under Orders in Council from the Day of my Arrival in tiiis Province to the Close of the Election amounted to 233 Of which Number there were. Females .... - 30 Purchasers from the Crown who had paid up their Purchase Money- 7 Settlers under the Honourable Colonel Talbot and the Honourable Peter Robinson, who were entitled to their Deeds u])on producing Certificates of having j)erformed their Settlement Duties - . 73 U. E. Loyalists, Militia Men, Pensioners, and old Soldiers - - I'.'o I bog your Lordship to compare the above Statement with Dr. Duncombc's Assertion, that " Thousands of Grants of Land were improperly issued to over- whelm legally-registered Votes, and acted upon." Dr. Duncombe, since his Return here from England, has not even attempted to prove that a single One of the above 23.3 Patents signed by me betwooii the Day of my Arrival and the Close of the Election was improperly issued ; but supposing for a Moment that the whole of them had been granted tor the base Purpose of influencing the Elections, your Lordsiiip will perceive, by the following Comparison, what P^ffect would have been j)roduced : — Nund)er of Patents issued by me 233 Number of Persons who voted at the late Elections - . - 20,^^'' In taking leave of this Subject, it oidy remains for me to declare to your Lordship, most deliberately, that I did not corruptly issue a single Patent, iind that Mr. Hume's Assertion, that I " fabricated Votes to empower tliu old Electors," is totally incorrect. 3. Dr. Duncond)e, in his Letter to your Lordship of the 20th of Sejitenibcr. states, that •' Public Money has been most unconstitutionally placed at the Disj)osal of Connnittees or other Agents of tlic Tory Candidarcs, to assist them in their Elections ; that the Sum of .5,000/. was placed at the Disposal of the Tories calling themselves the Constitutional Society, to be expended in aidiii;' the I'^lection of the Tory Caiulidates." Your Lordship will perceive from the Evidence brought before the Com- mittee, that the above Allegations arc also without the slightest Foundation. To this Evidence, I have only to add my Declaration, that not a Shilling' of the Public Money was expended in the way stated, or in any way direilly or indiicclly placed at the Disposal of either Party. 1.. Dr. Duncombe next states, " that another Sum was jjlaced in the Hands of the Clerk of the House of Assembly, with Instructions to go to the Eastern District, and use that Money to the best AdvanUige (no doubt corru|)tly), tor securing the Election and Return of Members who would support the uncon- stitutional Policy of Sir F. B. Head." As ''M ON THE SUBJECT OF CANADA. 373 As every \^'^ord of this Statement is incorrect, I feel it necessary to lay before your Lordship the Truth. Shortly before the Llections took ))lace I received a Letter, dated 14th June, from Mr. M'Lean, Member for Cornwall, and now Speaker of the House of Assembly, informing me that Acts of extreme Violence had been committed by the Irish Labourers working on the Canal at Cornwall, " which, rendered it unsafe for the Inhabitants to travel on the jiiiblic Highways;" and earnestly praying that a Body of Troojjs might be sent down previous to the ap])roaching Election. Shortly aflerwards I receivcil a similar Letter from the Siieritf, urging the " imperutivc Necessity fur the Presence of Troops:' Ader giving the Subject considerable Reflection, I was so averse to tlie IVniciple ot' sending Trooj)s to the Neighbourhood of an Election, that I posi- tively declined to do so ; at the same Time, feeling that, in the Case of any of the Inhabitants being murdered by the Irish Labourers, considerable Responsibility would rest u])on me for having refused the Application of the Sherirt" and of the Member for Cornwall, I determined to send down Fifty Stand of Arms, to be used by the Militia in ease of absolute Necessity i but to render Security doubly sure, I selected Colonel Fitzgibbon (who, though Clerk of the House of Assembly, is a Soldier universally respected in this Province for his well-tried Coolness and Intrepidity in Action), and placeil the Arms in his Charge, with strict Orders and Instructions not to deliver them up to the local Magistrates, however urgently tlicy might require them, unless he himself was convinced of the absolute Necessity of doing so ; and, as he could sjjcak Gaelic, I directed him to use every Persuasion in his Power to prevail upon his Fellow Countrymen to keep the Peace. Colonel Fitzgibbon succeeded admirably in his Mission ; no Force was required ; no Disturbance took place. On his lleturn he aj)j)lied to me tor Remuneration ; I submitted his Application for the Consideration and the Report of the Executive Council, who recommended that he should receive for the Seventeen Days that he wius absent Two (luineas per Day, with his actual Travelling Expenses. The Sum of -ty/. Ma-. !id. was accordingly ])aid to him, and thus ended the AfHiir which in the Petition i)resented to the House of Commons by Mr. Hume is so grossly misrepresentecl. ,'5. The Petition presented by Mr. Hume states, "that tiie Elections were fixed by tlic Lieutenant Ciovernor at Places to favour the T(Hy Candidates." In reply to this Allegation, I have only to state that of the Thirty-nine Towns and Counties where El;'Ctions were held. Thirty-eight were re-a])pointed by nie (with the Ailvice of tlu Executive Council ) at the same Place-, whore they had been held by Uirec ion of Sir John Colborne at the late (ieneral Elections in IHSl. C). The Petition also stiitcs, " that the Returning Officers were appointed by the Lieutenant Governor of such Persons as were known most likely to forward his \'iews." In reply to this Allegation, I have to state that in the Thirty-nine Towns and Counties where Elections were held I re-aj)j)ointed fwith the Advice of my Executive Council) the same Returning Ollicers who had been aj)poiuted by Sir J. Colborne in the Elections of 1831', excepting Four, one of whom was dead ; where the Returning Officer became himself a Candidate, and conse- quently declined to act, anoiher Person was appointed in his Stead. 7. In Mr. Hume's Letter to Lord Melbourne, he states, "It appears tiint Sir F. Head has put down the Reformers by giving Support to the Tories and Orangemen." I have alreaily shown to your Ix)rdship that instead of having "supported the Orangemen," as stated by Mr. Hume, I not oidy discouraged their Pro- cessions but actually prevailed ui)on the Orangemen to discontinue them ; that when called upon by the Individuals of the Party which Mr. Hiune designates as Tories to support them with Troops, I positively declined to do so. I also beg leave to inform you'' Lordship that the Day after the Three first Town Elections began, and a Week before the County Elections took place, the Wcsleyan Methodists, whose Assistance at the Elections wouUl have been of the greatest Service, forwarded to me an excellent Address, expecting of course that I should reply to it, as I had replied to the Sixty-seven Addresses I had previously received. (l-L) 3 A 3 The No. ■iH. Sir F. |{. Hoail tu L'lrd (ileiiL-lg, 111. Feb. 183";. I' I 'tlii 1 flffnT liijil ,1 374 DESPATCHES FROM SIR F. B. HEAD, Bart., No. JiJ. Sir F. B. Head to Lord (ili'iielg, 4ili Feb «H,S7. ' Cil) of ToroiUo, to wit. Tlic Answer I gave to this Address from the Methodists, as well as to similar Addresses which almost at the sjune Time I received from tho United Synod of Upper Canada, from the Townships of Nepean, Goderich, Wanvick, Ramsey, and from Gananoguc, was as follows :— "Gentlemen, — As the Elections have commenced, I must decline giving any other Reply to the Address I have just received from you than merely to acknowledge its Receipt." I may also mention, tiiat just before the Elections began I was very earnestly entreated to j)roinnlgate some Ajipointments in the Militia which had long been promised, and which it was represented to me would greatly assist the constitutional Candidates. In reply to these Applications, I expressly ordered the Ailjutant (ieneral of Militia to make no Militia Appointments of any Sort during the Elections ; and. that I might not be misunderstood, with my own Umd I wrote for the Adjutant (Jeneral a Letter for him to copy on tht Occasion, stating that I was unwilling to approve of the Names recommended " iiiifil fhe Election is concladed." I also submit to your Lordship the following Jtixtract : ^1 " Personally came before me George Gurnett, Esq., one of the •* Aldermen and Mayor elect of the said City, Alexander Dixon, Es-j., one of the Aldermen elcct'i'or said City, who, being sworn upon the Holy Evangelists, deposeth and siiid as follows : " Having read in some of the public Papers a Document purporting to be a Co])y of a Petition from Dr. Charles Duncombe to the House of Connnons, in which it is aliogetl that His Excellency Sir Francis IJ. Head, in order to enable Peop/le to vote at the late general Elections, issued a Number of Patent Deeds without rcciuiriiig the Payment of the usual Fees, I feel it my Duty to st'':e a Fact which came to niy own Knowledge in disjjroof of that Alleganon. During the Period of the Elections, I was requested by a considerable Number of resident Settlers in the Second Riding of the County of York, many of whom had been from Twelve to Fitk'eii Years in the Country, and had made very valuable Improvements on their Lands, but not having paid the customary Fees were deprived of the Right of Franchise, to facilitate the issuing of their Deeds. Being anxious that these Settlers should have their Patents to give them this Right, I waited on Sir Francis M. Head, and after stating their Wishes to His Exceilencv and their Readiness to give the most ample Security for the Payment of the l-ces due ui)on their Lands, and after begging in the most urgent Manner 1 was capable of that their Request might be granted, His Excellency in reply emphatically said, * No, Mr. I) i. von, I cannot do it, if it should gain the ir/tole nf the Elections ;' which Reply I communicated not only to the Applicants but to many Perc^o'is in Town and Country." 8. In the Petition ])resented to the House of Commons by Mr. Hume, it is stated, that " in general every public Functionary made common Cause with the Tories and Orangemen against the Reformers." To this general Allegation I have only in general Terms to rejily, that as the Laws of the Province are oj>en to any one who conceives he has been aggrieved, and as there has not been a single contested Election, it is reasonable to infer that the Allegations contained in the Petition arc vexatious and groundless. 9. It is stated in Dr. Duncombe's Petition, as presented to the House of Commons by Mr. Hume, " that in the County of Oxford, wliere your Petitioner was a successfid Candidate, John U. Askin, Esq., Retiuning Oflicer, in the early Part of his Election, while the Contest was doubtful, refused to take the Votes of many Reformers. They declared their ^V'illingness to take the Oath of Allegiance at the Hustings, where it l:ad frequently been adminis- tered at former Elections, but which was utterly refused on this Occasion by Mr. John Askin the Returning Officer." The following Statement of Gentlemen of high Station and Character in this Province will prove to your Lordship, not oidy that the Allegation against Mr. Askin is incorrect, but that Dr. Duncombe, when he made it, must haw known it to be incorrect. "To ON THE SUBJECT OF CANADA. 375 •' To John B. Askin, Esq., Ilcturninfl: Officer at tlie late Election for tlie County of Oxford. " Sir, " Having read an Extract from the Petition of Charles Duncombe, Esq., to the House of Commons., in which you are charged with gross Partiality in the Execution of your Duty as ReturniTig Officer, we feel ourselves called upon to make the following Declaration on the Subject, leaving it optional with you to make whatever use of it you may think ex])cdieni. " At the Close of the Election Mr. Duncombe addressed the Persons present, and declared that, ♦ nlt/iough ho titu/erstoofl i/oii were of diji'erenf political iSen- timenls, he icns compelled in Justice to admit that ijour Conduct as lietitrning Officer had been most gentlemanh/ and impartial throughout the whole Election' " To the Truth of this Statement in >Siil/stance we pledge ourselves, and tve are readij at any Time tvhen called upon to c.onjirm it on Oath. " We have, &c. iSl'KNCn M.VCKAY. Edmond Deixles. U. 11. Pace. P. Graham, J. P., Commander, R. N. H. C. Bauwick. Thomas LAi'ONOTiEnE." lave been made against your Lordship to the (Signed) " Henry Vaxsittaut, Rear Admiral. Henry Vansittaut jun. \Vm. Bethuiuge, 15. D., Rector of Woodstock. John Hatch, J. P. W. Lai'onotieue. Samuel Norway. Having now replied to the various Allegations which me by Messrs. Hume and Duncombe, I L'cg to refer circumstimtial Refutation of them contained in the Rejiort, with its Appendix, of the House of Assembly. I am so confident that these Documents, together with the Evidence I have myself submitted, will establish my Innocence, not only in your Lordship's Mind, but in the Opinion of the House of (Commons ami of the Country, that I shall leave Mr. Hume, who has so wantonly attackeil my Character, to the Punishment of his own Reflections. Experience will now teach him what Honour and Justice ha\c faileil to inculcate, namely, that there is Danger in unjustly attacking the Character even of an absent Man. The House of Assembly of Upper Canada have forcibly expressed, in Language that cannot be mistaken, their utter Detestation of his Principles, wliiclj indeed Dr. Duncombe himself has reprobated by publicly selecting him to be the Organ of his Falsehoods. Repeating my Thanks to your Lordship for the Justice you have rendered to me by refusing to grant secret and irrcxponsible Interriews to a Party whose Clamour for the last Year has been in favour of '* open responsible Government," and repeating my Acknowledgments that the Instructions 1 received from your Lordship to correct all real Clrievances in this Province have enabled me to overcome the Difficulties that opposed me, I have, &c. (Signed) F. B. Head. " Resolved, That the Report of the Select Committee, to whom was re- ferred the Message of His Excellency the Lieutenant Governor, and Documents accompanying the same, on the Receijjt of the Petition of Charles Duncombe to the House of Commons, be adopted, and that an humble Address be presented to His Excellency the Lieutenant Ciovernor, praying His lixcellency to transmit a Copy of the said Report and the A])pendix to His Majesty's Principal Sccrctiuy of State for the Colonics, to be laid at the Foot of the Throne, and Two other Copies with the Appendix to the Secretary of State, to be presented to both Houses of the Imjierial Parliament. " Truly extracted from the Journals of the 30th January 1S37. / , (Signed) *' James Fitzgibbon. «< For adopting the Report, Yeas 33, Nays lO. ' " Absent 13, of whom 10 were Conservatives." (41.) 3 A 4 Sir No. 43. F. B. Head tu Lurd GIviiulgi •4ili Feb. 1837. !ii i t; ir^^i i 876 DESPATCHES FROM SIR F. B. HEAD, Baut., No. n. Sir F. B. Head to Lord (Jlenclf;, fitli IVIj. JK;)7. »« No. 44. (No. 13.) Copy of a Despatcii from Sir F. B. Head, k.c.ii., to Lord Glkxelg. My Lord, Toronto, Upper Canada, (Jtli Fchruarv 1837. I iiAVK the Honour to acknowlodgc the Receipt of your Lordship's Dispatch No. 11. '}. (which only arrived here on the (ith Instinit), in wliicii, referring to my havinj; removed Mr. Ridout from tiie Offices of Judge of the District Court of Niagara, Colonel of Militia, and Justice of the Peace, your i^ordshij) states •• it is with the deepest Rcluctiince that I override a Decision publicly ailoptd " by you, especially in a Case of the jiresent Natin-e." • • • «> i i,,,^,, " accorilingly to convey to you His Majesty's Commands that Mr. Ridout •* should be ])ermitted to resume the various Employments from which he •' has been removed." As the Refutation of the last Set of Accusations made against me, namely, those made by Messrs. Hume and Dimcombe (desjiatched to yoiu' Lordship only T\V(i Days ago), completed the Victory which, atler a Year's hard iMglitiinr, 1 have managed to gain over the ()j)ponents of the British Ccmstitution, it was with some little Disiippointment and Surprise that I received from His Majesty's (jovernment, a Communication amounting almost to a Dismissal, not in the lenient Form of being relieved, but by publicly being rendered incompetent to retain my Station. When my Predecessor Sir John Coibornc was ordered by your Lordship to lay before tlie House of Assembly of the Province he governed your Lordsliiji's decided Disapprobation of his Conduct, he preferred at once to tender his Resignation, a Course which I believe almost every Man of Honoiu- who has ever been placed in similar Circumstances has deemed it incumbent upon him immedialely to adopt. I feel, however, so confident that I can succeed in bringing Conviction to your Lordship's Mind that lam as innocent of having acted unjustly towards Mr. Ridout as I have been proved to be innocent of the various Allegations brought against me by Messrs. Hunv, Duncombe, Baldwin, Bidwell, Rolph, &c., that I ha\ e iletermined to submit to the Consideration of His Majesty's Government the following Statements and Observations : — It is ])erfectly true that in the Month of Jidy last I dismissed Mr. Ridout from the Situations of Judge of the District Court of Niagara, Colonel of the Militia, and Justice of the Peace, alleging to him, as the Grounds of my doing so, that he (Mr. Riilout) appeared to be an active Member of a Society which bad lately widely circulated a printed Address signed by Dr. Baldwin, Judge of the Surrogate Court, of which the f()llowing is an Extract : — ♦' It is our l3uty solemnly to assure you tl»at the C'onduct of Sir F. B. Head " has been alike a Disregard of Constitutional Govermnent and of Candour and " Truth in his Statements to you." It is also true that Mr. Ridout declares " he had nothing to do with drawing " up the Address alluded to ; that he had never seen it till it met his Eyes in a " printeil Form ; that he was not a Member of the Society from which it had " |)roceeded, and that at the Meeting at which the Society in (piestion was •' establisheil he opposed its Foundation on the Principles contained in the ♦' Resolutions brouglit forward by its Author," (which latter Statement I admit is corroborated by the Affidavit of Mr. Stewart, a Carpenter, who declares he was present on the Occasion.) If your Lordship will be .so good as to refer to the Letter from my Secre- tary to Mr. Ridout, you will perceive that it was not stated by me that Mr. Ridout had drawn u)) the Address alluded to, or that he had ever seen it till it nu't his Eye in a {)rinted Form, or that he was a Member of the Society from which it proceedetl. All that was declared wius that the Paper hail betii published by a Society "of which Mr. Ridout" (long afler it had been pla- carded all over the Province) continued " to appear to be an active Ai ember." I need hardly observe to your Lordship that Mr. Ridout as a Judge of the District Court must have known perfectly well that many a Man has been hanged as an Accomjjlice in a Murder who never saw it committed, and that V. hen a Society of avowed Republican Principles has placarded and published in the Newsj)apers a gross and wilful Insult upon the King's Representative, any -oril Glkn'klg. to do with dniwinL' ON THE SUBJECT OF CANADA. 877 aiiv Officer in the Service of His Majesty's Government might even legally be consiilereil an Accomplice by constantly attending the said Meeting, most ts]K'fially if, like Mr. Judge Uidout, he was heard to ntter there most intlumina- tory Speeches ; but the following Instructions to me from your Lorilship on this Sui)ieet admit of no Misinterpretation : — " 1 further unreservedly acknowledge that the Principle of effective Respon- '■ sibility should per\ ade every Department of your (Jovernment ; and for this '• Reason, if for no other, I should hold that every public Officer should depend " on His Majesty's Pleasure for the Tenure of his Office. If the Head of any " I)e|)artment should place himself in decided Opposition to your Policy, whe- " tlicr tluU Opposition be avowed or latent, it will be his Duty to resign his " Ojfice into j/our JIands." " Unless this Course be adoj)ted it would be impossible to rescue the Head " of the Government from the Imputation of Insincerity, or to conduct " tlie Administration of public Affairs with the necessary Firmness and " Dkcision." 1 most respectfully submit to your Lordship whether His Majesty's Govern- ment, after giving me the above Instructions to act with Firmness and Decision, is justified in suddenly turning upon me for having obediently carried them into ftlVct. I most respectfully ask, whether in framing the above Instructions it ever ucciirred to your Lordship for a Moment to conceive that I could possibly meet witii such an extreme Case of " Opposition avowed or latent " as that of Two Judges, who above all People ought to be immaculate from political Sin, openly attending a Republican Society, which at every Meeting grossly and publicly insulted the King's Representative ; the one Judge actually fixing his Name as Ciiainnan to a most infiimous Placard, the other constantly haranguing the I'eople. Supposhig, instead of being Members of the judicial Bench, the especial Duty of whom is by Examjjle as well as by Precept to maintain the King's Authority, they had been Officers of the Army or Navy, would any Quibble 01' .Subterfuge whatever be sufficient to secure them from Dismissal. Mr. Judge Ridont's legal Talents are sufficiently demonstrated by the Craftiness of his Defence and Evidence, which insidiously attempt to prove that he had " attended at the Meeting at which the Society in question was estab- " lislied, and opposed its Formation on the Principles contained in the Reso- " lutions brought forward by its Author." He conceals, however, from your Lordship the following important Ex- planation : Until Mr. Bidwell delivered to the House of Assembly Mr. Papineau's Letter, openly proposing to the North American Colonies to unite together for a revolutionary Purpose, the Society in question was known by the Name of the '* Alliance Society." On my dissolving the House of Assembly the Constitutionalists formed a " Constitutional Society " for the express Purpose of exposing the unholy Doctrines of this Alliance Society, some of the jNlembers of which, finding that it therefore required a Veil, proposed to change its Name from the Alliance to the Constitutional Reform Society. The most reckless and violent of the Party opposed this Cliange, preferring what is vulgarly termed here " to go tlie whole Hog." Of this Number was Mr. Judge Ridout, who, truly enough, informed your Lordship that he "opposed the Formation of the Society in question." Having given this short Elucidation of the Letter of Dismissal which my .Secretary addressed to Mr. Ridout, as also of his Reply, I proceed to your Lordship's Observation thereon : — Your Lordship suates, '• In deliberating on the Advice which it becomes my " Duty to submit to the King on this Occasion I have thought myself obligeil " to exclude from my Consideration every Ground which has been alleged in " defence of your Proceedings against Mr. Ridout which was not assigned by " yourself in your Correspondence with that Gentleman." " But, in the Absence of Evidence as to the Fact, you have referred nie " to the legal Opinion of the Solicitor General of Upper Canada, who states " tiiat Mr. Ridout most decidedlif did appear to be an active Member of the " said Society. It will of course not be ascribed to any Want of Rcsj)ect (U.) 9B " towards N.i n .Sir K D. Head to Lord Glciielg, (itli Feb 1837. No. H Sir r. IV Hcail to Lord Cik'nelfT, Gtli Fp!) IS'iT. *» ms DESPATCHES FROM SIR F. B. HEAD, Baut., " towards Mr. liagcrinan if I observe that I do not understand why anv lopil " Reference is necessary in this Case. Tiie Question involves no leijal I'riii. " ciple, but relates to a simple Matter of Fact: Mr. Stewart, though describing " iiimself as a Carpenter, is, 1 think, fiir more cnfitled to speak with Authorilu " on tliis Occnsiou tluni t/te Solicitor (htiienil of'tlie Prorinre." I cannot but believe that on Reflection it will be evident to your Lordship that if the solemn deliberate .Judgment of the King's liepresentative in a Ihitish Colony, without any Opportunity being aflbrded to him tor Kxplaiiation, be suddenly over-ruled by His Majesty's (lovernment on the mere Oeiiial ot the Individual sentenced to Punishment, supported onl}' by a NN'itness of imknown Character ; if, going still further, it be decreed tliat the Governor's oliicial explanatory Despatches on the Subject are to be treated by His Majesty's (joverinnent, to whom they arc res])ectfully addressed, as mere hearsay Evidence which must not aftect the Merits of the Case ; if the deliberate judicial Ojjinion given by His Majesty's Attorney (not Solicitor) General to the King's Representative be deelareil to possess no more Weight in the Miiul of His Majesty's (rovenunent than the Evidence of a common Carpenter,— I state with Deference that the Dignity, Power, and Authority of the Governor is virtually extinct. I respectfully std)mit that in no Department of the State, not even in your Lordshij)'s own Office, has it ever been deemed necessary, or even advisable, tliat every R nason lor which an Individual is to be relieved from OtHce must be stated to i..m. It may be necessary to remove a jiublic SerAant for many Reasons which it may not be desirable to explain to him, and even tor Rcisons which it might be impossible to explain to iiim. But in maintaining the Dignity of the Station of Lieutenant Governor of this Province I am, by your Lordship's own Instructions especially, absolveil from any such Necessity, for it is distinctly stated, " It is " the Duty of the Lieutenant Governor of Upi)er Canada to vindicate to the " King anil to Parliament every Act of his Administrati the Disapprohaiion of this Capital ujMin my Conduct, hy rctiirninj; Dr. Italdwin, Mr. Ridoiit, ami Mr. Small (wh'»ni I hml -Iso dismisM'd') as Alilormen l()r the City. Your Lordship knows the Resnit, which has oidy just takiii place, namely, that in spite v)f Dr. IJahlwin's Weaitli, in spite ot' .NIr. Ridout's KH'orts, in short, in spite of every tiiini;, tiiev coiii])lctolv failed in their Ohjeet ; and thon<;h they sontfht the C'rown of iNlartyniom in Knylaiul, they faileil in beins^ dubbed even Aldermen at Toronto! If I have imjnstly treated him it cannot be u Secret to tiie House ot Assend)ly ; but the Opinion which that Rraneh of the Le<,'islature his just forwarded to yonr Lordship, as well as to both Houses of the Imperial I'ariiii- nienr, states, — '• I'ew (jovernors of a Colony were ever j)laced in Circumstances of greater " DitHcnlty than those which assailed Sir Francis Head within Three Montlis •• of his assuminij the Ciovernment of the I'rovince, and it is perhaps not too •• much to say that no Man could have met those DitHeulties ( nngeiieroiislv •' and mneasonably thrown in his Way) with more Temper, Firmness, anil " Judgment than he did." Not satisfied witii these concurrent Verdicts in my Favour, on rcccivin^f your Lordshij/s Despatches ordering Mr. Ridout to be restored to his Offices, I again assembled my Council, who, without having been made actpiainted witli your Lordship's Decisions, forwarded to me this Morning the followhig Minute of their Opinions : — " In Council, 9th February 1837. " His Excellency the Lieutenant Governor was pleased To-day to come to " the Council, and to inform them that the Case of Mr. George Ridout, late •' Colonel of Militia and Judge of the Niagara District Court, had been referred •• to His Lxcellency by His Alajesty's Government, on an Application to His " Majesty by Mr. Ridout, praying for Redress. *' His Excellency, referring to the Circumstiuices under which Mr. Ridout's " Removal took place, and to the Fact that at tiie Time the Advice of tiie " Members of the Council then in Ollice had been recpiired, was ])leased to " desire the Opinion of the Council, as to the Question whetiier there was " any thing in Mr. Ridout's Statements, and whether any Circumstances have " transpired in the Knowledge of the Council since Mr. Ridout's Removal, •' wiiieli in their Opinion ought to induce His Excellency to make a Report to '* His Majesty's Government, or to come to any Determination respecting his " Case more fiivourable to Mr. Ridout than those already made and resolved " upon. •• The Members of the Council in Office at the Time of Mr. Ridout's " Removal feel bound to say, that to their Knowledge the Conclusion to " remove him fiom Office was not arrived at without much Deliberation and *' even Reluctance on the Part of His I-lxcellency, under the Conviction that " if Officers in the Employment of His Majesty were to be j)crmitted to express •' themselves without Measure or Discretion as to the Conduct of His Majesty's " Re})resentativc, and to join with others in endeavouring to destroy the •' Respect and Confidence on the Part of the Peoi)le which are so necessary " to the Well-being of any Government, it would be almost imj)ossible tliat " the Affairs of the Colony could be conducted for any Length of Tiniesnc " cessfully. The Alembefs of the Council then in Office ])erfbrmed what they '* felt to be a disagreeable and painful Duty in recommending to His Excel- " lency the Dismissal of Mr. Ridout. «' The Council are now unanimously of Opinion that the Power vested in His F^xcellency of removing any Officer holding a Situation during Pleasure, wiien his remaining in such Office is considered injurious to His Majesty's Govern- ment and to the Trancpiillity and Peace of the Country, was in this Instance exercised judiciously, and when it scarcely could be avoided without bringinf; the Government into Contempt. If Mr- Ridout disapproved of the Measures adopted by the Lieutenant Governor, he was not called upon to support them, or even to refrain from Opposition, or Claim of Redress ; ])rcscrving the Decorum and Decency of Language which must under any Circumstance be considered as due to the Representative of tiie King. When, however, a Gentleman holding an official Situation departs from the Rules which are •' dictated .IIT., ON THE SUBJECT OF CANADA. Ml 1^1 1 to espouse tilt' Spoeclies, &c., an C';i|>ital upon my I! (wIl'MVi I !ui(i , /' '> And now, my Lord, I beg to show who these Gentlemen of my Council arc who originally concurred and who still concur with me in the Propriety of the Dismissals of Dr. Raldwin and Mr. Ridout. The first on the List is the Honouralile R. 13. Sullivan, Dr. Baldwin's own Nephew, whose Sister was married to Mr. Ridout's own Brother. 'J. The Honourable Captain Raldwin of the Royal Navy, actually the Brother as well as the Friend of Dr. BaKlwin wlumi I dismissed ! Captain Baldwin also tijr many Years has been the intimate Friend of Mr. Ridout. 3. The Honourable William AlUn, for many Years President of the Bank of Upper Canada, a Man whose Character for Probity would be admired in any Country in the World. 4. The Honourable John Elmsley, an Officer in His Majesty's Navy, a Per- son of considerable Property, and perhaps the most Ultra-reibrmer in the Legis- lative Council. 5. The Honourable W. IL Drajjcr, who has lately joined the Executive Council, and who is Member or Representative for this City, where e\ery Fact concerning Mr. Ridout's Dismissal is of course known and at hand. I have now submitted to your Lordship the leading Reasons for which I deemed it necessary to dismiss Mr. Ridout from the Offices he held under His Majesty's Government ; and I have only to add, that had I not done so, the principal Members of the Bar would have declined to appear in the Court of Niagara on account of the reprehensible political Conduct of Mr. Juilge Riilout. M'itli respect to the Order which I have received from your Lordship to restore this Gentleman to the Oflices from which he has been removed, I have only to state, that if such should continue to be His Majesty's Desire, I will obey the Command. It is not my Intention petulantly to tender my Resigna- tion because mv Judgments have been over-ruled ; at the same Time I feel perfectly conlii(ent that the Moment Mr. Ridout's Authority is restored to him 1 shall be deprived of my own, as well as of all Power or Possibility of carrying on the Government of this Province. As I expect every Hour to hear of the Arrival of my Family at New York, they having sailed from England on the 10th of January, I can have no Desire they should so immediately recross the Atlantic ; but I am not ashamed to say that I have not Courage to face the Difficulties which from all Sides would assail me the Moment it became known that His Majesty's Government had openly declared itself opposed to one of the most prominent Measures of my Administration of this Government. I have, &c. (Signed) F. B. Head. So. ii. Sir 1 . H. Iloail tu Lord (ilcnt-lg, (itii Til). is:c. ,'i No. 45. (No. 22.) Copy of a DtsPATCH from Sir F. B. Head, k.c.h., to Lord Glenelg. My Lord, Upper Canada, Toronto, 4th March 1837. In compliance vith the Request contained in an A ddress presented to me by the House of Assembly of this Province, of which a Copy is annexed, I have the Honour to forward to your Lordship, to be laid at the Foot of the Throne, (41.) 3B 3 • a Copy ■. II III No. 4:,. Sir F. B. Ilea. I til Lord tileoeii:. 4th March 1837. v:i '.' 382 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 45. Sir F. B. Head to Lord (ilenelg, -Jth March 1837. Tor Kejiurt ami Ap- poiulix. vide Papers ii.'dtTfd to \k printed hy tliL' riousi- of Lords Jiim- ls:',7, No. ljr>, jcid lij- ilic House of Co;r.nions, 'M\ May 'S:1T. No. 271. a Copy of the Report of the Select Committee of tliat House, (and the Docit- merits appended thereto,) to whom was referred the Subject of the Petition ot Dr. Duncombe to the House of Commons during the last Session of the Imperial Parliament. I have also the Honour to forward to your Lordship Two Copies of the sai(! Report, to be laid before the Houses of Parliament, as requested m the above- mentioned Address. I trust that, if it be not irregular, your Lordship will be so good as at the same Time to lay before the House of Commons my Despatch to your Lord- ship, No. 7-> containing my Reply to the Charges alleged against me by Mr. Hume and Li. Duncombe. I have, &c. (Signed) F. B. Head. Enclosure. (Copy.) To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanoverian Guelphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, Wf , His Majesty's dutiful and loyal Subjects, the Commons of Upper Canada, in Provincial Parliament assembled, humbly request that your Excellency will be pleased to transmit a Copy of the Report of the Select Committee, to whom w?s referred your Excellency's Message and Documents accompanying the same, on the Subject of the Petition of Charles Duncombe, Esquire, to the House of Commons in England, and Documents appended thereto, to His Majesty's Principal Secretary of State for the Colonies, to be laid at the Foot of the Tinone ; and also Two Copies of the same to be presented. One to each oi the Houses of the Imperial Parliament. (Signed) Arch. M'Lean, Speaker. Commons House of Assembly, 3d Day of March 1837. No. 4C. Sir F. B. Head to Lord GleneJp, -nil March 1837. •« No. 46. (No. 23.) Copy of a Despatch from Sir F. B. Head, k.c.h., to Lord Glenelg. My Lord, Upper Canada, Toronto, 4th .tlarch 18:i7. I HAVE the Honour to transmit to your Lordship, in compliance with tlie Request of tho Houso of Assembly, to be laid at the Foot of the Throne, the accompanying Address to the King from that House, together with a printed Copy of the Report of a Select Committee of the Assembly, relative to a Letter ami Resolutions of the Assembly of Lower Canada, foi-warded by Mr. Speaker Pa})ineau to the Speaker of the last House of Assembly of this Province during its last Session. I have &C. The Right Hon. Lord Glenelg, (Signed) F. B. Head. &c> &c. &c. Knclosiire, (Copy.) To His Excellency Sir F. B. Head, Knight Commander of the Royal Hanoverian (hiclphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it pi 'e your Excellency, We, His Mujvjsty's dutiftil and loyal Subjects the Commons of Upper Canada, in Provincial .Parliam.rr)t assembled, beg leave to acquaint your Excellency that we have passed an Address to His Afajesty on the Subject of certain Reso- •1 lutions ON THE SUBJECT OF CANADA. 883 lutions received from the Speaker of the House of Assembly of Lower Canada by the late House of Assembly of this Province at its last Session, and humbly request that your Excellency will be pleased to transmit the same to His Ma- jesty's Principal Secretary of St:itc for the Colonies, together with a Copy of the Report of the Select Committee of this House to wliich was referred the Letter of L. J. Papineau, Esquire, Speaker of Uie House of Assembly of Lower Canada, to be laid at the Foot of the Throne. Commons House of Assembly, 3d Day of Marcli 1337. (Signed) Auch. M'Lean, Speaker. No. 46. Sir F. B. Head to Lord Glcnelg, 4th March 1837. n1 1 ! ijMi i 1 ' I ; . :i 1 i ;l * ! i i ,' i ° [ i < ' ;■ ifi I m ■i ■ > II I'Lean, Speaker. (Copy.) To the King's most Excellent Majesty. Most Gracious Sovereign, We, Your Majesty's dutiful and loyal Subjects the Commons of Upper Canada, in Provincial Parliament assembled, humbly beg leave to acquaint Your Majesty, that during the last Session of the Legislature certniii Resolutions which had been adopted by the House of Assembly of Lower Canada were transmitted to the Assembly of this Province, accompanied by a Letter from the Speaker of tliat House soliciting the Concurrence of this House therein. After a careful Examination of tiiose Resolutions, and an Investigation of the Principles they involve, we have deliberately adopted the Report which we beg leave to transmit herewith ; and we also feel it our boundcn Duty to dis- avow the Sentiments contained in those Resolutions, and to assure Your Ma- jesty that we earnestly deprecate any Departure from the Principles of our Constitution, or the Adoption of any Coiuse of Policy calculated to weaken the Ties which attach this Colony to the British Empire. (Signed) Ancii. M'Lean, Commons House of Assembly, Speaker. 3d Day of March 1837. Enclosure. li:: .ord Glenelg. To the Honourable House of Assembly. Your Committee, to whom was referred that Part of the Journals of last Session contiining the Letter of the Speaker of tiie House of Assembly of Lower Canada, with certain Resolutions of that House accompanying the same. Beg leave to submit the following Report : — The Subject to which the Attention of your Committee has been directed can be most conveniently treated under Two distinct Heads : First, the Resolutions of the Honourable the House of Assembly of Lower Canada. Second, the Letter of Mr. Speaker Papineau. Those Resolutions, it seems, were adopted by the House of Assembly of the Lower Province in February Ijst, and apparently with the Expectation and Hope that similar Views were taken, and a Co-operation for similar Puiposes might be obtained, in the Sister Colonies of North America, but more especially in this Province. Tile first of these Resolutions declares, " That this House, in its Exertions " to ])rocure a Redress of the various Grievances undor which the People " of this Province labour, and to introduce a good and responsible System " of Local Government, have, in addition to the other weighty and substantial " Reasons by which it has been guided, been greatly encouraged by the " Hope and Expectation that any Amelioration in the Politicil Institutions " of the Colony would be followed of right by similar Advantiiges to our " Brethren inhabiting the Sister Provinces of British North America." The Introduction of what is termed " a good and responsible System of Local Government," and the Extension of "similar Advantages" to other Colonics, are the main Points of this Resolution. With regard to the (41.) 3 B 4 former The Ri'soliilitinn ndoptcd nitli ttii> Ei. pcclution of similnr Views in thu Sihli't I'rovinci'n. Tliii EipccLition ox- presscd in tliu first lli'sulutiun. It is evident to llii^ Committvc wii.it Form of GoTcrnmini wun tu be si't nsidv in favour of the new vn* racoiiuil«Dd«d. 3B4 DESPATCHES FROM SIR F. B. HEAD, Bart., f' M *«. l^Iachincry of Govern- ment the Siline in both Frnvincis, altliou^h in winie resiiL-cUi the Laws .lil*r. l.iheily of the Calliolic Hehffiun piiiiranteetl lo Lower Cannda hy the Treaty of I'aris ill ITM. ' Po|)uliUion at lliat Time about TO.tXX). Inereasc of Territory rendered additional Governnieiits neces- sary. U. E. Loyalist.': invited to settle in the difliireiit Troiinces. Ciovornment of tho Province of Quebec till 1774. Number of Inhabitaiits about 90,000. St.itute H Geo. 3. pa.ssed. Object of that Statute. Pa?^sed willi a view to give to tlte l-'reneh Canadians the Kn- joyment of their Laws, the free Kxcrcisc of their Keli;.;ion, &c., and the lilsht to Seata in the Governor's t'ouiicil. Act cnin|dained of at tho Time as liein^ inimical to liritisU Feelings. notwcen hat Periixl and 17!il liriti^ii Kini- grants began to arrive and Loyalists who had lulleri'd diiri'i;^ *he Aniericau llevulutiun. Procliimrilions hnil Ix'eii issued, thai in Canada tiiey should fiijciy the Constitution to whicii they were attached. To redeem the Pledge Civen to eiieli Parly, the Province of Qne- bi'C was iliviiled into L'ppcr and Lower Canada. 1791. Constitutional Act passed, conferring tllu further I'rivilege of making theirown Lows, subject to Itevisiuii in cvrliuu Cawii. former, your Committee are at least able to form a conclusive Opinion of the Form of Government wliidi is to be set aside in favour of some other whicli the Assembly of Lower Canada style "good and responsible," since the Consti- tutional Cliarter of tlie Two Colonies is identical ; and althougli the Laws relating to Civil Rights and Property differ (and that Difference can be no Cause of Complaint for the Assembly of Lower Canada) the Machinery of tlie Local Government and the general Principles of its Administration are the same in both Provinces. By tlie Treaty of Paris in 17G.3, Canada, with its Dependencies, (then in the Possession of Great Britain by Conquest,) was ceded to His Majestj George the Third, who by that Treaty guaranteed to tiic Canadians the Liberty of the Catholic Religion, and also Permission to any of them who were desirous to do so to sell their Property and emigrate at any Time within Eighteen ]\ nths from the Ratification of that Treaty. The Population at that Time did not exceed 70,000. The great Acquisition of Tenitory in North America which Great Britain gained rendered the Creation of additional Colonial Governments necessary for these newly conquered Countries ; and at the same Time, with a View of encouraging Settlers in them, Lands were offered to Officers and ^len wlio liad served in the late War. In tlie Proclamation of 7th October 1703 Provision was made for the Civil Government, which was entrusted in each Colony to a Governor and Council, who had Power to erect Courts of Judicature, to determine in all Cases, Civil orCriminal, according toLaw and Lquity, as near as migiit be, in conformity to the Laws of Ei gland, giving an Appeal to the Privy Council. TI' 'government of the Province of Quebec was thus administered until the Ycai l;?^* vvhcn the Statute lltli Geo. IIL was passed. The Inhabitants at that Time amounted to about 90,000, the prin- cipal Part of whom were of French Extraction. The Objects of that Law appear to have been to provide a Council for all the Affairs of the Province, except Taxation, in which Council the French Canadians were eligible to a Seat ; to edablisli iJie French Lairs, and Trial according thereto, in Civil Cases, ar.d the English Laws, with Trial by Jury, in Criminal ; to secure to the Roman Catholic Clergy (with certain Exceptions) their Estates, as well as Tithes from tho.se of their own Persuasion. A most cursory Examination of the Details of this Act cannot fail to lead to the Conclusion tiiat it was passed with an earnest Desire to give to the French Canadians the free Enjoyment of those Laws to which they had been accustomed ; to secure to them the full Exercise of their Religion as it had existed ])rior to the Conquest ; and to extend to them the Riglit of being Members of the Council appointed to advise the Cilovernor in the Conduct of their local Affairs. It was an Act, in short, full of Benefits and Privileges for those newly acquired Subjects of the Crown, and it was complained against, at the Time of its passing, as depriving those Persons of British Origin who had or might thereafter become Inhabitants of Canada of +he (to them) highly valued Privilege of Trial by Jury in all Cases, Civil or Criminal. Between this Period and the ])assing of the Act of 1791 :\ Change gradually took place in the Population of tiie Province of Quebec ; British Capitalists became engagcil in its Commerce, British Emigrants began to settle on its uncultivated Lands, while Numbers of those whose unconquerable Loyalty had kept them faithful to the British Crown during all the Vicissitudes of the American Revolutionary War ^vol(! induced to emigrate to that Province as a Refuge, where they might enjoy tli.ii Goverimient and those Rights which they had sacrificed all to sustain. Each of these Classes of Persons were strongly attached, by Hai)it and Principle, to the Laws and Constitution of the Mother Country ; and indeed different Proclamations had from Tinu- to Time promised, more particularly to the U. E. Loyalists, that in Canada they should still enjoy the Benefit of that Constitution to which they were so warmly attached. Pletlgcd, however, as the Faith of the Government was, and bound by every Consiileratiou to fulfil the just Expectiition of such Settlers, the Interests of the ^'''ench Canadians were not o\ erlooked ; and with a view to do Justice to the .ormer Clas,ses, without infringing on any thing that had been granted or promised to the latter, the Pro\ince of Quebec was divided into Upper and Lower Canada. The Act of 1791, the Constitutional Charter of these Provinces, was passed, by which, in adtlition to the Advantages already secured to the Frencii Canadians, they had Power further conferred upon them to provide for tho Establishment of such Laws for tlieir own Peace, Welfare, and ON THE SUI5JECT OF CANADA. 385 and good Government as they should consider most advisable. In granting this Legislative Autliority there was a Power of llc'\ision, however, reserved to tiie Crown to prevent any particular Measure injurious to the public Welfare being inconsiderately adoptetl. The Degree of Independence necessary for tlic I'Veedoni and Prosperity of the People of botii Provinces was unreservedly !,Taiitcd, while the Connexion with Great Britain was secured, the King liimaelf king one of the Branches of the Le_t;islature of each Province, and thereby 2ni])le Security was aflbrdeil for the Prosperity and .Safety of the Provinces and of the whole Em])ire. That such a Constitution ought to liavc been considered a Boon by any People, and more especially !)y one wlio, ])rior to the Cession to Great Britain, appears not to have had the smallest Share in Self-Governmv_>nt, can scarcely bo questioned ; and your Connnittee could scarcely have supposed that the Desire expressed in the First Resolution, to introduce " a good and respon- sible System of Local Government," could have originated in any other Cause than that the Constitutional Charter had not been carried into effect. A llefer- ciice to the Second Resolution, however, dispels this Doubt, and shows what are "the Grievances" complained of, and what is understood by the Terms "a jiioil and responsible System of Local (loverniuent ;" and your Conmiittee liefer remarking upon the '* similar Advantages " which this Province might expect to gain from the Attainment of their Objects by the House of Assembly of Lower Canada, until they have cxaminctl what these Objects are. These are stated in the Second Resolution to be — " To render the Executive Council directly responsible to the Represen- tatives of the People, in conformity with the Princi])les and Practice of the British Constitution as they obtain in the United Kingdom. " To extend the Princi])le of Election to the Legislative Council, which Branch of the Provincial Legislature has hitherto j)roved, by reason of its hi'lcjieudence of the. Pcopli; and of its imperfect and vicious Constitution, iiisiitilcicnt to perform the Functions for which it was designed. " To place under the constitutional and salutary Control of this Mouse the whole of the Revenues levied in tiiis Province, from whate\'er Source arising. " To abolish Pluralities or the Cunudation in one Person of several or incompatible Offices. " To procure the Repeal of certain Statutes passed by the Imperial Parlia- ment, in which the People of the Pro\ince are not and caiuiot be represented ; uhieh Acts are an Infringement of the Rights and Privileges of the Legis- Litnre of this Ci^lony, and are Injurious to the Interests of the People thereof. " To obt'-in over the internal Affairs of this Province, and over the Manage- ment and Settlement of the wild Lands thereof, (for the Advantage and Benefit of all Classes of Ills Majesty's Subjects therein, without Distinction,) that wholesome and necessary Control which springs from the Principles of the Constitution itself, aiul of Right belongs to the Leglslattu-e, and more particu- larly to this House as the Representatives of the Peo])le. " Which Reforms are specially calculated to })romote the Ilaitplncss of His Majesty's Subjects in this Pro\ince, fo drnir nmrc r/osf fhoxc Tii'n ir/iirh (if/ach tlie Colony to the British Einpin; and can in no way prejudice or injure the Interests of any of the Sister Provinces." To examine into every one of these " Reforms" would extend this Report to a most inconvenient Length, and yoiu' Conmiittee have tiierefore judgeil it bettor to confine their Attention to the Two leading Topics of the Executive mil Legislative Councils, because in them is to be found ample Reason why, ill the ()plni()n of your Committee, the People of (his Province ought not, throiigii their Representatives, ami would not, in their individual Capacity, coi)|ierale in furthering the Views expressed in this Resolution. The Question regarding the Executive Coiineil it is perhaps unnecessary to ili>ciiss. Never was the public Oiilnion luore clearly, more emphatically ex- pressed than on that very Subject, at the late general l^lectlon. A large Ma- jority of your Honourable House was, as yoin- Committee h'rmly believe, returned as advocating Principles and Opinions diametrically opposed to those contained in this Second Resolution. Your Committee, however, cannot let pass the Opportunity of expressing their Opinion, that the (Jovernor, Lieu- tenant Go\ crnor, or Person administering ilie Government of this Province, IS entrusted with the Exercise of the Royal Prerogative within tiic same, and (H.) a C that ronsiitutioti r(irmo(l oil tlie IMoiIl'I i)f that ul'tlie Mother Country* This rnnstitiiticm slumld li;ivo Ihtii con- sidcrid a Itimn by the l-'fLiieii t'auadiiuis. A Reference to ihc Secutui Hesdhitiop shows the real Objec*. of the Asseinhly of Lower Caiiadu to be — To render the Execu- tive Council respon- sible to tlie People, Tliat the Lcf^islativc C'lnni-il shall be elective. Hevenups of the Pro- vince to be iincler the Control of the Le(;is- latun*. To abolish Pluralities. T(i procure the Ucpea! of certain Acts of thu Inipeiial Parliament. To obtain who]e])k> n (]i>uI)1l' Ucprt'H-ntation, and tlic baliiiicfd Sy*,trin of Go- vermneiit he (Ifstroycil. Such an ExperinK'nt would, in till' Opinion of the ConunittcH', lead to a Dissolution ot'otir Connexion with the British Empire. The late General Flec- tion decisive of puhtie Opinion with respect to the Executive Council. Opinion of the Com- mittee on that Subject. llis AFajosty's Roi)re- sentative alone respon- Mhle to His ISIajesty and the People j and cannot transfer that Ue«^onsihility without Violation of the Constitutional Charter. The Third RcsoUiti( DESPATCHES FROM SIR F. B. HEAD, Baut., Coniinltti'O tni'-'ls tint the Aim of tluf^c vlio Imvc lliiulo INiisrL'prt'- wntiUiiHisdrilii' Adliirs 111' this I*ri>vincL' will ho ilcli'Utecl. Fourth liL'sulution. th it lie (and not the Executive Council) is constitutionally responsible, as well to the Sovereign as to the People of this Province, for the impartial and up. right Performance of the Duties of his Office, a llenonsibility essential to the Preser\ation of the Rights and Liberties of His ]\Iajesty's Subjects in Upper Canada, and which it is the imperative Duty of their lleprescntativi';, to maintain and enforce, and not to suffer that Resjjonsibility, so far as depends on them, to be weakened or destroyed, by transferring the whole or any Portion of it to other Parties ; and that any Attempt to transfer to the Executive Coinieil this Res])on^ibiiity, and, as a necessary Consecpiencc, the Power and Patronage vested by Law in the Person administering the Government, is in derogation of the Constitutional Charter, and would be dangerous to the Liberties of tlie People, injmioiis to the Stability of our social and political Institutions, and utterly destructive of the Ties which attach this Colony to the British Empire. On the Subject of the Extension of the elective Pilnciple to the Legislative Council, your Committee have equally decided, and tiiey trust well-tbunded Views. The Union of the Three Estates, Monarchy, Aristocracy, and Democracv, in the Government, has been always considered the Characteristic and most valuable Feature of the IJritish Constitution; and with a view of securing a free and well-balanced System of (Government, with the kingly Power for its Head, the Intervention of a Third Estate indejiendent of the Peojile, though possessini,' the same common Interests with them, and of the Crown though deriving Rank from it, has been founti jiroductive of the happiest Results ; and so far from the Creation of Legislative Coi'ucils nominated by the Crown being a new Tiieorv or Experiment in Colonial tiovevninent, the Constitution of other Colonics, the Date of which is long antecedent to that of our own, abundantly proves alike their Existence and Utility ; and your Committee find it difficult to conceive how a Change which would make the Legislative Council elective, and so give the Peo])le a double Reiiresentation, each Branc'i being in every respect iiide- j)ende)it of the Crown, could have any other Efiect than to render the wliole System democratic, and, as your Connnittee believe, inevitably to lead to ;i Sepnration from the Parent State. Where the Chief INIagistrate is elective there can be no Reason why all the remaining Rranches of the Lcgislatun' should not be so likewise ; but such a State of Things would, in the Opinion of your Committee, be incompatible with Monarchical Institutions, and, as a necessary Consequence, nnist, if adoped, be destructive of our I'^xisteuce as an integral Portion of the British Em])' e. Eor Reasons already expressed, your Committee pass l)\- the other " Rcfonns" suggested, and take up the Third Resolution, which is in the following Wonls :— " Resolved, That it has long been the Aim of the Euenn'es of these Colonics, by deliberate and unfounded ^lisirepreseutations, to engender Dissensions ami bail Eeelings between the People thereof, in the Hope of j)reventing all Union of Purjjose among the lV()])le, and of thereby preventing the Reform of those Abuses and Evils of which the Peojjie have so fi-eijucntly coniplaijiecl, and which are connived at or uj)held for the Advantage of a ^linority hitherto unjustly possessing, and still endeavotu'iiig to maintain, a jiolitieal Ascendancy in this Province, contrary to the Principles of all good Government." Upon this your Connnittee will offer only One Remark. They do not })retend to judge how^ far the Statements therein contained may be true as ri\gards Lower Canada ; but with regard to this Pi'ovinee, they can with grcjit Sincerity assert, that although there have been '^ (Icliljcnifr n/iil vsvovsuvi^ Nisrcjtn'sc/i/dtioiis," as well before as since the Adoption of this Ri'solutioii hy the Assemldy of Lower Canada, in regard to the Afliiirs of this Province, yet they conliileiitly hope and believe that the Aim of those who have made tliciuto suit their own unhallowed Purj)oses will be defeated by the firm Determination of your Honorable House, on all Occasions, " to maintain our happy t'onstitii- " tion inviolate," and at the " same Time to correct cautiously, yet efl'ectually, •' all real Grievances." With respect to the Third Resolution, which is as follows — " Resolved, That this House has seen, with extreme Concern, a S])cecn deliveretl at the o^)ening of tJie })resent Session of the Legislature of Upper Canada by His Uxeellency Sir John Colborne, late Lieutenant Governor of that I Province, at a Moment when his sudden Ilccal reflected particularly on the Alcrits Baut,, ON THE SUBJECT OF CANADA. 387 II' n i 11 1 1 ! •! fi y responsible, iis well tiic impiutiul and up- bility essential to the y's Subjects in Upper I" Representative;, to lity, so far as depends ; wiiolc or any Poition Per to the Executive leiice, the Power and lIic Government, is in be iluniferous to the )iir social and political attach this Colony to iple to the Legislative iy trust well-lbuiuled :racy, and Democracy, laracteristic and most view of securing a free ly Power for its Head, ij)Ie, though possossinj^ though deriving Rank s ; und so far from the n being a new Theory of other Colonies, the undantly proves alike t difficult to conceive il elective, and so give in every respect inde- m to render the whole nevitubly to lead to a Magistrate is elective les of the Legislatiiiv )uld, in the Opinion of j nstitutions, and, as a )f our I'jxistence as an the other " Reform" is in the following niies of these Colonies, fender Dissensions and f preventing all Union y the Reform of those c()nii)lained, and which u)rity hitherto iinjustlv i\\ Ascendancv in this lent." ■mark. They do not ..ined may b'e true as c, they can with great icnifc and um'oundi'ii of this Resolution hy of this I'rovincc, yet ho have made tlienito le fu-m Determination 1 our happy C'onstitu- ioiisly, yet etle dually, 1 >\vs — le Concern, a Spcecli Legislature of Upper enant Ciovernor of tliat j jj particularly on the ^ Merits' Merits of his Administration, in which it is stated that the Affairs of this Pro- vince had exercised an injurious Influence on the Interests of Upper Canada, — had tended apparently to discourage iMnigration and the Transfer of Capital to that Country, — and had acted disadvantageously in resj)ect to the Terms on which the large Loan authorized by the Legislature of that Province was recently negotiated in England : That such a Statement is calculated to mis- represent the Views of this House, to i)rcjiidice the People of these Provinces against each other, to distu'b that good Understanding which ought to prevail, and which has hitherto prevailed between the said People, and, in place thereof, to sow Discord and Animosity among the several Classes of His Majesty's Subjects in these Provinces." Your Committee feel it right, in the first place, to remark, that whatever may be the 0])inion of the House of Assembly of Lower Canada on the Merits of the Administration of His Excellency Sir John Colborne, the miiversal public Testimonies of Respect that were shown to him on his Departure from the Province have abundantly proved in what Light his Character and Conduct were viewed among us. And your Committee would further remark, that in their Opinion it would be idle to deny that the Dissensions in the Lower Province have produced an injurious Influence on Emigration, as well as on the h'naacial Arrangements of Ujjper Canada, and will, if they continue, be daily more ])rejudicial to our general Welflire. The next Resolution declares, " That, strong in the Rectitude of their In- tentions and Prhiciples, and moved alone by a Desire to introduce Order and Rcs[)onsibility into their Political Institutions in the Place of the Disorder and Abuse which now unha))])ily prevail, this House, and the People whom it repre- sents, indignantly rejjudiate all Designs to injure the Interests or embarrass the Exertions of the People of Uj)per Canada, in whose Welfare the People of this Province feel a lively Interest, and for whose patriotic Exertions to improve their political and social Condition this House entertains a sincere Respect ; and this House is gratified to perceive that the Representatives of the Sister Pro- vince have done this House the Justice to acquit it of being the Cause of any Dis- sensions or Embarrassments existing in the Colony ; and this House flrnily repeat, that those Dissensions and Embarrissments j)roceeded from the defective Constitution of the Legislative Council of these Colonies, and from the con- tinued unconstitutional Exercise by the same Persons of executive, legislative, and judicial Eunctions, from which Causes have resulted the Abuses of which the Peo|)le of this Province have so long and so justly complained. Your Connnittee are not aware that the Ilouse of Assembly of Lower Canada have ever been chargeil with a Design " to injtne the Interests or embarrass the Exertions" of the People of tiiis Province. The Dissensions iintiirtunately prevailing there have caused, in the Minds of nu)st reflecting Men amotig us, both Regret and Anxiety ; ami the Expression of that Peeling is natural and just, when we have Reason to believe that our Interests have sustained a Prejudice in many respects from the ])eculiar Position of ])ublij Artairs in the Sister Province. Under ordinary Circumstances your Connnittee would have avoided the Expression of any Opinion on the xVflairs of Lower Canada, and they now disclaim all Wish to ])ronoimce upon their Concerns, lintlier than to the Extent of a Discussitm of Matters afl'ecting the Interests of this Province, and natiu'ally springing from a Consideration of the Resolutions transmitted to this House. The brief Review taken by your Committee of the History of the Province of (>!uebec, and its Sei)aratu)n into Ujjper and Lower Canada, and of the Amelioration oi'its jjoliiical Condition by successive Acts ot' Grace and Favour, has led them to the Conclusion, that every Disposition has been hidicated hy the Home Ciovernment to provide t()r the Peace and Welfare of all Classes of His Majesty's Subjects inliahiling the (^anadas, and to afl'ord them the Protection of liberal Institutions ami of Laws subject to their own Revision. That in the ])ractical Operation of these Institutions some Diffi- culties might arise was naturally to be exjjectetl, nor should it be Matter of ■Surprise that there may have gradually crept in some Abuses which re(piire Ameuilinent and Ref()rm. To all just Comidaiuts, your Committee feel assured il ready Attention would be giveti ; and the careful Investigation by the House "f C'onnnuns of the Affairs of the Canadas in IH'2H, together with the ample Iiifbnnation atlbrdeil by Ciovernment at that Time, proves to the Satisfaction (11.) 3 C ;J of Opinion of the Assem- bly of Lower Canada of Sir J. CoII)(»rnL''s Administration incor- rect. 'llie Dissensions in the J.owtT rrovince very injurious to the Inte- rcuts uf Upper Canada, The" Fifth Resohition states, that the Assem- bly of Lower Canada repudiates any Design to embarrass tlie l'|>- l)er IM'ovince in Iier Kndeavours to improve her political Condition. Hor Enibarra.ssments proceed from the de- fective CoiLstitution of the Lejjislative Coun- cil, and from the Exer- cise by the ?>ame Per- sons of executive, legislative, and judi- cial Functioust The Conmiiltcc ar not aware that any sucli Design liiLs been imputed to the Assem- bly of Lower Canada, nor do they desire to vti.seu.ss the Concerns of the Sister Province further than as they tend to allect the Inte- rests t)f Upper Canada. Such a Discussion naturally springs from a Consideration of the Uesohitions trans- mitted. Committee arrive at the Conchision, that every Disposition has been shown by the Home Ciovermnent to pro\ide for the IVacc and Welfare of the Cauuda^i. The Inveslignlion by the House of Cinn- nions in \H'2S, and the Information atfurded by Government at that Time, proven the Cor- rectness of this Opi- nion. *fl. 38S DESrATCHES FROM ^m F. B. HEAD, Baut., of your Committee, tluit eveiy Readiness lias heen sliown by His Majeny ami the lm))erial Parliament to remove every sncli Abuse, and to giv, to ConviiKcii(>i'ihf Truiii tile Peo|)le here every lledress that C'ircnmstances might require. Wit'i this r^ri;rnr'ro!;L'!f7hJ l^elief on the one liaiul, and strong in their Convietion of the Excellence Uvviiiiiom tr.m«- ()f our Constitution as it is on the other, your Committee perceive, with in'wi'uh'it'y^vr!.'"' 'ively Rcgrct and Alaiin, the 'J'one of these Resolutions, and the Spirit in c<>iKvivc(iam'iaii.ii.toii; wliicli tlicsc or siuiilar McasuiTs luive been latterly insisted on by the House iiorc.n iiuyivitiiiiii.i of Asscmblv wlilcii adopted them; nor can they withhold an Expression of Tri'.nuT'i!™^^^^^^ deej) ,Symi):ithy for tiieir Fellow .S!i!))ects of Rritisli Origin in the Lower Pro- i;ieir Kiiow sui.joiii viiico, wlio seem in some respects to be treated, and who have been almost i!o«"r'A'n*lh^'" r'ro- deiiouiiccd, as Foreigners and Intruder:? in a Colony which was won by the viiiciwoniiy iJiiiisii Enterj)rise and heroic Courage of Ihitish Warriors. Geographically sitiiateJ as Upper Canada is, and governed under the same Constitution with the Sister I'rovince, whatever Chan;u,e occius in their Form of Government, or whatever Remedies the Imi^erial Pa.iiament may ailojit for the Cure of the Evils now jirevailing there, must in some Degree, and perhajis to an Exu/U wiiciiiiMcn.!)ur<)rti.i; not HOW Contemplated, affect us iikev.ise. AVheu a ^iember of the Rp''sii House of Commons, the salaried Agent of the Assembly of Lower C;.ri;u!,i, declared in his Place, (as Mr. Roebuck is rejjorted to have declared,) that in the Neighbourhood of Lower (JaiKula " there were l.'3,000,UU0 of Repiibli- •' cans, who, tis .soon fis the ]''///•>• of Uchcllioii s/miild he loifurled, woukl " rally round it, and tram])Ie in the Dust the whole Establishment," your Committee think it right for your Honourable House ])romptly to declare, that in their Opinion the few Traitors in either Province who would desire to hoist the Standard of Revolt are so sensible of their Weakness that there is no Fear of such an F^ffort being made ; and that, should they be rash enough to attempt it in the Expectation of Foreign Support, they would look in vain for Aid from the United States, whose Go\ ernment has been actuated by F'eelings of the most friendly and pacific Character towards the British F^m))ire, and whose high Sense of national Honour would always prevent tlieir r.iH^inV't'iR.'r'Aui Aid to a traitcrous Conspiracy. M'hatever Course may be taken with regard to any traitorous Con- to tlic Affiilrs of tlio Lowcr Proviuce, youv Committee cannot let slip the Oi)portunitv of exjircssing their anxious Hope, that no Consideration will induce a Departure from the Principles contained in the Charter of 17'Jl, and that, in an}- remedial IMeasurcs which may be ado])ted, the Preservation of our Rights as British Subjects, and of our intimate Connexion with the Mother not iicen.iuiincKii Coiiotry (in a Colony, will never be lost sight of or endangered by weak and bv temporisiiii' Con- i. ■ • i ' • a ,1 c4 .,i„„' ^ tenij)onsing Concession. ^ our Committee, after this Examination of these Resolutions, have arrived at the Conclusion, that to pursue the Course which has been followed in the Lower Province, and to espouse the Principles avowed and insisted on by the House of Assembly there, would be contrary to the A\'islies as well as the Interests of Uj)per Canada, would shake our System of Government to its Centre, and would rapidl)' and inevitably tend to establish a Reiniblican Form of Government among ns. Lnpressed with this Conviction, your Committee feel it their Duty to submit to your Honourable House the Propriety of pre- senting an humble Address to His Majesty, solemnly disavowing the Sentiments contained in these Resolutions, and earnestly deprecating any Departure liom the Principles of our Constitution, or the Adoption of any Course of Policy calculated to v.eaken the J''es which attach this Colony to the British Empire. After this Review of the Resolutions, to which your Comniittte have felt it Mr. I'aimn^a"^ L'^^ttcr. ^]^^,■^J. jjnty ^y Jevotc tlicir bcst Attention, there remains little for them to do but to advert to the Letter of i\lr. Sjieaker Papineau. Tiio inwards Lower Canada, the Rights of this l'ro\iniv Impressed with the Conviction that the Adoption of the Prin- ciples contained in the Kesolntions wotdd in- cvitahly lead to a I'e- puliliean (iovernmeni, reeommenil an Ad- Hre*-s to llis Majesty solenndy disavowing any rartieipalion in the Sentiments con- tained therein. Commilleo advert to Under tills Authority alone i\Ir. Papineau wrote his Letter. Mr. Papincnn not au- thorized to instdt the Oovcrnment or Asseiu* bly of lliis Froviiicf, ON THE SUBJECT OF CANADA. 389 " petition for the Revival ami Continuation of tliosc Taxes." Your Committee find notliing in the Resolutions giving Authority to ]\Ir. Pajjineau to use Lan- guage insulting to the Government of this Colony, or to a Ibnncrllouseof Assem- biy ; nor do they believe tliat the House of Assembly of Lower Canada ever designed such an unwarrantable and indecent Course siiould be followed. I'or this Viohition of Decorum, and of the Courtesy due from one Legislature to another, Mr. Papineau stands solely res])onsible ; but your Conmiittee think it beneath the Dignity of your Honourable House to lal^e further Notice of so base and unfounded a Cahnnny. i lie Tenor of the whole Letter is, in the Opinion of your Connnittee, of a purely rebellious Cliaracter ; and tlie Senti- ments of the Writer will find notiiing but Execration from the Inhabitants of this Province. It carries its Antidote in itself) and is so utterly revolting to a loyal and well-disposed Alind, that while deserving of every "Piuiislnnent, it require i no Confutation, and would have been ])assed over l)y your Committee in silent Contempt, without even this brief Notice, if it were not to be found on the Journals of your Honourable House. The late Period of the past Session when it was laid on the Table of the House, — Two Montlis after the Resolutions were ado])ted, and rather more than One Month after the Date of the Letter, — prevented the late House of Assembly fi-om taking the Subject into Consideration. This Delay is nnaccounted fi^)r, and is to be rcgretteil ; for your Committee are satisfied that, had there been Tiuie for Consitleration, the Ifournals of the Assembly would not have been disgraced by the Letter of Mr. Speaker Papineau. All vvhich is vespectfully submitted. Henuy Shkuwood. Committee Room, House of xYsscmbly, 2'2d February 1837. Mr. I'npincau niono rtspimsiMi. for tllij A'iiilalicMu>f Coiirtt'sy iinil Dt'coiuin. Tlic wliolo Tenor of tliis Litter issucli tlut it u-niilil Iiave Iiccn ]»:issc'il over in silent C'D.itompt, had it not been tnund im tlie Journals of tile House. Tlic late Period of tlie Session at wliieli it waa repork'il alone jire- vented tliat Considera- tion of the Letterwiiieh woulil liave prevented the Joprnals fioni be- in,!? disgraeed liy its -Appearanee on tlieni. m ! ill '" ' f ri ; '' I' 1-1 I : !;■!■!; fl No. 47. (No. 41.) Extract of a Despatch from Sir F. B. Head, k.c.h., to Lord Glexei.g. Govcrniiicnt Iloiise, Upper Ciinndn, Toronto, 5tli April 1837. I iiave the Honour to transmit to yoin* Lordship a Copy of a Gazette Extra- ordinary, by which it will ap])ear that 1 have made the following Appointments until the King's Pleasure be made known : — Robert S. Jameson, Esq., Vice Chancellor ; Arcliibald M'Lean and Jonas Jones, Esqs., Judges in the Coiut of King's Bench ; Christopher Alexander Hagerman, Esq., Attorney General ; and William Henry Draper, Esq , Solicitor General. The Appointment of a Vice Chancellor being an Act unprecedented in this Province, I felt strongly disjiosed to have avoided the Responsibility of making the Selection ; however, for the following Reasons, I considered it advisable not to do so. The Act which has just establislied a Court of Chancery in this Province did not emanate from the executive Branch of the Legislature, fori neithfr recom- mended it in my opening Speech, nor directly or indirectly assisted it in its Progress. It was proposed, argued, and carried in the House of Assembly on its own intrinsic Merit, as being a Measure tending to facilitate as well as purify the Administration of Justice ; and having also passed through the Legis- lative Council, I found when it came before me for Consideration that it was an old Measure which had not only been long required in the Province, but had actually been recommended by His Majesty's Government, especially in a Despatch from Lord Bathurst to Sir P. Maitland, dated Dth April IS'27, and in one from Mr. Spring Rice to Sir John Colbornc, dated 10th November 1834. As under tliese Circumstances I felt it proper to assent to the Bill, it was evident to me that the sooner it was carried into effect the better ; first, because, as a general Rule, the Delay attendant on sending 4,000 Miles for Advice (41.) 3 C 3 becomes No. 47. Sir F. I!. Head to Lord Glenelfr, 5tli April 1^37. !■ . 4 MM 1 . f [I No. 47. SirF. H. Head to Lor from No. 47. Sir F. B. Head to Lord Glcnelg, .5th April 18^7. 'i. 1 m 869 DESI>ATCIIi:S I UOM SIR F. B. HKAD, Bart., No. 47. Sir I', n. I It- ad to Lord Gleiiclg, .5tli April 18:57. I'lom tlio Parent Stato, ti) cicato Disanbction for the paternal Government of the King, and, by li)iining an Allianee witli Mr. Papineau's Party in Lower Canada, to excliangc tiic Eritisli Consti»''tiun for tlie low grovelling Prineiplcs of Denioeraey. I therefore considered tliat pnbliely 'levatc Mr. Indwell to the Bench would deprive nie of tlio llespeet am. ontidence of this Country; and I believe your Lordsliip will agree with nic in Opinion, that where a Man acts vith disloyal Associates his Talents aggravate rather than extenuate Iiis Otlenee. Having aflbrdcd your Lordship all the Information in my Power rcspcctinn' the Law Appointments I have made, it only remains for me respectfully to express my Hope that His Majesty will be graciously pleased to confirm tlieni. I have, &c. (-Signed) ¥. B. Head. Enclosure No. 1. First Enclosure In No. 47. Upper Canada Gazette Extuaoudinauy, Toronto, Saturday, 1st Aj)ril lS37t By Authority. Government House, Jsl April 1837. His Excellency the Lieutenant (iovcrnor has been pleased to make the following Appointments, until the King's Pleasure shall be made known thereon : Robert S. Jameson, Esquire, Vice Chancellor; Archibald M'Leanand Jonas Jones, Esquires, Judges in the Court of King's Bench ; Christopher Alexander Hagerman, Esquire, Attorney General ; and "William Henry Draper, Esquire, Solicitor General. Enclosure Xo. 2, ««;■ (Copy.) Second Enclosure in Xo. l^. To His Excellency Sir Francis Bond Head, K.C. H., &c. &c. Sec. May it please your Excellency, The Bill creating a Court of Chancery having received from your Excellency the Royal Assent, I beg respectfully to tender my Services as Vice Chancellor. 1 am the less reluctant to ])rcsent myself at so early a Period, inasmuch as if your Excellency should so far honom me as to determine upon recommending mc to His Majesty's Acceptance I might the sooner have the Privilege of assisting your Excellency in those minor Arrangements which must attend the Establishment of a Tribunal hitherto unknown in this Province. I shoidd not have ventiu'cd to ofl'er myself for so important a Trust were it not for the Fact that my professional Education in I'lngland was for the Chancery Bar, and my Practice there exclusively in the Court of Chancery ; in which, for Seven Years, during the Time of Lords Eldon and Lyndhurst, I was a Professional Reporter; and that during the Time when I held His Majesty!s Commission as Chief Justice of one of the West India Colonies, by fiir the most important Part of my Experience lay in that peculiar Jurisdiction. I feel therefore that in succeeding in this Application I should only be returning to the strict Line of my Profession. I have, &c. Toronto, 8th March 1837. (Signed) Robert S. Jameson. \i Court of King's S. Jameson. ON THE SUBJECT OF CANADA. 393 police any iiiiiig which reiiiieu soieiy lo niyseir, out on iveneciion i nave smce thought that I siiould not ho doing Justice to myself or my Family if I did !iot take an Opportunity of suhmitting for your Excellency's Considerations the Claims which I conceive I have to some Share of the Patronage and Suijport of (Copy.) To His Excellency Sir F. B. Head, k.c.ii., Lieutenant-Governor, &c. &c. &c. Sir, Kingston, lltli March 18.37. When I last had the Honour of an Interview with your Excellency j)revious to leaving Toronto, I felt a Degree of Unwillingness to obtrude upon your Notice any thing which related solely to myself, but on lleflection 1 have since ' - -■ - ^^^^ the )port of the (Government. With this View of what I regaril as a Duty to myself, and those whom I am bound by every Obligation to j)rotect and support, I beg leave to lay before your Excellency the following Statement. Very soon after having attained the Age of Manhood I found myself called upon to give up the peaceful Pursuits of my Profession (for the Practice of which I had then been several Years endeavouring to qualify myself^, and to volunteer my Services in Defence of the Province. I did not hesitate to obey the Summons which went forth to all, and in the course of the War had Opportunities of being more than once engaged with the Enemy. At the Restoration of Peace in 181,5 I established myself at Cornwall, where I hi've since followed my professional Avocations as a Lawyer. In 18'20 I vas returned as a ^I ember of the Assembly, and from that Period to the ])resent I have had a Seat in that House. Your Excellency is aware that I now fill for the Second Time the honourable Situation of Speaker ; and it may, I believe, with Truth be stated, that the Two Houses over whose Deliberations I have been chosen to preside have had amongst their Members as many (if not more) Persons of Talent and good loyal Feeling as were to be found in any other Houses elected since the Pi'ovince has had a Legislature. I think I may fairly presume, therefore, that my recent Election to the Speaker's Chair may be taken as an Expression of public Opinion as to my Character and Conduct as a public Man ; and I believe I have been fortunate enough to escape the Tongue of Slander in my private Relations in Life. I have now been absent from my Family and from my professional Pursuits Seventeen successive Winters, and generally Three Months or more of each Winter. I need not observe that these frequent Interruptions, and for such long Periods, of Professional Avocations, which required at all Times unremitting Attention, have necessarily proved disadvantageous, and have opened the Way for the Advancement of other Professional Men who could and would devote their whole Time to the Business of their Clients. Notwithstiuiding the Professional Less thus unavoidably sustained, I have felt it my Duty to persevere in my legislative Career, more especially since the great Exertions which have been made by designing and disafl'ectcd Men in this and the adjoining Province to destroy that strong Feeling of Confidence in and Affection for the Motiier Country which it has always been my anxious Desire to encourage and inculcate. I have not felt myself at liberty to consult my own Interest by withdrawing from tlie political Field, and leaving it to be occupied by Persons whose Desire seemed to me to be by every possible Means to embarrass the Government, and eventually to overturn it. In the Period of Seventeen Years various public Situations have become vacant, and have been filled up by Persons who no doubt are better qualified to perform their Duties, or have had stronger Claims than I have. I asked but once for a Situation, but was not fortunate enough to succeed. Finding now that the several Acts of the last Session have placed in your Excellency's Gift various Situations of Honour and Emolument in the Profession to which I belong, I feel called u])on to inquire wliether I may hope for favourable Con- sideration in the Disposal of them. My Standing at the Bar, and the whole Tenor of my Conduct, I think, entitle nie to expect that I shall not be overlooked ; but in case I may estimate too highly my own Claims and Qualifications, I have no Doubt that your Excel- lency will bo able, from your own Observation, and the Information of Persons whom on such an Occasion it may be thought proper to consult, to discover liow far it may be safe or expedient to extend to me a Portion of the extensive Patronage which the recent Enactments have aflorded to the Executive Go- vernment. (11.) 3D In No. 47. Sir F. B. Head to Lord (ilcneig, .•Jth April 1837. t i ■ -1 t 1 i ., i 1 ■ [ ''! IR No. 47. Sir F. B. He 1(1 tu Lord (ilenelif, 5lh April H37. 394 DESl'ATCIIES rUOM Sill 1". l\. IIKAD, Daiit,, III tlie Disposition of yoiir Excellency to serve nie as tin- as yonr Sense of Duty will allow I iiave every Confidence, anil having thus inatie a Tender of my Services to fill any Situation now vacant for which I may l)e thoujjht qiiali- tied, I have only further to express a IIi)|)e that yoiu' Kxctllency njav teel vour- self at liherty to make favourable Mention of my Name to His Majesty's Ciovenuneiit. I am, &c. (Signed) AiiciiD. M'Lean. Nu. iS. Sir r. 15. Head to Lord (jjonelp. 30tli May 1S37. No. 48. (No. fi(j.) Coi'Y of a Desi'.vtcii from Sir F. B. IIe.vd, Bart, k.ch., to Lord Glkxklc. My Lord, Government Housr, Toronto, SOtli May 1837. I ii.wi: the Honour to inform your Lordship that, with the Advice of the Executive Council, I have this Day determined to convene the Provincial Parliament of Upper Canada on the 19th of .June. I much regret this Measure, as the Council ai^rees with me in Opinion, not only that there exists no real Necessity for convening the Legislature, but that the Proclamation will tend to ruffle the commercial TraiKpiillity which at present exists throughout the Province. Tlie Ap])rehension that there would be a Run on the Chartered Banks in Upper Canada, in consequence of their contimiing Specie Payments, has proved to liave been groinulless ; nevertheless your Lordship will easily believe that it is imi)ossible for me to act contrary to the J*olicy of the surrounding States without o})posing a Number of private Interests which have lately joined in a Hue and Cry fi)r the Assembly of the Legislature ; and as I foresee that what- ever Embarras.sment the Trade of this Province may have to suffer in con- sequence of the present unexampled State of the Money Market would be industriously iieclared to be the EH'ect of the Non-convention of the Legislature, I have deemed it advisable of Two Evils to choose the least, and to meet a real Difliculty rather than one which would be intangible. 1 have no Aj)prehensions respecting the Kesult, and expect that the Session will last only a lew Days. I have, &c. The Right Hon. Lord Glenelg, (Signed) F. B. He.;d. &c. &c. &c. No. -1!). Sir F. 11. Ikad to L' rd (ileni'lff, 2Ctli Juno 1S37. *« (No. 70.) Coi'Y of a Despatch from Sir F. My Lord, No. 49. B. Head, Bart., k.c.ii., to Lord Glexelg. Toronto, Upper Canada, 2Gtli .Iiinc 1837. I HAVE the Honour to acknowledge the Receipt of your Lordship's Despatch No. M!)., dated 17th April LS37, informing me that your l.oniship had receivcil His Majesty's Commands to take the necessary Measures for expediting my Patent as a'Baronet of the United Kingdom ; and that The King had been gra- ciously pleased to confer u})on me this Mark of His Royal Favour as a Testimony of the Sense His Majesty entertains of the Services He has been pleased to consider I ha\ e rendered' in the Administration of the Government of Upper Canada. In acknowledging the above Communication, I beg leave to express to your Lordship my (Jratitude to His Majesty for the distinguished Honour He has graciously been ])leased to confer upon me ; and I trust 1 need hardly add tliat I also feel dee])ly indebted to your Lordship for having brought my humble Services before His Majesty's Consideration. I liave, &c. The Right Hot . Lord Glenelg, (Signed) F. B. Head. &c. &c. &c. ON THE SUIJJECT OF CANADA. 395 VutiiD. M'Lean. o Lord Gli:ni;i,c. )ect that the .Session to Lord Glf.nelg. I No. 50. (No. 82.) Coi'Y of a Despatch from Sir F. B. IIkad, Bart., k.c.ii,, to Lord (iLEnei.g. My Lord, Ciovcmnient House, Toronto, liitli July 1837. I II AVK the Honour to transmit to your Lordship a Copy of my Speech on proioj^uiiifi the Legislature of tliis I'rovinee. In my l)es|)atch. No. (i(i , dated .'JOih of May, I explained to your Lordship tiie Reasons wiiich had i.idueed nie most rehictaiitly to convene tlie IVoviiieial I'arhameiit, and as soon as it assembled I experienced all the DilHculties I had anticipated. I will eiuKavour to ex])lain llieni to your Lordship. The rapid Improvements which fi)r some Years ha\ e been taking j)lace in the United States, have been a Mystery which fi:w l'eoj)le have been able to com- iieiieiul ; every Undertaking hail ; j)|)arently been crowned witli Success, every ^Ian^s Speculation had seemed to answer, tiie Price of Labour, although ex- orbitant, hail every whei" cheertiilly been paid, and Money had appeared in siicii Plenty that it had profusely been given in Barter for almost every Com- iiKulity that came to Market; in sliort, the Country was triumphantly declared to be " f^oin^ uhedd" and as the young Province of Upper Canada was observed to be unable to keep up, the DiHerence in its Progress, was coiitemptuou.sly ascribed to the Ditference in the Form of its Ciovennnti't. Monarchical Institutions were thereli)re ridiculed, Kepublican Principles were sulf-praised, and Democratic ()i)inii)ns were not only disseminated over this Continent, but, crossing the Atlantic, they made their Appearance hi our own liap|)y Country, where it has lately been deemed by many People line and tasliionable to point to the United States of America as a Proof that the rivet- ing of Religion to the State and that Nobility of Mind are to Connnerce what Friction is in Mechanics. In the midst of all this Theory the whole Commercial System of the United Stiites suddenly was obser\ed to tumble to pieces, its boasted Prosj)erity being converted into a State ot Disorder altogether new in the moral History of the AVorld, {'or the Republic declared itself to be Bankrupt, without even pretend- ing to be Insolvent ; in short, its Banks simultanei ii>ly dishonoured their own Notes, keeping Specie which belonged to their Creditors in their Vaults. This Example of the Banks offered a Pretext to any Man to absolve himself from his Debts by fictitious Bankru])tc}-. 'I'he |)ub]ic Creditors afar off as well as those on the Spot had no Power to save tlieniselves, and under these Circum- stances a general Distrust prexailed. The sudden Annihilation of National Credit in the United States produced af course serious Inconvenience and Alarm in Upper Canada. The mysterious Prosj)erity of tiie Repul)Iic was now proved to have been {irodiiced by an imprudent and reckless System of discounting, which had supplied the Country with more Money than it was jjossible for it to repay, — in fact, to lend Money havhig been supjjosed to be quite as profitable a Specula- tion as to borrow it, one Debt had been contracted to pay another, the Peoj)le had borrowed of the Banks, the Banks had borrowed of each other, and thus the Credit System had been strained till it snapped. The Chartered Banks of Upper Canada clearly read the floral which Avas brought so innnediately before their Eyes, and, taking Warning from their Neigh- bours, they naturally enough suspended their own Discounts. This Precaution immediately created a great deal of Distress to all the Farmers and Merchants who had been in the habit of receiving from the Banks what is termed " Accommodation ;" the more the Applicants proved their Inability to continue their Business unless they were assisted, the clearer the Banks perceived the Danger of relieving them. The Borrowers being thus unable to obtain Money, the last Year's Crop of Potatoes having tiiiled, the Public Works being arrested, and the Province being invaded by a Number of Immigrants \>'io were roaming about without the Cleans of obtaining Food or I'^mijloyment, it was natural enough that every- body should endeavour to search out the Cause of the Disorder which was observed to prevail. The Banks, perfectly sensible of the real Reason, were silent ; but an Opinion was propagated, which rapidly became popular, namely, that the Dis- tress which existed arose from the Banks continuing their specie Payments. C4l; 3 D 2 As No. no. Sir F. H Head to Lord Glcnclg, 12tli July 1837. i I'TlJl 39C DESPATCHES FROM SIR F. B. HEAD, Bart., 12th July . First Enclosure in No. 50. Uppeii Canada Gazette Extraordinary. Toronto, Tuesday, July 11, 1837. By Autliority. This Day, at Four o'Clock, His Excellency the Lieutenant Governor pro- ceeded in State from the Govcrinnent House to the Chamber of the Honour- able the Legislative Council, where being arrived, and seated on the Throne, the Gentleman Usher of the Black Rod was sent with a Message from His Excellency to the House of Assembly, conunanding their Attendance. The Members present being come up accordingly. His Excellency was pleased to prorogue the Session of the Legislature with the following Speech : " Honourable Gentlemen of the Legislative Council, and Gentlemen of " the House of Assembly, " I thank you for the Zeal and Assiduity with which you have deliberated " on the important Subject for which you were especially convened ; and I am " gratified at the Prospect of the Legislative Relief you have afforded to the " Agricultural and Mercantile Interests of the Province. " The Banking Institutions of U])per Canada are now relieved from all Fear " of Forfeiture or Penalty in case, by extending Accommodation to the Public, " they should find it necessary to discontinue for a Time the Redemption of " their Notes in Specie. " I am making Arrangements for the Issue of the Money aj)])ropriated " during the last Session for the Improvenient of the Roads; and I have " Pleasure in informing you that I shall be enabled to cause the Payment of a " considerable Portion of it without Delay. " The Alteration allowed to be made in the Terms of the Debentures " authorized to be issued for tlie Construction of Macadamized Roads, will, " it is exjjected, facilitate the Negotiations of the Loan ; and the Guthi}- of " these Monies, during the present Moment of Embarrassment, will, I trust, " aftbrd timely Relief. *' In the Exercise of the Powers which you liave conferred u^ion me no " Exertion shall be wanting on my Part to give the Measures you ha\e agreed " on their most beneficial Effects ; and I trust that the Banks and the People, " by mutually supporting each other, wil' assist the Government in meeting " the unexampled Difliculties of the present Crisis with Steadiness and Reso- " hition." Enclosure No.l. Second Enclosure in No. 50. An Act to authorize certain Banks in this Province, for a limited Time, to Enclosure No. 2. suspend Specie Payments, under certain Restrictions. — ^- "Whereas the Banks of the neighbouring Countries have recently suspended the Redemption of their Notes in Specie : And wliereas it is necessary to j)ro- tect the Banking Institutions of this J'rovince from a Forfeiture of tiieir Ciiartcrs should a Suspension of Specie Payments on their Part become un- avoidable ; Be it, &c. Tliat any lncor})orated Bank wliicii, from sudden or unexpected Demand of Specie, shall cease to redeem its Notes or otiier Liabili- ties in the lawful Current Coin of the Province, shall not, in consecpience tliereof, bo deemed to have forfeited its C-harter, or be rendered liable to any Penalty or Forfeiture, or be subject to any Restraint in conducting its usual ('11.) 3 D '3 Business, ' '1 1 ■ ; ■ ^ 1 ^1 L 1 ill 398 DESPATCHES FIIOJM SIR F. B. HEAD, Bart., No. sa Sir F. B. Head to Lord Glenelg, 12th July 1837. •«. Business, any thing in any Act of Incorporation of sucli Bank to the contrary notwitiistanding. 2. And be it, &c. That from and after the passing of this Act any Person or Persons, Bodies PoUtic or Corjiorate, in tliis Province, against whom any Action shall be brought by reason that such Person or Persons, Bodies Politic Enclosure No. 2. qj. Corporate, have fiiiled to redeem their Notes or other Liabilities in Current "~~~ Coin, the Party bringing such Action shall not recover any Costs against the Party sued, if tlie Judge before whom the Trial of such Action shall take ])lace shall certify that the I'erson or Persons, Bodies Corporate or Politic, so sued had ofiered Payuieiit of tiie Notes or Liability, for the Recovery of which the Suit was instituted, in Debentures issued under the Authority of any Law of this Province pas.sed during the last Session of the Legislatiu'c for any Sum over Si.\ Pounds Five Shilling.s, or in Notes of any of the Banks within this Province, whicii sliail avail themselves cf the Provisions of this .Vet, for any Sum less than Si.K Pounds Five Shillings. 3. And be it, &c. That from and after the passing of this Act any Incorpo- rated Bunk, or any one of the Banking In.stilutions in this Province, excepted in any Act passed during the last Session of the Legislature, entitled " An Act to ])rotect tlie Public against Injury from pri\ate Banks," against whom any Action shall be brought by reason that such Bank has failed to redeem its Notes or other Liabilities in Current Coin, shall be sued hi His Majesty's Court of King's Bench in tliis Province, and no other. ■!•• And be it, ;?cc. That from and after the passing of this Act it shall and may be lawful for any one or all of the Three Connnissioners to be appointed hereafter under tiie Provi.sions of this Act to examine into the State of each of the Cluutereil Banks of tliis Province, and to ascertain 'the Amount of their Notes or Evidences of Debt then actually in Circulation, the Amount of Capital paii.1 uj), the Quantity of Sj)ecie or Bullion in the Vaults of each respeclixcly, antl all other IMaUers whatever relating to the Finances of said Banks, and to present a true and correct llej)ort of the same, under his or their Hands, to the Lieutenant Go\enior within Eight Days from the Date of such Examination. 5. And be it, kc. That the Amoimt of Notes or Bills issued and in circula- ti(ni of the r>anks of this Province which shall suspend Specie Payment, and whicli sluill avail themselves of the Provisions of this Act, shall be regulated according to the Schedule to this Act annexed and marked A., and so in pro- portion the 1/anks witli a less or greater Ca})ital jiaid in. (J. And be it, t'tc. 'i'lial if any such Bank or Banks shall have in their Vaults at any Time a Sum of Money in lawfid Cold, Silver, and Copper Coins to a larger Amount liuui according to tiie Proportions in the said Schedule men- tioned, it shall and may be lawl'iil for the said Bank or Banks to issue a Sum of !Money in the Notes of such Bank or Banks projiortioned to such Excess of Specie beyond the Ten Pounds ])er Centum of the paid-up Capital of such Bank or Banks, as stated in the Scliedule to this Act annexed marked A. 7- I'rovided always, and be it, ^c. That no Chartered Bank shall be allowed at an ' Time or under any Circumstances to issue more than Three Times the A Tiount of their Capital actually paid in. 8. And be it, &c. That the Conimi.ssioners referred to in this Act be apjiointed by the Legislature of this Province ; and that each and every one of the saitl Commissioners shall upon Notiheation of his Appointment to such Oflice taki' tlie Oath to this Act annexed and marked B. ; wliich Oath shall be admini .iLied to such Commis.sioner or Commissioners by the Vice Chancellor of this Province, by the Chief Justice, or any Connnissioner of His Majesty's Court ol' King's Bench therein. [). And be it, &c. That One or more of such Commissioners shall at least once in every Month jiersonally examine into the Aflliirs of each and every Cluutereil Bank in this Province, and of such private Banks as shall within One Month from the pa.ssing of this Act make in Writing, signed by the Pre- sident ami Cashier or Manager of such Bank or Banks, llecpiest to the said Connnissioners to be placeil within the Provisions of this Act; and such Com- missioners shall within Eight Days after such Ai)plication and Examination present under Oath a true and correct Report of the State of tlu- Finances, &c. of sucii Bank or Banks to the Lieutenant Governor: Provided always, that siich Commissioner or Commis.sioners sludl not in such Report, nor at any other Period, enter into a Statement of or interfere with the private Accounts of Individuals who shall be transacting their ordinary Business with such Bank or tik to the contrary ON THE SUBJECT OF CANADA. 899 or Banks ; any tiling in this Act or in any other Act to the contrary notwith- standing, excepting only so far as may be necessary for ascertaining the gross Amount of Liabilities of such Bank tor Deposits. 10. And be it, &c. That during the Continuance of the Suspension of Cash Payments by the Banks aforesaid as autliorizeil !w this Act no Person or Persons shall be held to bail upon any Process issuing out of any Court in this Province unless the Affidavit whicli shall be made for that Purpose siiall not only contain the several Matters now required by Law, but also that no Offer has been made to ])ay the Sum of i\Ioney in such Affidavit sworn to in the Manner provided by this Act, upon good and sufficient Proof that any Person or Persons shall have tendered Paymeiu in full of any Demand or Debt, as authorized by this Act, and that such Tender of Payment afbi'esaid shall iuive been refused by the Person or Persons to whom such Debt was due ; and if such Creditor shall proceed to arrest or hold to bail ariy Person or Persons after such Tender duly made, such Arrest or holding to bail shall be deemed frivolous and vexatious ; and it shall be lawful for the Court from which the Process issued to discharge such Debtor from Custody during the Suspension of Cash or Specie Payments as authorized by this Act : Provided always, that it shall be lawful for such Coiut, in the Furtherance of Justice or for ascertain- ing the Amount due to any Creditt)r or Creditors, to permit Proceedings to be had for any such Purpose. 11. And be it, &c. That from and after the passing of this Act, if any Sheriff or Coroner or other Officer shall luuc or shall take in execution the Goods and Chattels or Real Estate or other Projierty of any Defendant or Defendants in any Suit or Action or under any Process issued out of any Court, or by the virtue of any Landlord's Warrant or other Process whatsoever, and shall proceed to sell or disj)ose of the same, or shall distrain or levy any Distress, after he shuU have been duly tendered the Amoinit of Debt and Costs in the IManner provided by this Act, such Sheriff, Coroner, or other Officer shall be liable to an Action at Law in His Majesty's C'ourt of King's Bench in this Province, and, u])ou due Proof of such Tender having been made, shall be liable to Damages in an Amount not less than Double the A'alue of the Pro|)erty, Goods, and Chattels so sold or distrained upon, or on which any such Distress may have been levied, any thing in any Act of the Parliament of this Province contained to the contrary notwithstanding. 1^2. And be it, &c. That it shall not be lawful for the President, Directors, and Cashier, or other Officers or Shareholilers of any Bank or Banks authorized to suspend Specie Payments under the Provisions of this Act, to sell or dispose of or in any way to reduce or lessen the Amount of (lold. Silver, or Copj)er Coins in their Possession at the Time of the passing of this Act, or to pay to their respective Shareholders or Stockholders any Dividend or Share of Profits upon their Capital Stock in Cash or Specie, or in any other Manner than with tlieir own Notes respectively, excepting always the component Parts of One I'jilar or Five Shillings in Silver Coins, and the component Parts of Seven- pence IlaHpeiniy in Copper Coins ; and that the President and Cashier be required in their lleturns to nud;e Affidavits that no such Sale or Dividend oi'S|)ecie as aforesaid has taken ])lace, anti no other Ueduction of the Specie aforesaid than what was requisite for the Payment of the comjionent Paris of Five Shillings, in the regular Business of the Bank. 13. And be it, &e. That nothing in this Act contained shall be construed to extoiul to giviiig any llelief to any private Bank or Iianks, or to authorize the Suspension of Cash or S|)ecie Payments by any such private Hank or Banks, unless such jirivate Bank or Banks shall have fully and umcservedly complied, according to the full and true Intent and Meaning of this Act, with each ami every Provision of this Act, and shall make it clear to the Commissioner or Connnissioners to be appointed under this Act that such private Bank or Banks shall actually have in their ^'aul(s the Amoimt of S])eeie proportioned to their paid-up Capitals respectively required by this Act; and if such private Bank or Banks shall refuse or neglect to comply with the Provisions in this Act contained, such private Bank or Banks so refusing or neglecting to comply shall not in aii_y way be entitled to any of the Benefits or Ailvantages of this Act, and shall continue and remain subject to each and every of the Liabilities, &c. which they would have been subject to if this Act had not been passed. - 14. And be it, &c. Tliat if any Bank or Banks which shall become subject ("41.) 3 D 4 to No. so. Sir F. B. Head to Lord Glenelg, 12th .luly 1837. Enclosure No. 2. 1 ' ! 1 f 1; 1 '■ mi ?■ 1 400 DESPATCHES FROM Sill F. B. HEAD, Bart., No. 50. Sir F. B. Head to Lord Glenelg, 12th July 1837. Enclosure No. '2. *« to the Provisions of this Act shall oft'er any Obstruction to the Coramisaioncrs to be apjjointed under this Act in the Discharge of their Duties as set forth herein, or shall refuse or neglect to comply with the Provisions of this Act, then and in that Case any Bank so refusing to comply with the Conditions of this Act shall not be entitled to any Advantiige under its Provisions, but shall be and remain subject to all Liabilities as if this Act had never passed. 15. And be it, ike. Tiiat during the Continuance of this Act, or while such IJanks shall continue under the Surveillance of the Commissioners to be appointed under this Act, such Commissioners shall be paid Twenty Shillings each per Diem lor the Time they are necessiuily employed in the Discharge of the Duties imposed upon the"i by this Act, such Payment to be made from the Funds of the ditlerent Bink:; respectively which may come under the Provisions of this Act, such Payment to be in full for travelling Expenses, and all other Allowances whatsoever, and to continue only during the Time of Suspensi' n of Specie Payments, or during the Conthuiance of th'^ Act. 16. And be it, &c. That this Act siiall take effect immediately, and shall continue in force until the End of the next ensuing Session of Parliament, anil no longer. 17. And be it, &c. That the Legislature shall have Power to repeal, alter, or amend this Act at any Time. 18. And be it, &c. Tiiat the Ilonoinable George H. Markland, Dr. James Hamilton;, and David John Smith be Connnissioners to carry into effect tiie Provisions of this Act, 19. And be it, &c. That it shall and may be lawful for the Lieutenant Governor to ffll any Vacancy that may occur in the Board of Commissioners by Death, Resignation, or otherwise. (A.) Amount Proportion of Specie Proportion of Notes of In which paid-up Capital. the Vaults. may be issued. .€ .€ jdlOO.OOO 10,000 100,000 15,000 110,000 •iJ.OOO 12.5,000 25,000 140,000 30,000 150,000 35,000 160,000 40,000 170,000 45,000 180,000 50,000 100,000 55,000 200,000 00,000 210,000 (55,000 220,000 70,000 2;)o,ooo 80,000 250,000 00,000 275,000 100,000 300,000 Resume Cash Payments. And so in proportion to a less or greater Capital. (B.) Form of Affidavit. I, A. B., do solemnly .swear. That I will fliithfully, justly, and truly, and without Favuin- or Partiality, and according to the best of my Abilities ami Judgment, discliarge the Duties of a Baid< Commissioner in the Manner iind \\'ay provided for by Law ; aiul that I will, during my Continuance in such Office, once in each and every jNlonth, and oHoner if so directed by the Lieu- tenant (lovcrnor, and unless prevented by Sickness or other good and sufficient Cause, carefully and strictly examine tiie Accoimts of such Bank or Banks as I may be authorized to inspect, and, as far as in my Power lies, ascertain the Amoiuit of Notes, or Evidences of such Debt, issued by such Bank or Banks aiul then in Circidation ; the Amount and Natiu-e of Exchange Tran.sactions in which such Bank or Banks may have engaged; the Amount of Gold, Silver, and AM to repeal, alter, or e Cash Payments. ON THE SUBJECT OF CANADA. 401 and Copper Coins in their Vaults ; and all other Matters appertaining to the Finances of such Bank or Banks ; and that I will, within Eight Days from the Date of each and every Examination respectively, present under Oath to the Lieutenant Governor a true and correct Report of the Transactions and Affairs of such Bank or Banks, excepting always tiie lawfid Accounts and Transactions of private Individuals with such Banks, which Accounts and Transactions of private Individuals I solenndy swear to keep secret, and not disclose or discuss with any Person or Persons, except the Officers of such Bank or Banks during such Examination of their Affiiirs, and unless thereto required in Furtherance of Justice as an Evidence in any Court of Equity or Law in this Province, and unless any such Transaction or Transactions should be fraudulent in themselves or detrimentiil to the general Interests of the Province. No. SO. Sir F. n. Head to Lord Glenelg, 12th .'uly 1837. Enclosure No. 2. ii:l Third Enclosure in No. 50. Bill entitled An Act to authorize the Chartered Banks in this Province to Enclosure No. 3. suspend the Redemption of their Notes iii Specie, under certain Regu- lations, for a limited Time, and for other Purposes therein mentioned. AViii;iiE.\s, under the peculiar Circumstances of the Banks in the United Suites of America and in the Province of Lower Canada having recently detcr- iiiiiied to suspend Cash Payments, it may become necessary for the several Cliurtered Banks in this Province to cease from redeeming their Notes with Specie, either in consequence of the Difficulty of j)rocin'ing Specie, or from the linpo.ssibility of retaining it while the unusual State of Conunercial Atlairs in the adjoining Coimtries gives to Gold anil Silver an extraordinary \'alue : And whereas it is of great Consequence to the Conunercial and Agricidtural Interests of this Provir.ce that the Accommodation which Banks of inuloubted Solvency can safely extend to those engaged in Business sh.ould not be suddenly dis- continued, which, under the existing Laws, must be the Consequence of their being compelled to suspend Cash Payments ; and it is therefore expedient to make such temporary Provision as may afford Relief against this Inconvenience : Be it therefore enacted, kc. That if any of the Banks in this Province, char- tered by Act of the Legislature, shall, during the Contimiance of this Act, judge it necessary under existing Circutnstances to suspend the Redemption of their Notes by Specie, such Bank may forthwith make a Disclosin-e of the State of their Affairs to the Lieutenant Governor of this Province in Council, and shall state the Reasons which have led to such Susi)ension ; and in case it shall appear proper and advisable to the Lieutenant Governor and Council that such Bank should, imder the Circumstances disclosed by them, be allowed to con- tinue their Business of Banking notwithstanding their Su.spension of Cash Payment, then it shall be lawful for the Lieutenant Governor in Council to make a Minute to that Effect, which shall be published in the Upper Canada Gazette dining the Time of such Suspension of Cash Payment, and such Minute of the Lieutenant Governor and Council shall have the Effect of saving such Bank from any Forfeiture of their Charter by reason of their Suspension of ('ash Payments before or after the making of such Minute, and from any and every Penalty or Disability which would or might otherwise ensue thereon. •2. And be it further enacted, kc. That it shall and may be lawful for the Lieutenant Governor in Council to reipiire from the Presitlent and Directors, or the Cashier or other Officer of any such Bank, whatever Information they may deem necessary for their Satisfaction in respect to the Solvency of the Baiik and the actual Condition and Management of their Affairs, whicii Infor- mation they may desire to be given under the Oath of the Person or Persons furnishing the same, and that such Oath may be administered by any Judge of His Majesty's Court of King's Bench in this Province, or by any Judge of a District Court therein. 3. And be it further enacted, &c. That in case Authority to continue Busi- ness shall be given by the Lieutenant (Jovernor in Council, such Authority may remain in force during the Continuaii' of this Act. 4. And be it further enacted, &c. lat so long as such Authority shall con- tinue it shall and may be lawful for the Lieutenant Governor of this Province (IL) 3 E to ^' *, A t'l' 402 DESPATCHES FROM SIR F. B. HEAD, Bakt., No. 50. Sir F. B. Head to Lord Glenelp, 12th July 1837. Enclosure No. 3. of) to appoint from Time to Time Two or more Commis.sioners with Power to inspect and examine into the Affairs of the Bank to which such Authority shall be extended, and to report thereon in such Manner as shall be thought neces- sary ; and that such Commissioners, and every of them, shall have Authority to require Statements, on Oath, from the President or any Director, Cashier, or otiier Officer of such Bank, in rohition to any of the Attliirs or Business of the said Bank ; and that any One of tiie Connnissioners shall have Power to ad- minister an Oath for the Purpose aforesaid. 5. And be it furtiier enacted, &c. That during the Time sucii Authority to suspend Cash Payments shall be continued it shall be the Duty of tlie Bank to which the same shall be extended to transmit to the Lieutenant Governor in Council, once in each Month, or oftener if it should be thought necessary, a Ili'tmn of their Business and Affairs, such as they may be required under their Act of Incori)oration to furnish for the Information of the 'legislature. (). And be it further enacted, &c. Tiiat if any Person shall knowingly swear falsely in any Matter stated by him on Oath under tlie Provisions of this Act, he sliall, on Conviction, be deemed guilty of wilful and corrupt Perjury. 7. And be it further enacted, &c. That so long as any Bank shall con- fiiuic, under the Provisions of this Act, to conduct their Business of Banking without paying their Notes in Specie on Demand, their total Amount of Paper in Circulation shall never exceed their Capital Stock actually paid up. 8. And be it further enacted, &c. Tiiat diu'ing the Time of such Suspension of Cash Payments it shall not be lawful for any Bank to make sale of any Proportion of the (lold or Silver w.'uch may be in their Possession, or make anv other l)ispositiv)U tliereof which would diminish the Amount according to its legal Value, than by paying in Change tiie Fractional Parts of a Dollar, or by ])ayirig on Demand the Amount of such of tiieir Notes for One Dollar each as may be presented to them for Payment ; and that the Bank shall observe such Directions as may from Time to Time be given by the Lieutenant Governor in Council respecting the Amount of such Notes which shall be maintained in Circulation, and respecting the Redemption thereof in Specie by such Bank. y. And be it further enacted, &c. That it shall be in tlie Power of the Lieutenant Governor of this Province, in Council, to make an Order directing that any Bank which shall avail itself of the Provisions of this Act shall, from the Expiration of One Month, or any further Time that may be thought reasonable, after its Suspension of Payments in Specie, procure and retain in its Vaults an Amount of current Gold or Silver Coin bearing such Proportion to its Amount of Bills or Notes in Circulation as shall be prescribed in such Order, being not more than Ten per Cent, of the Amount in Circulation. 10. And whereas, in case of its becoming necessary for the C'hartered Banks in this Province to su.spentl Payment in Specie, it may be found impracticable for Individuals, during such Suspension, to obtain Gold or Silver ; and it is therefore necessary to make such Provision as may afford reasonable Protection in that Behalf; be it therefore enacted, &c. That so long as any of the Chartered Hanks in this Province shall be authorized, under the Provisions of this Act, to suspentl Payment in Specie, in aise any Action shall be depend- ing or shall be hereafter brought in any Court in this Province for the llecovery of any Debt, it shall be lawful for such Court, on the Application of the Defendant, and on the Hearing of the Parties, to stay Proceedings in .such Action, without Costs, until fiuther Order shall be made thereon, pro- vided it be made to appear to the Satisfaction of the Coint that the Neces.sily for proceeding in such Action does not arise from the Want of the Amount of Debt being ascertained, or from the Unwillingness or Inability of the Defend- ant to j)ay the same, but .M)lely from his Inability to procure Gold or Silver in this Province in order to make such Payment. IL And be it further enacted, &c. That during the Continuance of this Act no Action or Suit shall be j)rosecuted against any of the Banks which shall avail itself of the Provisions of this Act in order to compel Payment of any Notes of such Hank expressed to be payable on Demand ; and it shall be lawful for the President and Directors of ever^- such Hank, during the Con- tinuance of their Suspension of Cash Payments m the Manner allowed by this Act, to ajjply to the Court wherein any such Action shall be brought or shall be s with Power to h Authority sliall )e thought neces- ;iave Authority to cctor, Cashier, or r Business of the ive I'ower to ad- sucli Authority to ;y of tiie Bank to nant Governor in )ught necessary, a [juirod under their gislaturo. ! knowingly swear sions of this Act, pt Perjury. ■ Bank shall con- their B\isiness of inand, their total lital Stock actiiiilly if such Suspension make sale of any )ssession, or make Vniount according Parts of a Dollar, tcs for One Dollar lat the Bank sliall by the Lieutenant es which shall be oreof in Specie by the Power of the an Order directing of this Act shall, it ma)' be thonglit ;ure and retain in g such Proportion prescribed in such II Circulation, e Chartered Banks jund imjiracticable r Silver •, and it is isonablc Protection iig as any of the the Provisions of n shall be dcpend- Province for the [)u the Application itay Proceedings in lade thereon, jno- tliut the Necessity ant of the Amount ity of the Defend- ) Gold or Silver in bntinuancc of tills f the Banks which compel Payment of id ; and it sliall^ be L, during the Con- lier allowed by tins e brought or shall be ON THE SUBJECT OF CANADA. 403 be depending to stay Proceedings therein in a summary Way ; and in case such Action or Suit shall be brought to compel Payment of any Note or Notes made payable on Demand, such Court shall stay all Proceedings accordingly during the Continuance of this vet or during the Suspension (if Cash Pay- ments as provided by this Act : Provided always, that if it shall appear to such Court to be necessary for the Purpose of ascertaining the Amount of any Demand on such Bank, or otherwise for the Purtheiance of Justice, that any Proceedings should be had for such Purpose, it shall be lawful for such Court to permit Proceedings to be had in any such Action or Suit for such necessary Purpose only : Provided also, that no Costs sliall be recovered against any such Bank in any Action or Suit which shall be brought for the Purpose of compelling Payment of any Debt or Demand, unless the Court wherein the same shall be brought shall be of oi)inion that the same was necessary for the Purpose of ascertaining the Amount of such Debt or Demand, or the Title thereto. 1(2. And be it further enacted, &c. That if any Bank or Banks which shall become subject to the Provisions of this Act shall offer any Obstruction to the Commissioners to be appointed under this Act in the Discharge of their Duties as set forth herein, or shall refuse or neglect to comply with the Provisions of this Act, or with any Order given under its Authority, tlien and in that Case any Bank so refusing to comply with the Conditions of this Act shall not be entitled to any Advantage under its Provisions, but shall bo and remain subject to all Liabilities as if this Act had never passed. 13. And be it further enacted, &c. That the Commissioners to be ajipointed under this Act shall be paid Twenty Shillings each per Diem for the Time they are necessarily employed in the Discharge of the Duties hereby imposed upon them, such Payment to be made from the Funds of the different Banks respectively which may come under the Provisions of this Act, and to bu in full for travelling Expenses and all other Allowances whatsoever, and to con- tinue or.Iy during the Time of Suspension of Specie Payments, or during the Continuance of this Act. 14. And be it further enacted, &c. That this Act shall take efi'ect imme- diately, and shall continue in force until the End of the next ensuing Session of Parliament, and no longer. 15. And be it further enacted, &c. That the Legislature shall have Power to repeal, alter, or amend this Act at any Time. 16. And be it further enacted, &c. That it shall and may be lawful for the Lieutenant Governor for the Time being to fill any Vacancy that may occur in any Board of Conunissioners by Death, Resignation, or otherwise ; and that each Commissioner apjiointed under this Act shall, before entering upon the Duties of his Office, take the following Oath, which may be administered by the Vice Chancellor, or any Judge of the Court of King's Bench in this Province, or by any Judge of a District Court therein : " I, A.B., do swear, That I will faithfully discharge the Duties of a Com- " missioner ajipointed to examine into and report upon the Afliiirs of the " Bank, under the Act of the Legislature in that Behalf; and that I will not " disclose any of the Transactions of jirivate Individuals with the said Bank, " farther than it may become necessary for the faithful Discharge of my Duty. " —So help me God." No. 51. (No. 89.) Copy of a Despatch from Sir F. B. Head, Bart., k.c.ii., to Lord Glenelg. My Lord, Toronto, 20th July, 1837. I HAVF, the Honour to submit to your Lordship a Copy of a Memorandum wliicli on the 19th Instant I delivered to a Meeting of the Presidents and Cashiers of the Chartcretl Banks, who assembled at Government House for the Purpose of learning the Views of the Executive on the Subject of the new Act. At this Meeting I clearly explained to the Ke])resentatives of the several Banks that I had no Desire whatever to induce them to depart from any Course they might consider as most conducive to their Interests j that, on the contrary, I would wish them to be guided only by their Interests. (41.) 3 E 2 • ■ After No. 50. Sir F. B. Head to Lord Glenelg, 12th July 1837. Enclosure No. 3. No. 53. Sir r. l\. Head to Lord Gli'iielg, 20tli July 1837. , \ ii m I •!■ 404 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 51. Sir F. B. Head to Lord Glenelg, aotli July 1837. No.-) 2. Sir F. B. Head, to Lord Glenelfr, I "til August 183" <« After tlie Meeting left Government House a Consultation took place, the Result of whicli was a unanimous Determination on the Part of the Banks not to avail tl)emselves at present of the new Act ; but to continue their Cash Pay. nients. I need not say to your Lordship that this Determination will draw upon them great Jealousy j and I fully expect that Exertions will be made to exhaust the Banks. I have the Honour to be, &c. The Right Hon. Lord Glenelg, (Signed) F. B. Head. &c. &c. &c. (Copy.) F. B. Head. The Lieutenant Governor wishes the Banks of Upper Canada to under- stand, That if any Bank shall desire to avail itself of the Provisions of the Act to authorize the Chartered Banks in this Province to suspend the Redemption of their Notes in Specie, it will be necessary — 1st, That the said Bonk shall submit to the Lieutenant Governor in Council a full Statement of its Affairs, showing the Solvency of the Listitution. 2d, That the Amoimt of Specie retained or to be retained in the said Bank at the Time of its Suspension shall not be more than sufficient to redeem, on Demand, its One Dollar Notes "which are in Circulation. 3i], That the Notes of a suspended Bank cannot be used in Government Transactions. Government House, 19th July 1837- No. 52. (No. 97.) Extract of a Despatch from Sir F. B. Head, Bart., k.c.ii., to Lord Glenelg, dated Torotito, 29th August, 1837. In cominunicating to me a Copy of the Resolutions which it was the Inten- tion of His Majesty's Government to bring forward in the House of Commons respecting Lower Canada, your Lordship was pleased to conclude your Despatch to me. No. ., dated 18th February 1837, as follows : *' I shall look forward with much Anxiety for a full Communication from you " on the Subject " &c. &c. Besides being thus ofllciiilly invited to furnish Her Majesty's Government with my Opinions respecting- the Measures proposed to be adopted towards Lower Canada, I had a natiual Inducement to do so from the political Con- nexion which exists between the Two Provinces, for I need hardly observe to your Lordship that it is useless for Upper Canada to be expending 300,000/. in rendering the upper Portion of the St. Lawrence navigable, if the lower "Waters are to remain impassable ; oiir Access to the Ocean, as well as our internal Prosperity, being dependent on the Tranquillization of the Lower Province. My Residence here had of course enabled me to form an Opinion on the Measures proposed to be introduced by Her Majesty's Government, and as that Opinion was solicited I should not have withheld it except f^r the Reason that, as your Lordship's Communication reached me too late for my Opinion to beef any practical Use, I felt it would be only vexatiously embarrassing the Govern- ment were I to transmit it. I therefore determined to be perfectly silent on the Subject, and, if the same Reason existed, I should still remain so ; but seeing that the remedial Resolu- tions of the Imperial Parliament have, as I anticipated, totally failed in their Effect, — seeing that the House of Assembly of LowerCanada have again refused the Supplies, that Mr. Papineau's Language has become more insulting than ever, and that his Agents here arc openly preaching Revolt, — I feel that aa Her Majesty's Government will be now driven to determine what is next to be done Z!anada to under- 1 in Government to Lord Glenelg, ON THE SUBJECT OF CANADA. 40o (lone, I have no Excuse for any longer withholding my Opinions ; and I accord- No. 52. ingly reluctantly and respectfully submit them for Consideration. ■ ^' ^*"' My Lord, the Portion of the Globe from which I am now addressing your Lord Glenelg, Lordship is the most favoured Region which it has ever been my humble Fortune ^^'** August 1837. to visit. The Freshness and Elasticity of the Canadian Air, the peculiar Bluencss ^"~~~~~ of the Sky, the Magnificence and Utility of the great Lakes, the unexampled Exuberance of the Soil, the Lulications of Mineral Wealth, and the Abun- dance of Timber and Fuel, form altogether a rich Picture, which it is beyond the Power of the Artist to delineate. With respect to the Inhabitants I will only say that, so far as I am compe- tent to judge of them, they are worthy of the free Country they inhabit. The Ihitish Population have lost none of tiic noble Qualities which distin- guish their Race ; the French Canadians retain all the social Virtues which adorn the Character of the French, without their Propensity for War. Blessed with these Advantages the Canadas ought to be happy ; but on the contrary, the Upper Province was, and the Lower apparently is, on the Brink of Revolution ! Where, it will be asked, does the Blame rest ? I respectfully reply, neither upon the Surface of the Country, nor upon the Morals of the People, but ujjon the conciliatory Measures which, under succes- sive Administrations, have been unremittingly applied by His Majesty's Govern- ment. If in Common Law respectable Evidence be deemed sufficient to substantiate any Accusation, surely in Politics concurrent Opinions, such as the following, ought not to be rejected. 1. The British Population of Lower Canada deeply lament the Course of Policy which the Home Government for many Years has been pursuing. 2. So does the loyal British Population of Upper Canada. 3. The Chief Justice, the Law Officers of the Crown, every faithfid public Servant in this Province, silently evince their Sorrow at the (-oncessions which have been made, and which are still being made, to those few designing Men who, for self-interested Objects, have been long labouring to subvert the British Constitution. 4. So do I, the Lieutenant Governor of the Province. 5. So docs Sir John Colborne, the Commander of the Forces in the Canadas. 6. So do the British Troops ; who, though generally speaking regardless of Politics, cannot here avert their Minds from Circumstances which are so glaringly hefore them, and which they foresee tend to haul down the Colours that from their Boyhood they have been taught to venerate. If Her Majesty were suddenly to arrive in the Canada^, there is no one of those I have just enumerated who would not be proud to follow Her with Devotion from Niagara to Quebec ; but if a Representative of our Colonial Policy were to appear here, I do declare to your Lordship, that in my Opinion he would be seen to traverse the Canadas alone. And now, my Lord, who is the Individual who ventures to bring these Truths before your Lordship's Mind ? Why one who is indebted to your Lordship for an Election in his Favour almost unparalleled, who has obtiiined through your Lordship's Recom- mendation hereditary Rank, and who at this Moment feels most deeply that all lie has ever written, instead of offending your Lordship, has most liberally been pardoned and overlooked. As your Lordship's accredited Agent, as one whose especial Duty it is to ict towards his Principal with Honour and Fidelity, the Evidence I offer to your Lordship is entitled to Respect. The concurrent Opinions which I have just detailed to your Lordship might once have been termed theoretical; but they have now not only been reduced to Practice, but the Proof has been, as it were, mathematically worked out, both positively and negatively, as follows : 1. The Conciliations which Lord Gosford has been commanded to make in Lower Canada, as well as those almost promised by Inference in his late Sneech, (4L) 3 E 3 have 'I; 406 DESPATCHES FROM SIR V. B. HEAD, Bart., *if No. 52. have ended in Anarchy. His Lordship's generous Character, his high-minded Sir F. B. Head Integrity, his Rank, his Fortune, iiis Afliibility, his Amiability, have all failed Lord Glenelir, ^^ produce political Tranquillity ; his moral Power has gradually sunk under 29ih August 1837. the Experiment ; he has now lost " all but his Honour." ~ Again, in New Brunswick, the Concessions made to Messrs. Crane and Wilniot have equally failed in satisfying that Country. These Gentlemen, as Agents of the House of Assembly, obtained the Surrender of the Casual and Territorial Revenues, When their own Scale was thus heavily laden, they next asked that the Salary or Influence of tiieir Governor might inversely be lightened ; wiicn tliis was granted they returned in Triumph ; their Governor retiring from tlie Conflict, yielded to them the Field. But the Bonflres were hardly extinguished when Mr. A. Wilmot (I perceive from the Journals) proposed that the Execu- tive Council should be converted into Persons " possessing tlie Confidence of the People ;" which, in these Colonies, means nothing more or less than that the Governor's Head is to be emptied of its Contents, and then stuffed with Rej)ublican Brains. 2. In Upper Canada, the opposite or negative Proof (I mean the unconciliatory Course of Policy) has, it cannot be denietl, ])ractically tranquillized the Province. It has not only com])Ietely overthrown the Enemies of the British Constitution, but to a very great Degree it has effected their Conversion. Ilinidredsof Men who leaned with their whole Weight against the Government, so long as they felt it bend to their Pressure, suddeidy stood erect to defend it the instant it resolutely commanded them to keep off; People of the most violent Politics have lately acknowledged themselves to have been in error ; and even the late Speaker, Mr. Bidwell himself, who was the avowed Republican Associate of jVlr. Papineau, now openly declares that he deeply regrets the Course he was led to pursue. I could proceed to prove to your Lordship that the Policy I have humbly pursued has very numerous Supj)orters, even in the United States : but 1 will not seek for Evidence beyond the Limits of His Majesty's Dominions. I will merely observe to your Lordship that the Success which has been obtain'^d in Upj)er Canada is not adventitious, but that it is a Result which in my very first Despatch (dated 5th February 183ti) I explicitly foretold, as follows : " As far as I have been able to judge, I should say that the Republican " Party are implacable ; that no Concession whatever would satisfy them, their " self-interested Object being to possess themselves of the Government of this " Province for the sake of Lucre and Emolument. " Under these Circumstances I consider that the great Danger I have to '• avoid is the slightest Attempt to conciliate any Party ; and that the only " Course for nie to adopt is to act fearlessly, undisguisedly, and straight-for- *' wardly for the Interests of the Country ; to throw myself on the good Sense •' and good Feeling of the People, and abide a Result which I firmly believe " will eventually be triumphant." Having conckiiled ti)e foregoing ])reliminary Observations, I will now very shortly proceed to submit to your Lordship, not any Remarks respecting the late Resolutions of the Imperial Parliament, for as they have i)assed it is useless now to discuss them, but my humble Opinion of the Course which should henceforward be adopted. I therefore respectfully recommend His Majesty's Government to frame their future Policy upon Two unalterable Determinations : 1. Molunius Leges Angliiu mutari. 2. We will not retain Possession of the Canadas by Force of Arms. My Lord, I have no Hesitation in saying, that if these Two Maxims are mildly but firmly maintained, Truth, Reason, and Justice will overpower tiie factious Opposition that is now offered to us, and that a splendid moral Triumph will be the Result. Much might be written on this Subject, but with the voluminous Details which are already before the Government, I feel that the deliberate Result of my lii^ii ON THE SUBJECT OF CANADA. 407 my Opinion will be less troublesome to your Lordsliip than a Statcintent of No. 32. tlie minute Arguments on which it has been founded. j^ The Right Hon. Lord Glenelg, I have, &c. Lord Gteneig, &c. &c. &c. (Signed) F. B. Head. 29th Auigast 1837. The Servants of jthe CrowTi in Lower Canada ought, I concovc, to be immediately made independent, /or ever, of the House of Assembly, uy an Act of the Imperial Parliament. f mcnt to frame their No. 53. (N'o. 99.) Copy of a Despatch from Sir F. B. Head Bart., k.c.ii., to Lord Glenelg. My Lord, Government House, Toronto, 10th September 1837. I HAVE to acknowledge the Receipt of the following Despatciies which I have had the Honour to receive from your Lortl.ship : — 1st Despatch, No. 158, dated '•th April 1837, repeating to mo, that the Reasons I submitted to your Lordsluj) tor having remo\'ed .Judge Ridout from Office appear to your Lordship inadequate, and that your Lordsliip still with- holds your Approbation of the Measures ado})tcd in Mr. Riiiout's Case. ^M Despatch, No. '200, dated llth.Iuly, informing me that your Lordship lias not been pleased to confirm the A])pointments of the Attorney and Solicitor General which, on the .Oth April last, 1 had the Honour to notify to your Lord- ship in a Gazette Kxtraordiuary, but that it is the Wish of His Majesty's Government that the Situation of Judge of the Court of King's Bench should, in case of an expected Vacancy, be ottered to JVLusIiall Spring Bidwell (the Speaker of the late House of Assembly, the Leader of the Republicans in tliis Province, and the fellow Labourer and Correspondent of Mr. Speaker Papi- neau). As, after very deliberate Consideration, I have determined to take upon myself the serious Responsibility of positively refusing to place Mr. Bidwell on the Bench, or to restore Mr. George Ridout to the Judgeship from which I had removed him, I feel it my Duty, not only respectfully to explain to your Lord- ship the Reasons of my Conduct, but fratikly to disclose to your Lordship Opinions and Sentiments which, being hostile to the Policy of the Colonial Office, ought not to be withheld from your Lordship. I feel confident that your Lordship will, with the Equanimity which distin- guishes your Character, calmly listen to the Observations I am about to make ; and 1 can assure your Lordship that at the present Instant there is no Feeling more strongly imjjressed in my own Mind, than that, in the Utterance of strong Opinions wliich I feel most deeply, I may not be led to use an Expression which can in any Way be considered as evmcing a Want of that Respect which isjnstly due to your Lordship as well as to the high Station you hold. My declining, or, in plain Terms, my refusing to carry your Lordship's Orders into effect, would, I am aware, comu.only be considered as an overt Act of Hostility; but when it is considered that the Po])ulation of our Colonies amoiuits to Ninety-nine JVIillions of Peoj)lc scattered over Thirty-five Portions of the Globe, it must be evident that their Prosperity depends, not only on the Colonial Minister commanding what he deems to be right, but on the Colonial Governors refusing, on their Peril, to execute what they conscientiously believe to be wrong. In a Conflict of tliis Nature it does not therefore necessarily follow that Dis- obedience in a Lieutenant Governor is Disaffection to the Minister ; and although I am sensible thatyoiu' Lortlship has Power abruptly to terminate any sucii Objection on my Part, by innnediate Dismissal, yet I have no Observa- tions to offer on that Subject, as it is my own Duty and not your Lordship's that I am at present desirous to perform. My Lord, in my Despatch No. 97, dated 29th August last, I respectfully informed your Lordship that, in my humble Opinion, the whole Blame of the Dissensions which exist in the Canadas rests " neither upon the Surface of the " Country, nor upon the Morals of the People, but on the conciliatory Mea- (4L) 3 E 4. " sures No. 53. Sir F.B. Head to Lord frlenelg, 10th Sept. 1S37. 408 DESPATCHES FROM SIR F, B. HEAD, Baut., No. 53. Sir F. B. Head to Lord Glcnclg, 10th Sept. 1837. 4B: " sures which, under successive Administrations, have been unremittingly " applied by the Colonial OJlico." I stated to your Lordship, " that the British I'opulation of the Canadas, the '• Chief Justice, the Law Officers of the Crown, and every faithful public " Servant, were of this Opinion ;" and " that although if Her Majesty wore " suddenly to arrive in the Canadas, there was no one of those I have eniinie- " rated who would not be proud to tbllow her with Devotion from Niagara to " Quebec, yet that if a Representative of our Colonial Policy where to appear " here, I declared to your Lordship that hi my Opinion he would be seen to *' traverse the Canadas alone." In this Statement I comnuinicaled to your Lordship the Truth, but not the whole Truth ; your Lordship's late Despatches oblige me to supply the Do- ficicncy. My Lord, there exists in this Country no personal Feeling against your Lordship, but the loyal British I'opulation of the Canadas loudly complain, that there exists in the Colonial Dejiartmcnt an invisible overruling Influence whieli eitlicr fiivours the Introduction of Republican I'rinciples as productive in Theory " of tlie greatest IIaj)})iness to the greatest Number," or, acting under tiie mistaken Persuasion that Democracy must inevitably prevail over this Continent, deems it politic to clear the \Vay fi)r its Introduction rather than attempt to oppose its Progress ; in short it has for many Years been gene- rally believed that however loyal may be the Haul of the Colonial Department, its Heart is in favour not only of Republican Institutions, but of the Expe- diency of '.ssisting rather tlian of rctartliiig the launching our North American Colonies into that vast Ocean of Democracy, upon which the United States (the Cable of their public Credit having snapped) are at this Moment driving without Rudder or Compass. If the Statement of the above Opinion were to reach your Lordship anoiiy- mously, or bearing the Signatures of a i'iiw Individuals, or even of a large iio;iy of Individuals, it would of course*- be cast aside as contemptible ; but ;our Lordship, wiiose Attachment to the British Constitution is well known, will, I conceive, be startkd when I tell you, not only that the British Population of the Canadas partake largely of this Opinion, but that I, Her MaJL.t;''s Rei)rescntative in this Province, am of that Opinion ; that the late Lieutenant Governor Sir John Colborne, who had Eight Years Ex})erience, is of thai Ojiinion ; that Lieutenant General Sir Peregrine ^Maitland, who as Lieutenant Governor had Ten Years Experience, is of that Opinion ; I believe Lord Ayl- more, Lord Dalhousie, Sir X, Campbell (the late Lieutenant Governor of New Brunswick), to be of that Oj)inion ; and moreover that if the Lieutenant Governors of all the British Colonies were to be examined by your Lord- shi]), tlieir Testimony would, generally spiiaking, substantiate rather than deny what I have stated. If, therefore, your Lordship believes the Statement I have made, the con- current Opinions I have quoted must be conclusive; if, on the other hand, your Lordship doubts the Accuracy of my Statements, I beg your Lordsiiip to examine the Witnesses whose Names I have submitted to you. I have had no Communication with any of them but from the Seat of Government of this Province, where the Sentiments of my Predecessors are recorded ; I clearly see what is passing before my Eyes, I plainly hear what is sounding in every body's Ears. Y'our Lordship must of course be aware that a Monarchy may mechanically be lowered to a Republic by means of an Inclined Plane, the Angle of which may be so acute that the Surface to a common Observer appears to be lev^el ; but, lest this Metaphor should not be clear to your Lordship, I will state, iu still plainer Terms, that the Way to convert a Monarchy into a Republic ia to take every Opportunity to subtract Power from the Crown in order to add or give it to the People. Now it must be evident to your Lordship that this Arrangement may be practically effected by a secret Influence which it may be almost impossible to detect. For instance, there may be appointed to the Government of His Majesty's Colonies a Series of Military Men, each ignorant of the Principles of Civil Government, as well as unacquainted with the various Classes of Society of which it is composed. During their Initiation to their new Professions, every Encouragement may be given, at your Lordship's Office, to Representations arriving Bart., been unremittingly I of the Canadas, the every faithful public f Her Majesty were tliose I iiave cniinie- )tion fioiu Niagara to )hcy wiiere to appear he would be seen to le Truth, but not the e to supply tlie De- Fncling agaiust your loudly complain, that overruling Influence iciples as productive >Junibcr," or, acting evitably prevail over s Introduction rather my Years been gene- Z!olonial Department, lus, but of the Expe- oiu" North American eh the United States this ^Moment driving >our Lordship an'i.jv- even of a large '.'■■ ly lemptible ; but _,()ur is well known, will, le British I\)i)ulation lat I, Her Maji •[•fs It the late Licutenai't jjcrience, is of thai d, who as Lieutenant I believe Lord Ayl- luit Governor of New It if the Lieutenant ined by your Lord- ate ratiicr tiian deny have made, the con- on the other hand, I beg your Lordship ted to you. I liave eat of Government of e recorded ; I clearly is sounding in every :hy may mechanically the Angle of wiiich appears to be le\|el ; Iship, I will state, in into a Republic is to n in order to add or is Arrangement may be almost impossible . Government of His -ant of the Trinciples ous Classes of Society lew Professions, every s, to Representations arriving ON THE SUBJECT OF CAN.\DA. 4U» arriving there from any Portion of " the People ;" while, on the other hand, every |)ossible Discouragement may be given to the Friends and Supporters of Monarchy ; a Man asking for Concessions may invariably be represented to your Lordship as highly intelligent and respectable, a Man staunchly reconi- niending their Refusal may be termed politically bia-ssed. The Lieutenant Governors, observing that they are applauded whenever they concede any thing to the House of Assembly, and that .somehow or other they invariably get themselves into Difficulty whenever they support the Legislative Council, may for along Time be led imconsciously to do what all Military Men are naturally disposed to do, namely, recklessly to carry into Ltlect the Spin'f of their Instructions. Solongas they do this theymaypeacefully enjoy theirStations; but when Experience in their new Profession opens their Lye.s, when Reflection staggers tiieir Judgment, when, beginning to j)erceive that Concessions to what is falsely termed the "People" increase rather than .satiate the Appetite, they apj)cal to the Colonial Office, and in Language, militiuy rather than diplomatic, bid them " bt; Jinn," then and from that Moment they may immediately find them- selves unaccountably afflicted with a sweating Sickness, which is a siu"o Precursor of their Removal, the Language of Praise ceases to cheer them, tiiey may receive slight Rebukes, Objections may be rai.sed to the Aj)])<)intments tiicy make, People who oi)pose them in the Colony may be raised to Distinction, any trifling Di.sputes in which they may be involved may invariably be decided against them, their tiny Authority in the CoKmy may be contiiuially shaken, undl by a Repetition of petty Circiuustances which mortify rather than offend tliey may become disgusted with their Duty, they may nitemperately ])r{)tfer their Resignation, a new Man may be appointed, and the same Process may be reneweil. The whole of these Circumstances may occur ; the Democratic Power may gradually be increased, the Influence of the Executive may gradually be dimi- nished, the whole loyal Population may become indignant at observing their inevitable Declination towards Democracy, and yet there may be no particular Moment, or no one ])articular Circumstance, sufHciently .strong to arouse tiie Colonial Minister to a Knowledge of the dreailfid Pact that the 'I'endency of iiis own Office is Republican, and that while all on its Surfiice is .seen flowing towards the Throne a strong under Current is absolutely carrying every thing away from it ! The Case I have just sketched may be merely one of Imagination, but I beg your Lordship just to keep it in Mind as I bring before yoiu- patient Con- sideration the following Statements and Observations : My Lord, on my ...^^suming the Government of this Province I was desired by your Lordship to consider, as the Guide of my Proceedings, Lord Gostbrd's Instructions, m which were contained the following Words : — " In every I'art of " the Instructions with which, either as Chief Commissioner or as Governor, " you are charged, Conciliation and the Reconcilement of all ])ast Grievances " are studiously presented as the great Object of your Mission." Being convinced that the Concessions which had been made in our Colonies to the Advocates of Democracy had been the sole Cause of the Disturbances in the Canadas, I very shortly after my Arrival here expressed myself to your Lordship as follows : " The more seriously I contemplate the jjolitical Tranquillity of this Province, " the more stedtiistly I am convinced in my Opinion, that cool, stern, decisive, " unconciliatory Measmes form tlie most ])opular System of Government " that can be exercised towards the free and high-minded Inhabitants of the " Canadas." I need not observe to your Lordship that it is impossible for Two Systems to be more diametrically o))posed to each other than that prescribed to Lord Gostbrd, and that which I was determined to pursue. I hail not the slightest Intention to rebel against what I considered to be your Lordship's real Policy, (namely, the Maintenance of the Queen's Authority in the Canadas,) but being- convinced that this Object could only be obtained by the Means I have explained, I did not hesitate to inform your Lordship of the Course I had deliberately determined to pursue. My Policy having been shortly explained, I beg Leave to bring before your Lordship's Mind the following Sketch of my Principles as they have been avowed to your Lordship in my various Despatches. (41.) 3 F 1. In No. 53. Sir V. U Huad to Lord (ilenclp. l(«h Sept ISIiT. m ^ I 410 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 3-X Sir I'. B. Head to Lord Glenelg, 10th Sept. 1837. «*: it 1. In my Despatch dated 28tli October 1836 I state, "The Owners of " Property in Upper Canada detest Democracy ; they dislike it infinitely more " than the People in England do, because there it is a fine omne ignotum pro " magnifico Theory that no Man ui.uerstands, whereas here it is seen prac- " ticaily working before our Eyes in the United States ; and it is because the "' British Population in Upper Canada see it . in operation, that they deli. " berately detest it ; in whicli Feeling, or rather Judgment, they are joined by " many of the Americans themselves, who sorrowfully foresee that Lynch Law " must, ere iong, unavoidably treat their Rights, their hard-earned Property, " and their Religion, just as the Cataract of Niagara everlastingly behaves to " the calm gliding Waters of Lake Erie." 2. In my Despatch marked Private, dated 8th July 1856, I stated to your Lordship as my Opinion, "that if Half the Britisii Empire were offered to the " Republicans they would immediately trample it under their Feet, spit upon " it just as they do on their Carpets, and then demand the Remainder." 3. Having with very deep Regret listened to and combated the Principles which were openly advocated by one of tiie Royal Comn;issioners, I addressed to your Lordship a Despatch, No. 41, dated 1st June 1836, of which the following are Extracts : — " I have received from Lord Gosford and the Cotnmissioners of Inquiry a " Copy of their Reports to your Lordsliip on the Executive Council, and 1 " have had an Interview with Sir George Gipps, who was here Two Days ago " on his Way to Niagara. " It may have aj)peared strange to your Lordship, that during the siiort " Time that has elapsed since my Arrival here I should have twice respectfully " tendered to your Lordship my Resignation of the Station I hokl. The osten- " sible Reason which I gave for so serious a Proposal was, that my Income and " Rank were inadequate, as I still declare them to be, to the Duties I liad to " })erfbrm. But having read the Commissioners Report, and having conversed " with Sir George Gipps, of whose Talents and Probity I am deeply sensible, " I have resolved to hesitate no longer to confess to your Lordship that I do " not agree in opinion with the Commissioners of Inquiry, and that I iiave long " felt I should eventually embarrass them by remaining in this Country. I " should not do Justice to myself, or act frankly towards your Lordship, the " Governor General, or the Commissioners, were I any longer to conceal that " as regards their Policy, I have not an Idea in common with them." " I can declare to your Lordship, that before I came to this Country many " of my Friends fancied I was a Radical ; and indeed I almost fancied I was one " myself) for in all the Countries I have ever visited I have been devotedly " attaciied to what is vulgarly called the Liberty of the Subject. But I cannot " go as far as the Commissioners, and I only feel it due to them and to your ♦' Lordship to state so. " For instance, I consider that the Language of the Ninety-two Resolutions " from Lower Canada was not only insulting to the British Govcrimient but " traitorous. If this be true, it unavoidably follows that the Author of these " Resolutions is a Traitor ; and to create him a Judge was, in my humble " Oi)inion, to place on the British Bench a Man whose proper Situation was '■ the Dock. " I do not in the slip,htest Degree presume to offer these Observations as " Comj)laiiits against the Connnissioners, (your Lordship is aware how strongly I " have expressed my Sense of Lord Ciosford's high-minded Conduct towards " me,) or even as Suggestions worthy your Lordship's Consideration, but '* merely as a Confession that my Principles and Oj)inions differ completely " from Gentlemen luider whom I U'liere I should act, and with whom I am " sure it is highly desirable I should concur." I added, " There exist in the Commission of Inquiry Ojjinions openly pro- " mulgated, which many may term liberal, to which 1 caiuiot and never will " subscribe. But, far from wisiiiiig to o])pose tlioni, 1 only desire to offer to " your Lordship to yield to them the F'eld." 4. In my Des[)atch No. 87, dated 7lh November 1830, I stated as follows : — " I will now proceed to reply to the latter Paragraph of your Lordship's " Despatch No. 'J5, which states that ' a zealous and cordial Co-operation on " • my ON THE SUBJECT OF CANADA. 411 ' my Part in prosecution of the System of Policy thus solemnly announced, • is the Condition upon which tlie Administration of the Province can be • continued in my Hands.' " The above Observation of your Lordship is so unequivocal, that if it stood isolated I should receive it with respectful Silence ; but us it appears to be connected in a sliglit Degree with the Baronetiigc which your Lordship announces to me it is His Majesty's Intention to confer upon me, I feel the strongest possible Anxiety to explain myself most clearly on the Subject before the gracious Intention of His Majesty can possibly be carried into effect." No. S3. Sir F. B. Head to L.rd Glenclg, 10th Sept, 1837. 0, I stated as " If it were open to Argument I do yet bcHeve I could bring Conviction " to your Lordshii)'s Mind, that Lower Canada, having refused to serve any " longer under the British Constitution, has virtually absolved His Majesty " from any ])revio,us Offers of Accommodation He may graciously have made. " I look upon the Territorial Revenues of the Crown as our last Cable, that " when it goes we shall be on a Lee Shore, and at the next Tempest be driven " on the Hocks. As the Pilot in charge of your Vessel I warn your Lordship " of the Danger ; and if it be necessary that I should abandon my Opinion, " or the Reward which is intended for me, I have no Hesitation in at once " renouncing the latter, for every Hour of Reflection makes me cling firmer " and firmer to the former." I have now recapitulated to your Lordship a plain Stiitement of the Policy and Principles which have regulated my Proceedings ; and, without advocating any political Theory, I only refer to the practical Result of the conciliatory System which has been adopted in Lower Canada and of the M«conciliatory System which has been adopted in Upper Canada, and respectfully to say to your Lordship, — " Look on this Picture, and on that." As far as regards your Lordship's Approbation of my Services, I have every Reason to be grateful for the Terms in which it Las been expressed, and for the Distinction which His late Majesty has graciously conferred upon me. But I have now arrived at the Point of my Narrative in which I think it will appear what Sort of Reception my Principles and Policy have met witli from the Colonial Office. In my Despatch (No. 87.) to your Lordship, dated 7tli November 183G, I stated, *' Up to the Receipt of your Lordship's Despatch No. 95, I lia\c " suffered from the Treatment I have received from His Majesty's Govcrn- " ment i.iore Pain than it would be possible for me to describe. On the ' 29th February almost every Member in the House of Assembly, with a " Majority of the Legislative Council, recommended to your Lordship that an " Individual should be appointed to the important Station of Surveyor General " of this Province, in opposition to an Appointment which I luul made. In " resisting this Aggression I had no Interest but that of the public Service, *' and I undertook a heavy Responsibility in standing against a Recommendation " apparently so respectiiblc. " Your Lordshij) must have received this Communication about the End of " April ; and though my Arguments and Reasoning appeared to you satisfiictory, " and though eventually you apj)roved of my Conduct, yet it was not until the " 27thof September that I was relieved from the painful Belief which generally " existed here, that the Measure I had taken was discountenanced by His " Majesty's Government. " On the -Ith March I received from the Executive Council a Document " ferociously sui»ported by the House of Assembly, which linimediately trans- " mitted to your Lordship, with my Answer, which yoiu' Lordship was pleaseil " eventually to notice in the following Terms : — • P'rom the Construction thus " given to the Act of 179 1 I must altogether dissent, nor do I know that it " would be possible to refute it in Terms more complete and satisfactory than " those em[)loyed in your Answer of the 5th of March.' " The above Support, however, I did not receive from your Lordship until " tlie 27tli of September, during which Time I was engaged single-handed in " one of the severest moral Contests on Record in the Colonial Office. Your " Lordship's Silence was construed, not only by my Enemies but by every (4L) ii F 2 body, V ' y 1 'i ' -H2 DESPATCHES FROM SIR F. B. HEAD, Baht^ If: f , No. 5:5. J-ir r. B. Head to Lord Gleneljr, 10th Sept. 18S7. # " body, even by my own Executive Council, as the marked Disapprobation of ' His Majesty's Government, and it bore mc almost to the Ground. " By my own unassisted Exertions I received Addresses of Support from " about 28,000 Yeomen, Farmers, &c., all of which I forwarded to your Lord- " ship, but to which to this Day I have never received the slightest Acknow- " Icdgment from His Majesty's Govenmient addressed to those who thus " generously came forward to support me. " Whenever a Mail arrived I was asked witii the greatest Anxiety what " Remarks the British Government had made to these noble Addresses ? The " mortifying Answer I had to give was ' None.'' " Tiie Speech I delivered to the Legislature at the Close of the last Session •' has, in this Province as well as in the United States, been noticed in a Manner •' strongly supporting me as the Administrator of this Government. Upwards •' of 100,000 Copies of it have been distributed. " The greatest Curiosity naturally existed in this little Community to know '* what Notice His Majesty's Government had taken of this Speech. I had " again to reply, ' None.' " When I eventually gained a Victory, whicli I hope I do not over-rate when " i .ay that it has saved the Canadas, Weeks and Weeks elapsed without the " slightest Acknowledgment or even Mention of it by His Majesty's Govern- " ment ; the Effect of which corroborated the general Belief that I was acting " against the Policy of His Majesty's Government, and that i should eventually " be recalled. " During this Period of painful Suspense I was subjected to Expenses which " I had hardly sufficient private Means to defray ; my Family were in the " greatest Embarrassment and Anxiety. And though certain Points of my " Conduct were approved of by your Lordship, yet other minute Points were " visited with Observations I never expected to receive. For instance, I was " told that by having given to the Legislature the Whole instead of the Sub- " stance of my Instructions I had • disregarded the express Injunctions of the " King,' that I had 'avowed, in the most public Maimer, that in thus " divulging the .recise Terms of my Instructions 1 was acting in opposition to " His Majesty'^ Orders,' and that 1 had 'thereby contributed a little to " impugn the Respect due to the Royal Authority.' Again, in your Lord- " siiip's Despatch No. 73, in Spite of the Triumph I had gained, I was slightly " reproved for having accepted the Resignation of Messrs. Rolph, Baldwin, and " Dunn ; and your Lordship withheld your Approbation from what was stated " to be ' my Recommendation mat Air. Dunn should be removed from the " Office of Receiver General ;' whereas, if your Lordshij) will be so good as to " refer to my Despatch on the Subject, it will appear that I never recommended " that Gentleman's Removal, on the contrary, that I earnestly requested your " Lordshij) not to remove him until I found him associated (vide Proposal to " a])point Commissioners on the Part of Upper Canada to mee: Commissioners " on the Part of the Lower Province) with Mr. Papineau and Mr. Bidwell, " when I merely retracted the above Recommendation, leaving it entirely to " your Lonlship to deal with him as you might think proper. " My Lord, 1 could continue these Observations further, and I could show " your Lordship the mischievous political Effect they produced, in the Canadas " as well as in England, of causing every body to believe that I was dis- " countenanced by His Majesty's (joverntnent, to whose Interests, Honour, " and Policy I had never been fiiithless for a Moment. But I will say no •' more on the Subject; I dismiss it iiom my Mind and from my Memory. It being very desirable that I siioulu secure the Services of my presiding Councillor, the Hon. R. B. Sullivan, a Lawyer of considerable iMuinence, who, of course, could not devote to nie his whole Time for die Councillor's Salary of ife 100 a Year, I gave him an Appointment, which, as he immediately quitted his Profession, I retpiested iiiighl be coutirmed. A technical Objection was immediately raised in your Lordship's Office to this Recommendation, ami liiough I earnestly repeated it, yet i\Ir. Sullivan's Appointment has not, at the Expiration of Fourteen Months, even yet been confirmed. I have now to proceed to your Lordship's Despatch No. 200, dated Ittli July 1H37, in which I learn that Her Majesty's Attorney and Solicitor General of this Province, both of whom were lately appointed by rne, have not been conh'rmed by your Lordship. My presiding Councillor and both my Law OflScers ON THE SUBJECT OF CANADA. 413 Officers thus stand at this Moment before the Public in the equivocal Situation of having been countenanced by me and of having been discountenanced by the Colonial Office, the Moral of whicli evidently appears to the Public to be, that His Majesty's Government has no Confidence in the Lieutenant Governor of this Province. My Lord, I refer with Satisfaction to the Despatches I had the Honour to address to your Lordship on tiie Subject of the late Law Appointments, as my Conscience tells me that the difficult Duty I was there called upon to perform was executed with Caution, Reflection, and strict Lnpartiality. With respect to the Attorney General, whose Feelings at this Moment must be suffering severely from the Indignity which has so publicly been offered to him, I find from your Lordship's Despatch, that although it is admitted, that as the late Solicitor General of the Province, Mr. Hagerman, had a Claim not to be passed over on the Promotion of Attorney General Mr. .Jamieson to be Vice Chancel- lor (an Appointment which your Lordship has confirmed), although your Lord- ship acknowledges Mr. Hagerman's private and public Alerits, as also that as Solicitor General he has afforded me the utmost Support and Co-operation, in spite of all this, and I must respectfully add in spite of the Siiock which tlie marked Disapproval of the Colonial Minister gives to my Administration, yet Mr. Hagerman's Promotion has been publicly stopped, merely because, in some Resolutions passed by the Congregation of a single Church of a single Town in this Province, it was printed in the Newspapers, that in a religious Discussion in the House of Assembly he uttered an Opinion concerning the Rights of the Church of Scotland which was illegal. My Lord, the Story of Mr. Hagerman's Conduct on the great Subject of the Clergy Reserves was shortly as follows : When that Question was about to be brought before the Assembly I fore- saw it would give rise to a most angry Debate, which would probably end in notiiing. I therefore, although 1 had no precise Instructions on the Subject, deter- mined to use all the Influence in my Power to help the Question to a Conclu- sion ; and I accordingly determined to recommend that the Reserves should be divided among the Churches of England, Scotland, Rome, and Wesleyan Methodists, in the Proportions which the Population of those great Sects, rela- tively bear to each in the Mother Country. On submitting this abstract Proposition to Mr. Hagerman, he at once assented to the Church of England, the Church of Scotland, and the Methodists sharing the Reserves, but he avowed to me that unless strong Arguments were ad- duced he could . ~>t conscientiously be the Advocate of the Roman Church. The more I argued in favour of that Part of my Proposition the more did Mr. Hagerman urge his Objections to it ; and I can truly add, the more did I respect him for doing so. He firmly adhered to his Opinion ; but he concluded by observing, that though he could not promise to vote in fiivour of the Catho- lics, yet for my sake he would retire fiom opposing their Admission. I conceive that on a Question of Conscience Mr. Hagerman ought not to have done more than he did. However, after all, the Proposition never came to a Division. finding that Party Peeling was running so high that it was impossible for any Man breathing to guide it, I became of opinion that it would be prudent to abanilon the Contest, by placing the Reserves at the Disposal of His Majesty, or, in other M'ords, by re-uniting them in the Crown. This Proposition I cxj)lained to Mr. Hagerman, who brought it forward in liie House of Assembly, advocated it most ably, and failed in carrying it only by One Vote. The great Discussion having thus faileil, it was therefore abandoned in Despair bv all Parties ; but a Memorial was addressed to the House of Assembly by the Ministers, Elders, and Congregation of Lancaster in connexion with the Church of Scotland, complaining that " there appeared to have been an " organized System pursued by the different Provincial Administrations of " thwarting them in the Attainment of their just and legal Rights j" that the Endowment of the Fi*ly-seven Rectories was •' unjust, illegal, and unconstitu- "tional;" and "that your Memorialists complain especially of the Power " which the Act under which these Rectories have been established gives to " the Church of England of lording it over our Consciences, and exercising a (4.1.) '3V 3 " spiritual No ,5rj. «ir F. Jl Hiad Lord (JliMielf;. lOtli Srpt IM7 1 i I ( ■ i i I No. 53. Sir F. 15. Head to Lord Glenelg, lOth Sept. IS."??. *« 414 DESPATCHES FROM SIR F. B. HEAD, Bart., " spiritual Tyranny over us, to wliich, as conscientiously attached to the " Doctrine, Discipline, and Worship of the Presbyterian Church, we cannot " submit." It was impossible for any one acquainted with the religious Feelings which existed at tiuit Moment in the House of Assembly to read the Language of this Petition without foretelling that it would be productive of a violent re- ligious Debate, and accordingly as soon as the Subject was broaclied the Conflict began. Sometimes the Scotch got uppermost, sometimes the Eng- lish ; but what was ejaculated by either I believe no Man living can declare. However, it happened that Mr. Mackenzie's Newspaper came out the next Day, and as he is not only a Scotchman, but one of Mr. Hagerman's bitterest Ene- mies, your Lordship may easily conceive that Mr. Hagerman's Speech was purposely and mischievously made as offensive as possible to the Scotch. As I never do read the Debates, which I know to be inaccurately reported, I have not the most distimt Idea of what was published on this Subject, but I understand it was transferred from Mr. Mackenzie's Paper to others, and the Consequence was, that the Congregation of Saint Andrew's Church in the Town of Kingston, at an Evening Meeting, passed Ten Resolutions, Two of which censured the Solicitor General, Mr. Hagerman, for the incorrect State- ments and intemperate Language he had been declared to have uttered respecting the Church and Clergy of Scotland. I have now detxiiled to your Lordship Mr. Hagerman's Conduct as regards the great Question of the Clergy Reserves, and I cannot but feel most deeply the Treatment he has received. Mr. Hagerman's whole Life in this Province has been one of Loyalty to his Sovereign, and of devotional AttJichment to the Mother Country. In the Field, as well as on the Floor of the House of Assembly, he has done his Duty ; and while the Republican Majority was against hiir>,. Night after Night was he seen fearlessly standing as Solicitor General of the Province against Language which woidd have disheartened almost any M;m. On the Promotion of the Attorney General he naturally looked for Distinc- tion and Reward ; but it is sickening to the Heart to observe tliat all his Ser- vices have been forgotten, and that he has been publicly discountenanced by the Government he had joined, for no other Reason than because by some Channel or other, a Newspaper Account of a common religious Squab! i, was allowed to enter the Colonial Office. My Lord, the very Man, Mackenzie, who published the Statement to which I allude, is known to every one to be the Disseminator of Falsehoods of the grossest Description, and I have no Hesitation in saying that no Man's Character or Promotion is safe in this Province if Extracts from his Paper are to be received in tiie Colonial Office as Evidence of Guilt. But, even supjiosing that the Speeches of the Members of the House of Assembly were correctly reported, surely it cannot be desirable to estiihlish as a Precedent that every Word that in the Heat of Debate may be uttered by a ■ Member on the Floor of that House flics to the Colonial Office, to arise in Judgment against him if ever he be recommended for Reward. I respectfully submit, that your Lordship should look to the Lieutenant Governor, and not to the Editors of Provincial Newspapers, for the Fitness and Ciiaractcr of an Attorney General to the Crown. But in this particular Case of Mr. Hagerman a most singular Circumstance iias occurred. The Statement concerning the Rectories, submitted by your Lordship for Opinion to the Crown Officers of England, has completely over- looked Lord Batlun-st's Despatches of the 2d April 1818 and of the y-.'d July 1825, which contain the very Authority in question. The ]3ecision of the Crown Officers of England is consequently erroneous, and on referring to the Despatches in question your Lordship will at once perceive that wliat they declare to be " not valid or lawful " is in fact both one and the other. This Error may throw the whole of this Province into Commotion ; and I mention this Circumstance as ii strong Proof, that as Mistakes even in delibe- rately written Documents must occasionally occur, how hard it is to punish the Attorney General of Upper Canada for an illegal Opinion which is merely reported in u Newspaper to have escaj)cil him in the Anger of Debate, and which after all he denies to have uttered. I have ON THE SUBJECT OF CANADA. 415 I have already stated to your Lordship, that I have only official Acquain- tance with Mr. Hagerman, but I deeply feel for him, because I know him to have served faithfully, and it is my Duty to protect those who have honestly served the King's Government. Of the Honourable W. H. Draper, who is also another public Sufferer from this Newspaper Report, I have but little to say, as your Lordship has just had an Opportunity of judging for yourself how far the Description I have given to your Lordship of this Gentleman is correct. He has said not one Word to me on the Subject of his Appointment to be Solicitor General not having been confirmed, but I know that he must feel deeply mortified. As fiir as regards my Government, the Non-confirmation of my Law Officers shakes it to the Foundation. It encourages the Republicans ; it disheartens the Constitutionists. The Despatch in which your Lordship informs me of the Reasons which have arrested the Appointments of Attorney and Solicitor General of this Province concludes by your Lordship announcing to me the Desire r'^ His Majesty's Government that Mr, Marshall Spring liidwell, the Leader of the Republican Party of this Province, should, contrary to my Keconunendation, be raised to the Bench. My Lord, among the various difficult Duties which I am called upon to perform there is no one which requires cooler Judgment than the impartial Selection of Individuals for OHice. The Duty is "t ail Times invidious, but there is no Part of it more painful to my FL^elins.: than the bad Custom which exists of giving a Description of the various Individuals to His Majesty's Government ; and I have often almost determined to request, that so long as Confidence be reposed in me my Appointments may be confirmed on the Faith of my Recommendations. To describe behind his Back the Character of every Individual selected as well as rejected for Office, to point out the Qualifications of the one, and to record for ever the Failings of the other, is ar 'ccupation revolting to my Feelings ; for however violently a Man may havi. oj)posed the King's Govern- irent, to paint all his Faults, to delineate all his Weaknesses, and to make Accusations against him which I know he has no Power to contradict, is a Service which I think no Man of Honour should ever be called upon to perform. In the Case of Mr. Bidwell I drew his Character to your Lordsiiip with a light and I may say a feeling Hand. I wished to avoid saying more of him than was absolutely necessary to show your Lordships that 1 had sufficient Reason for not having selected him for Promotion. I accordingly acknow- ledged Mr. Bidwell's Ability and moral Character, but added, " yet anxious " as I am to give to Talent its due I cannot but feel that the Welfare and " Honour of this Province depend on His Majesty never promoting a disloyal " Man. I therefore consider that ])ublicly to elevate Mr. Bidwell to the " Bench would deprive me of the Respect and Confidence of the People of " this Province." 1 certainly considered tlr't the whole Tone of my Observations respecting Mr. Bidwell would have satisfied His Majesty's Government, that in not selecting him fi)r Promotion I had reluctantly performed a necessary Duty ; however, having fiiilod in my Expectations, 1 have now to detail to your Lord- ship Circumstances respecting this Gentleman which it is most jjiunful to me to record. Mr. Bidwell's Father, who was a prominent Member in Congress, was long distinguished in the United States for his Detestation of Great Britain. Afler liaviiig taken the Oath of Allegiance to the Republic, and of abjured Allegiance to tiie Crown of England, it became necessary for him, on account of Conduct which I need not relate, to absconil f'roui Justice, and being in consequence outlawed by the States, he became an Inhabitant of Upi)er Canada. On being called upon by Sir Gordon Drunnnond, during the Invasion of this Country by the Americans, to take the Oath of Allegiance to our Sovereign, he at first reiiised, claiming to be a natural-born British Subject ; but it benig resolutely required of him, he did so, protesting, however, to the Magistrate that the Oath was not binding, inasmuch as it had been com- pulsory ; and on being returned as a Member of the Provincial Parliament he t'il.) 3 F 4 was No. 5.1. Sir F. B. Head to Lord (ilenelg, 10th Sept. 1837. 'i s ' .'I f . : ' n i; 1 1 1 ; t 416 DESPATCHES FROM SIR F. B. HEAD, Baht., No. :,.i. .Sir I". U Head Co Lord (iloiielg, lOtli Sopt. 1837. <«. was expelled, and never re-elected. To the last Hour of his Life his Hatred to the iJritish Constitution was consistent and unchanj^ed. His Principles were inherited by his Son, whose Talents, as your Lordship perfectly well knows, have been unceasingly exerted in endeavouring, by sub- verting the Constitution, to dethrone our Sovereign from this Portion of Jiis Dominions. He has been the untired Advocate of Republican Government, and by his Ability and by his Eloquence he rose to become the Leader of the Republican Party, and eventually he became Speaker of the House of As- sembly. Whenever he had an Opportunity of expressing his Sentiments they were in favour of an Elective Legislative Council, — of au P^xecutive Council responsible to the Peoj)le ; and just as I was arriving in U|)per Canada he declared in the House of Assembly " that the King had insulted the Legis- " lature by appointing Commissioners to inquire into the Atliiirs of the " Province." In his Capacity of Speaker he delivered to me, to be transmitted to the King, one of the most insulting Addresses that ever has been ottered to the British Sovereign. It declared that I was " despotic," " tyraiuiical," " unjust," " deceitful ;" tliat my Conduct luul been " derogatory to the Honour of the King," — " ilenioraliziug to the Comunmity ;" and that 1 had treated the People of this Province as being " little better than u Country of Rotfues and Fools Not satisfied with this, Mr. Bidwell, on the last Night of the Session, pre- sented to the House of Assembly a traitorous Communication addressed to him from l>is Fellow Labourer and Colleague Mr. Speaker Papineau. This Letter imj)eached the King's Ministers, accused your Lordship of " Arro- " gance," termed the Royal Commissioners the King's *' deceitful Agents," and was altogether of a purely rebellious Character. On my dissolving the Parliament, and apj)ealing to the People of Upper Canada for Redress, they com])leteIy overturned the Republican Party in general, and Mr. Bidwell in particular. In vain he attempted to retain his Station, but he was driven by the People, not only from the Speakership, but from the House of Assembly itself; in fact he actually lost his Election. My Loni, the whole of the above Facts are known to your Lordship ; and yet, in the very same Despatch in which I learned that the Promotion o^' His Majesty's Attorney and Solicitor General has, after a whole Life of Loyalty and Devotion to our Sovereign, been arrested fioin a Newspaper Statement of an erroneous Opinion said to have been uttered in the Heat of a religious Debate, I am informed that, in opposition to my Recommendation to the contrary, it is the Wish of His Majesty's Govermnent that Mr. Bidwell should be raised to the Bench ! In my former Despatch on'this Subject I submitted to your Lordship, that " publicly to raise Mr. Bidwell to the Bench would dej)rive me of the Respect " and Confidence of the People of this Province, the Welfare and Honour of '* which " I added " depended on His Majesty never promoting a disloyal " Man." To these Principles and Opinions I respectfully but unalterably adhere, and nothing is therefore left for me but to declare to your Lordship with tl;e deepest Regret, that so long as I remain Lieutenant Governor of this Province I will never raise Mr. Bidwell to the Bench ; aiul I think it proper to confess to your Lordship, that I have at this Moment Two Appointments to make of King's Counsel, neither of which can I conscientiously bestow upon that Gentleman, who has not, as your Lordship seems to conceive, " at least for the present •• withdrawn himself i'vom political Strife," but who in a moral Conflict has been forcibly driven from the Field. Seeing that I have prevented him from becoming President of the Republican State of Upper Canada, he might now no Doubt be happy to become a Judge under the Monarchy. I know that he exj)rcsses his Regret at having written to your Lordship a Letter of Accusations against me, which when called upon by your Lordship's Desire to furnish me with a Copy of he deemed it prudent to decline, hut he has never yet publicly recanted his Principles or disavowed his Party, and his Name is at this Moment appearing uncontradicted in the Radical Newspapers of this Province as follows : '• Resolved, That reposing the greatest Confidence in our Fellow Citizens, •• John Rolph, M.P.P. ; Marshall S. Bidwell ; T. D. Morrison, M.P.P. ; James 13 "Lesslie; s Life his Hatred ON THE SUBJECT OF CANADA. 417 " Lesslie ; James Price ; Jolin Tims, and Robert, M'Kay, Esquires, we do " hereby nominate and appoint tliem Members of the Provincial Convention " for the City of Toronto. Carried unanimously and by Acclamation." I have now to reply to your Lordship's Despatch No. 1.^8., dated 5th of April 1H37» respecting Mr. (i. Kidout, which involves constitutional Principles of tlie same vital Importance as those which relate to Mr. Uidwell. Mr. Ridout's Case is shortly as follows: On the I'ith of July 1886 my Secretary addressed to Mr. Ridout a Letter, of which the following is a Copy :— "Sir, Oovcrnmentllousp, 12th July 1837. " I am commanded by the Lieutenant Governor to call your Attention to the enclosed printed Address, which has lately been widely circulated by and " on behalf of" a Society of which it appears you are an active Member. " The Lieutenimt Governor desires me to observe that the Language con- tained in that Address has hitherto remained uiuioticed by him, only from his Determination not to interfere with tliat jjublic Verdict which he felt confident the Conntry would clearly express ; but as the Elections are now over. His Excellency considers, that in order to maintain the happy Constitution of this Province inviolate it is absolutely necessary, in obedience to the King's Instructions, that no Person should be ])ermittcd to retain any Office of Trust or Confidence imder the British Government who attemjjts (however unsuc- cessfully) to insult 'le Lieutenant Governor of the Province by Language such as is contained in your Society's Address. His Excellency therefore deems it his painful Duty to direct me to inform you that His Majesty has no further Occasion for your Services as Judge of the Niagara Court and Justice of the Peace. " I have, &c. " George Ridout, Esquire, " J. Joseph." &c. &c. On the 12th of September 18.3G I transmitted to your Lordship a Memorial fiom this Cientleman, complaining that he had ex])erienced unjust Treatment from nic in having been dismissed from the Situations of Judge of the District Court of Niagara, of Justice of the Peace, and of Colonel of Militia. Conceiving that your Lordship had Confidence in my Character and Judgment, and having neither Time nor Inclination to detail the many Reasons which had induced me, after mature Deliberation, to determine on Judge Ridout's Dismissal, I deemed it sufficient merely to inform your Lordship, that " on the 27th March " last Mr. George Ridout, heading the Deputation, read that Address to me " from a public 'Meeting held attlie City Hall by Dr. O'Grady (Editor of the " Correspondent and Advocate) and others, which I forwarded to your Lord- " ship on the Gth April 1S3(), in my l)cs])atch No. 2t. " Shortly afterwards j\Ir. Ridout made a Declaration, which became the " Subject of general Conversation, that in the event of his being dismissed by " me from Office ^^ I .should deserve to be tarred and featkered, and that he would " lend a Hand to do so." " In one of the public Offices at Toronto he declared that we must or should " have " Wa.- to the Knife." " Mr. George Ridout was a frequent Attendant as well as Speaker at the " Constitutional Retl)rm Society, from which was widely circulated a printed " Address signed by Dr. Baldwin, of which the following is an Extract: " Jt is our Dutif soleiiuili/ to assure you, that the Conduct of Sir F. B. Head " has been alike a Disregard of Constitutio?ial Government and of Candour " and Truth in his IStateiiwufs." " Mr. Ridout declares that he is not a Member of this Society; yet from his " frequent Attendance and sjieaking at the Meetings of this Society, befbrrj as " well as after it had, for mere electioneering Piuposcs, changed its Name " (only a few Weeks ago) from the " Alliance" to the " Constitutional Reform " Society," I felt I had a Right to consider him as an active Member. " Previous, however, to declaring him to be such, I took the Precaution of " obtaining a legal Opinion on the Subject, which was, that Mr. G. Ridout " most decidedly did appear to be an active Member of the said Society. " It is perfectly true that old Mr. Ridout was a loyal, gentlemanlike, and " estimable Man ; and it was from a benevolent Desire to reclaim Mr. George (41.) 3 G •• Ridout ail No. 5:;. Sir F. B. JI to Lurd (ilciielg, 10th Sept. 1837 t 5 1 ! 'iii .1 418 DESPATCHES FROM SIR F. B. HEAD, Baiit., No. 53 Sirt.B. Hea.! to Lord (ilenelfr, lOthSept. 1837. It " Ridout his Son from Radical Principles that tlie Situations he held were " successively heaped upon liim by Sir Peregrine Maitland and by Sir John '* Colborne ; but tlie more he was favoured tiie more violent he became ; and " wlien as a Judge and Colonel of Militia he tidked about tarring and feather- '' ing the King's Representative, I considered that it was my Duty to inform " him that His Majesty had no farther Occasion for his Services. " I may add, that shortly after my Arrival here I myself took a great ,' -.] " of Trouble to endeavour to reclaim Mr. George Ridout, and kindly to per- " suade him of his Errors, but in vain." In reply to the above Communication, which contained an Outline of the Charges against Mr. Ridout, as well as of what he had alleged in his Defence, your Lordship was pleased to command me to replace Mr. Ridout in the various Employments from which he iiad been removed. It being utterly impossible for me to obey this Order and retain my Autho- rity in the Province, I immediately addressed to your Lordship a very long Despatch, No. 13., dated ()th of February 1837 (to which I particularly beg leave to refer), showing your Lordship that, far from having acted hastily, I had not dismissed Judge Kidout until I had consulted and received the ci, current Advice of the Attorney General of the Province as also of my Execu- tive Council. I also referred your Lordship to an extraordinary Document in my Favour transmitted by the House of Assembly, not only to your Lordship but to both Houses of the Imperial Parliament, of which the following is an Extract: " Few Governors of a Colony were ever placed in Circumstances of greater " Difficulty than those wiiich assailed Sir Francis Head within Three Months " of his assuming the Government of the Province ; and it is perhaps not too " much to say, that no Man could have met those Difficulties — iingenerouslj/ " and unreasonablj/ thrown in his Way — with more Temper, Firmness, anil •' Judgment than he did." My Despatch contained many other Documents, all supporting me in the Course I had adopted. However, after having maturely considered this Evi- dence, your Lordship was pleased again to reply, that "you felt it your Duty «< still to withhold your Approbation of the Measures adopted in Mr. Ridout's .. Case." It is useless for me to argue any longer with your Lordsliip or with Mr. Ridout on the Subject, Mr. Ridout resting his whole Defence uj)on Two Quibbles ; — 1st, That he was not a Member of the Constitutional Reform Society, which I have always admitted, having merely said that by constantly attending and speaking there he appeared to be a Member ; and, 2dly, That he opposed the Name of the Society being changed from the "Alliance Society" to the "Con- stitutional Reform Society ;" which latter Argument, as I have already-ex- plained to your Lordship, is the same as if a Clergyman, on being expelled by his Bishop for attending an irreligious Meeting, were to prove that he had opposed the Society becoming " deistical " because he had wished it to remain *' atheistical." I have no further Accusations to make against Mr. Ridout. I have nothing further to urge against what he has said in his Defence ; but having, as Lieu- tenant Governor, by the Advice of my Council, selected him for Punishment as the most intemperate of my Opponents, I feel it necessary, as in the Case of Mr. Bidwell, respectfully but explicitly to declare to your Lordship, that so long as I am deemed competent to be Lieutenant Governor of this Province I decline to have any further Communication with Mr. Ridout, and decline to restore him to the Stations from whicii I have removed him. My Lord, I have many Subjects similar to those which i have already intro- duced, but will trouble your Lordship with oidy One more, namely, your Lordship's Despatch dated Gth June 1837, i" which I am censured by your Lordship tor not having sent Mr. Dunn to England with my Despatches respecting the monetary Affairs of Upper Canada, instead of the Honourable W. H. Draper, a Member of my Executive Coimcil. Your Lordship is already aware that Mr. Dunn, as a Member of my late Executive Council, signed that hostile Document which involved me in one of ill im u ON THE SUBJECT OF CANADA. 419 of the greatest Strufjgles recorded in the Colonial Office, and that he was No 5.i. subsequently appointed by the late House of Assembly as an Associate with ^" ^- ^- ^*^'"* Mr. Bidwell and others to meet Mr. Papineau and otherd on the Part of Lower l^^j oienelg. Canada. lOth Sept. 1837. I have never complained to your Lordship of Mr. Dunn, or have ever shown iiim any Feeling of Hostility ; but to have selected him out of he whole Province as a Messenger to your Lordship, in preference to the confidential Members of my own Council, would h ve been an Act of Inconsistency which would have deprived me of the Confidence of tliis Country. It was with Regret I observed, that after I had sent from Upper Canada to your Lordship Mr. Draper as a Member of my Government possessing my ConfidKi.ce, that Gentleman should have been allowed to return without being the Bearer to me of a single Line from your Lordship on t^"^; Subject of his esjiecial Mission, or on anjr other Subject, and yet thatDespau, i in which Mr. Draper himseif was particularly concerned and even named were given to a Military Officer who was a Passenger in the very same Packet with Mr. Draper. It is perfectly well known in your Lordship's Office, that in a Colony very considerable Importance is assumed by any one who has the Honour to be the Bearer of your Lordship's Despatches to the Lieutenant Governor, and I need not say that these Despatches having been withheld from my Executive Councillor and given to another form one of the Proceedings of the Colonial Office which to the People of this Province appears as if it were intended purposely to discountenance my Administration. My Lord, I have now finished my Statement, and although I am sensible it may ofl'cnd your Lordship, yet I have the Consolation of reflecting that I have acted on the defensive solely for the Benefit of this noble Province. I have no Complaints whatever to make against your Lordship, whose Intentions I am perfectly confident are pure and just; but it is impossible for me to observe the Support whicii, not only in this Province but elsewhere, is invariably given to the Republican Party, and the Discouragement which is shown to the Supporters of the British Constitution, without becoming of opinion that in the Colonial Office an invisible Republican Influence exists, under which Governor after Governor has succumbed. It may be said, that no one of the Statements I have made, taken separately, supports so serious an Accusation, and freely I admit it ; but I ask your Lordship to consider whether the innumerable official Obstructions which have been found in my Path could all possibly have come there by Chance. Whatever may be the Opinion of His Majesty's Government on this Subject, [ do declare to your Lordship that I join the loyal British Population of the Canadas ' in believing that such Obstructions have been intentional, and that any Governor who acts as I have done, although he may receive Honours from his Sovereign and Thanks from the Colonial Minister, will experience, as I have (lone, an intangible Power, whicii, though it never looks him in the Face, will unequivocally decree— " I will drain liim dry as Hay : " Sleep shall, neither Night nor Day, " Hnng upon his Pent-house lid ; " He shall live a Man forbid ; " Weary Seven Nights, Nine times Nine, " Shall he dwindle, peak, and pine." My Lord, I can truly say tiiat my Spirits as well as my Strength are worn out by the minute Vexations I have met with ; and among them there is nothing that I feel more deeply tlian the Mortification which those who have faithfully served the King's Government arc now feeling at the public Non- confirmation of their Appointments. I am not writing under the Influence of Temper ; but my Judgment warns me that it is impossible for any Government on Earth to be carried on without the Maintenance of a firm and consistent Sy.stem of Rewards and Punishments, and that if the Colonial Office reward those I punish, and punish those whom I reward, my Authority here as well as niy Character must be ruined. I have not been hasty either in my Opinions (4-1.) 3 G 2 or A '. i i m (I If - <>. M ! 11 • 1 1 ? ii No. 5,5. Sir F. B. Head to Lord Glenelgi 10th Sept. 18.S7. 40. flM' 420 DESPATCHES FROM SIR F. B. HEAD, Ba«t., or in my Measures, for from tlie Moment of my Arrival to tiie present Day my Despatches have invariably exjjrcssed to your Lordship Sentiments such as arc contained in tiie following Extract, which was addressed to your Lordsliip Seventeen Months ago : — " It is out of my Power to describe to your Lordship, without the Appearance " of Exaggeration, the Joy and Gladness expressed to me by nil Parties at the " constitutional Resistance I have made. But I will not conceal from your " Lordship that there is One Question at this Moment in almost every body's " Mouth, namely, " JVi/l the Lieutenant Governor be .supported b}f the Home " Government?" «' He nfakr will !" say the lladicals. " We feak he will " NOT !" say the Constitutionists. " Your Lordship has to settle this Question, and, in my humble Opinion, upon " your Decision rests our Possession of the Canudas." With the deepest Regret I have at last been driven deliberately to refuse to carry into effect your Lordship's Instructions ; and having done so, and having avowed Opinions hostile to the Colonial Policy, but which I can assure your Lordship are accompanied with no angry Feeling towards any Man, I feel it to be a Duty which I owe to your Lordship as well as to myself, respectfully to request that your Lordsliip will be pleased immediately to tender to His Majesty my Resignation of the Station which I have the Honour to hold. My Lord, I belong to no political Party in England, and even if I did the British Distinction between Whig and Tory, like our London Fog, does not cross the Atlantic. The Two Parties here are Constitutionists on the one Side, and Democrats on the other. The Dispute on this Continent is, not as it is in England, which of Two Parties shall obtain the Honour of conducting the Government of their Sovereign, but here the great Mass of Society is striving to secure to their Children tlie Blessings of the British Constitution, which a small Party, from self-interested Motives, is endeavouring to pull down. I have with Attention personally observed the Effects of Democracy in both Continents of America ; and having Reason to feel deeply attached to the People of Upper Canada, I have determined for their Welfare to do all in my humble Power to ar-'cst a Course of Policy which in my Opinion has long tended to the Subversion on this Continent of British Institutions. No one can read an Account of the early Stages of the American Revolution without being struck with the Resemblance of much that we now witness to that unfortunate Period of our History. It was then a capital Error in the Government of the Mother Country that they seemed to believe the Americans to be sincerely contending for the single Object of Freedom from Taxation by the British Parliament, and they imagined that by renouncing that Power, and by disabling themselves (by 1 8 Geo. 3.) from receiving Money in the Colonies, even for the necessary Support of the Government, they would overcome all Difficulties ; but it was soon evident that the Outcry raised about Taxation was but the Means to another End ; Separation from the Mother Country was iiom the first the self-interested Object of the few ruling Demagogues who gave the Impulse, and they persevered just as reso- lutely after their ostensible Ground of Difference had been removed as before ; the Government soon learned that their Measure of Conciliation availed them nothing. So here, in our own Time, the Government has gone back Step by Step for Years, giving Ground before the Pretensions of JNIr. Papineau and the Assembly, however insolently advanced, weakening by each Concession the Confidence of the King's loyal and attached Subjects, and encouraging as well as strengthening an unprincipled Faction, avowedly hostile to British Rule ; no Approach to an amicable Adjustment has followed any or all of these Concessions ; on the con- trary, they have been so many unjjrofitable Sacrifices of Principles and Usages necessary to the Maintenance of good Government, and at the last an End is arrived at, when the King's Ministers are reduced to choose between an unequi- vocal and direct Violation of the Colonial Constitution, or an Abandonment of the Power of governing. ■ ■■ A firm I' I ON THE SUBJECT OF CANADA. Ml present Day my cuts such as are I your Lordsliip ; the Appearance ill Parties at the nceal from your lost every body's ted lijj tlie Hume ^E FEAU HE WILL le Opinion, upon itely to refuse to le so, and having can assure your iiy Man, I feel it yself, respectfully ly to tender to the Honour to even if I did the )n Fog, does not s on the one Side, it is, not as it is )f conducting the Society is striving stitution, wiiich a pull down. emocracy in both attached to the re to do all in my Jpinion has long ions. crican Revolution e now witness to ther Country that ling for the single [nd they imagined 18 Geo. 3.) from Support of the soon evident that • End -, Separation [object of the few l-cred just as reso- Imovetl as before ; tion availed them Step by Step for Ind the Assembly, he Confidence of as strengthening lo Approach to an Ions ; on the con- Iciples and Usages iC last an End is ;twecn an unequi- Abandonment of A firm A firm Determination early evinced to yield nothing to Clamour, to surrender nothing for the mere sake of Conciliation, would have secured to the Govern- ment the Respect of all Classes, and would have averted the Necessity of resorting to Measures which admit, in Principle, of no Defence. No. 54. (No. 100.) Copy of a Despatch from Sir F. B. Head, Bart., k.c.ii., to Lord Glenelg. Government House, Toronto, Upper Canada, My Lord, llth SL'ptember 1837. I HAVE the Honour to forward to your Lordsliip a Copy of a Letter from the Attorney General in reply to a Letter addressed to tliat Officer by my private Secretary, transmitting an Extract from your Lordship's Despatch of the 14th of July last, No. 200. I have, &:c. The Right Hon. the Lord Glenelg, F. B. Head. &c. &c. &c. Enclosure in No. 51. Sir, Toronto, 7th September 1837. I have the Honour to acknowledge the Receipt of your Letter of this Day's Date, enclosing me an Extract from a Despatch addressed by the Right Honourable Lord Glenelg, Her Majesty's Secretiiry of State for the Colonies, to Hi Excellency the Lieutenant Governor, transmitting Co])ies of certain Resolutions adopted at a Meeting of ^lembers of the Church of Scotland in Kingston, in wliich Opinions are ascribed to me as having been expressed in my Place as a Member of the Provincial Legislature during the last Winter's Session relative to the Claims of the Church of Scotland to a Participation in the Clergy Reserves in this Province under the Act of the Imperial Parlia- ment of 1791* and which his Lordship states ,videly differ from the View taken of the Subject by Her Majesty's Government, supported by the Opinions of tile Law Officers of the Crown, in 1819 j and in which I am further informed, that his Lordship suspends his Opinion as to the Propriety of my Advance- ment to the Office of Attorney General until I shall have had an Opportunity of offering any Explanations which I may desire to give with reference to the Subject. With reference to the Matter contained in the Resolutions alluded to, it will, 1 trust, be considered sufficient for me to say, that they are founded on an unauthorized Report of a Debate in the House of Assembly, which appeared in a Newspaper published in this City, which Report is known to be most incorrect, and to have been published in an exaggerate I and extremely offensive Form, for the express Purpose of creating unplcasaUu Feelings among a par- ticular Class of Persons. With respect to myself, it imputes Language to me I never used, and Sentiments and Opinions I utterly repudiate. In addition to this distinct Denial I can only broadly and plainly declare, that, so far from having placed myself in opposition to the Views entertained by Government on the Subject of the Clergy Reserves, (and which Views I believe I have always fully understood,) 1 have done every thing in my Power to advance them, and give them full Effect ; and this I shall continue to do, whether I am in Office or not, from a full Conviction that by doing so I shall best consult the Interests, Peace, aiid Welfare of my native Country, and preserve and strengthen the Attachment of its Inhabitants to the Parent State. I have, &c. John .Joseph, Esq. (Signed) C. A. Hagerman. &c. iic. &c. No. S3. Sir F. B. Head tu Lord Glenelg, lOih Sept. 1837. 1 I i : i 1 i No. .')'l. Sir I-'. B. Head to Lord Glenelu, 11 ill Sept. I«3r. i Enclosure. (41.) 3G3 m I No. 55. Sir F. B. Head to Lord Cileneli;, i:.lh Sept. IS3?. 422 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 55. (No. 101.') Copy of a Despatch from Sir F. B. Head, Bart., k.c.ii., to Lord Glenelg. My Lord, Upper Canada, Toronto, 15th September 1837. I HAVE the Honour to transmit to your Lordship the Copy of a Second Letter (dated the 12th Instant), which has been addressed to my Secretary by the Attorney General, on the Subject of that Part of your Lordship's Despatch (No. yOO., l6th July last,) which your Lordship directed should be communi- cated to that Officer. With respect to the Appeal made in the last Paragraph to my personal Knowledge of Mr. Ha^erman's official Conduct during my Administration of the Government, I beg to refer your Lordship to my Despatch, No. 99., of the 1 0th Instant. I have, &c. The Right Hon. the Lord Glenelg, F. B. Head. &c. &c. &c. Enclosure. *«. Enclosure in No. 55. (Copy.) Sir, Toronto, 12th September 1837. The deep Mortification which it is reasonable to suppose I experience at the Delay that has occurred in confirming my Appointment to the Situation His Excellency the Lieutenant Governor has been pleased to confer on me, and the Reasons assigned by the Right Honourable the Secretary of State for the Colonies for that Delay, induces me to address this Letter to you in addition to the one I had the Honour to transmit on the 7th Instant, containing a particular Reference to the Extract from Lord Glenelg*s Despatch of the 14th July last which his Lordship desired should be sent to me for any Observations I might have to make upon it ; and I trust His Excellency will do me the Favour of transmitting a Copy of this Communication, as well as of my former one, to the Secretary of State. I have for the last Twenty-five Years filled different public Offices in this Province, all of them of Trust and Confidence, and for Half that Period I have been employed in Situations that have brought me under the immediate Notice of and in constant personal Communication with the different distinguished Individuals who have been selected by successive Sovereigns to fill the important Office of Governor of the Province ; and I have the Gratification ot being able to say, that, so far from having given Dissatisfaction to any one of these Officers, they have each of them considered me worthy their Protection, and manifested a Desire for my professional Advancement ; and I may venture to add, that no Office that has at any Time been conferred upon me has given Dis.satisfaction to my Fellow Subjects or to the great Body of the People of any Creed or Party. It is true tiiat during the Time referred to I have sometimes experienced Inconvenience and Mortification from the Misrepresentations of those whose Measures and Policy I was bound as a Subject and Servant of the Crown to oppose, but on these Occasions Justice was eventually done me, as I have no Doubt will be done me now. For the Purpose, however, of more clearly proving, by Evidence that admits of no Dispute, the Principles by which I have been guided as well in my Situa- tion of one of the Law Officers of the C'own as that of a Representative of the People, I beg to transmit Extracts from the Journals of the Assembly, by which it will be best seen whether have been desirous of retarding or of advancing the Policy of Her Majesty's Government with respect to the Affairs of this important Colony. The Extract No. 1. is the Copy of a Resolution moved by me during the last Session of the late House of Assembly, and has reference not only to the Instructions of which His Excellency was the Bearer to this Country, but also to a Despatch sent out by Lord Ripon (then Lord Goderich) when Secretary of State for the Colonies. This Resolution I moved for various Reasons : First, to induce, if possible, the House of Assembly to declare their Confi- dence Lord Glenelg. ON THE SUBJECT OF CANADA. 433 ilence in the Justice and Impartiality of His then Majesty's Government ; Serondlij, to remove Doubts, if any existed, as to my Sincerity and that of my Friends to act in concert with and give an earnest Support to the Measures and Pohcy of Government ; and TUirdlij, to give an Opportunity the most pubHc and ample to such of my Opponents as were then present to sustain any Charge showing that the Rcsohjtion tinis proposed was inconsistent with my Conduct on any former Occasion. It was the only Opportunity that had been afforded me of meeting this Question before the Public, and where the Truth was best known and most easily proved, and I availed myself of it, knowing that I was in the Presence of my Opponents, and tliat they commanded a large Majority of the Members of the Ilouse. 'I'he Resolution was negatived, and the Yeas and Nays will show who resisted and who supported a Proposition which, if my Measures had been adverse to Government, must have led, and at my own Instance, to my immediate Dismissal from Office. The Extracts Nos. 2., 3., and i., present the best Evidence I can give of my sincere Desire to bring to a safe and amicable Settlement the perplexing Question of the Clergy Reserves, and my Readiness to confide the Subject uncondilionnllif to the Decision of Government. With respect to what occurred in Debate on different Occasions, I can only say, in addition to the Declaration contained in my Letter of the 7th Instant, that I have always endeavoured, and I think successfully, to confine myself to a Defence of Rights that have never been disputed, without attacking the Claims of other Parties, I could say much more in vindication of my Conduct in this Particular, but I deem it unnecessary, and forbear. The Members of the House of Assembly who arc Adherents of the Church of Scotland, have never charged me with Want of Generosity towards them. In conclusion, I beg respectfully to o! crve, that although His Excellency the Lieutenant Governor has not been in this Province for a very long Period of Time, Events have occurred during his Government of as much political Importance as any that ever took place in the Colony, and in which it became my Duty (at Times a thankless and unpleasant one) to take a somewhat prominent Part. My Intercourse with His Excellency has been of a purely official Character, but he has had Opj)ortunities of judging how far my humble Endeavours have tended to preserve the just and constitutional Authority of the Crown, and to bring about that State of Contentment and Peace which may be said now universally to prevail ; and His Excellency has moreover had ample Means of learning my past History as a Subject and Servant of my Sovereign. I am sensible that he will do me Justice, and I ask no more. I have, &c. (Signed) C. A. Hagehman. ■ No. 55. ir P. B. Head to jord (ileneig, Encludiire. i Extracts from the Journals of the House of Assembly of Upper Canada. Sif' Extract No. 1. Second Session, Twelfth Parliament. 5th February 183G. Mr. Solicitor General, seconded by Mr. M'Kay, moves, in Amendment, that the Address be not now adopted, but that it be — Resolved, That this House receives with Gratitude and Cordiality the renewed Proof of His Majesty's paternal Solicitude for the Welfare of His loyal Subjects in this Province, evinced in the Despatch of the Right Honourable the Secretary of State for the Colonies of the 5th December last ; and that this House, actuated by an earnest Wish to co-operate with His Majesty in His gracious Desire to increase the Prosperity of this interesting and valuable Portion of His Dominions, will exert itself to advance and maintain the Principles of Government set forth in the Despatch referred to, as also in that of the Right Honourable the Earl of Ripon of the 8th November 1832, addressed to His Excellency Sir John Colborne ; and that, fully impressed with the Conviction that an undeviating Adherence to the Spirit and Principles of those Despatches in the Administration of the public Affairs of this Province will be viewed with Satisfaction by all Classes of His Majesty's Subjects in the Colony, and (41.) 3 G 4 have ;;! \ 'U u ii No. 55. Sir F. B. Head to Lord Glenelg, l.'>th Sept. IS-'S". Liiclosure. 424 DESPATCHES FROM SIR F. B. HEAD, Bart, have the Effect of strengthening the Attachment now universally felt by them for His Royal Person and Government, this House earnestly hopes that His Majesty will forthwith banish from His Counsels all such Persons as sliall attempt, by any Means whatever, to counteract the beneficent and gracious Instructions laid down for the Guidance of His public Servants in this Province : On which the Yeas and Nays were taken as follows : — Yeas. — Messrs. Boulton, Caldwell, Cornwall, Dunlop, Lewis, M'Donnell of Northumberland, M«Kay, M'Lean, Robin- son, Rykert, Solicitor General, Strange, and Wilkinson - . 13, Nays. — Messrs Alway, Bruce, Chesser, Chisholm, Cook, Dun- combe of Norfolk, Durand, Gibson, Gilchrist, Hopkins, Lount, M'Donnell of Stormant, M'Intosh, Mackenzie, M'iMickinrt, Moore, Morrison, Perry, Parke, Roblin, Rymal, Sliavcr, Small, Thorburn, Walsh, Waters, Wells, Wilson, Wooh erton, and Yager - - - 30. The Question of Amendment was decided in the Negative by a Majority ot Seventeen. On the original Question the Yeas and Nays being taken were as follows :— Yeas. — Messrs. Alway, Bruce, Chesser, Chisholm, Cook, Dun- combc n Norfolk, Durand, Gibson, Gilchrist, Hopkins, Lount, M'Donell of Stormant, M'Intosh, Mackenzie, M'Micking, Moore, Morrison, Parke, Perry, Roblin, Rymal, Shaver, Shibley, Small, Thorburn, Waters, Wells, Wilson, W^oolverton, and Yager - - - - - 30. Nays. — Messrs. Boulton, Caldwell, Cornwall, Dunlop, Lewis, M'Donell of Northumberland, M'Kay, M'Lean, Mallock, Richardson, Robinson, Rykert, Strange, Walsh, and Wilkin- son .... . - - 15. The Question was carried in the Affirmative by a Majority of Fifteen ; and the Address was read a Third Time. •« Extract No. 2. 22d February 183G. Mr. Solicitor General, seconded by Mr. M'Lean, moves that the Report be not now received, but that it be — Resolved, That whereas the Right Hon. the Secretary of State for the Colonics having, in his Despatch of the 5th December last, addressed to His Excellency Sir Francis Bond Head, intimated that His Majesty would consider tiie constitutional Objections to the Interposition of the Imperial Government in the long agitated Question of the Clergy Reserves at an end if both Branches of the Legislature should unite in Application to that Body, to interpose its paramount Autiiority : And whereas all Efforts heretofore made by tlui Legislative Council and House of Assembly to concur in a Measure acceptable to both on this important Subject have been ineffectual, and as there is no reason to suppose that the Differences that exist between the Council and Assembly will be reconciled, it is therefore expedient to pray for the Mediii- tion of our Gracious Sovereign, and dutifully to express our Desire tliat He will be pleased to recommend to the Imperial Parliament to take tiie Matter into its Consideration, and to enact such Laws with respect to the future Aj)proprialion and Management of the Clergy Reserves as shall in its Wisdom l)e thoiiglit most conducive to the Peace and Welfiire, Moral and Religious Instruction, of the People of this Province. On which tiie Yeas and Nays being taken were as follows : — Yeas. — Messrs. Boulton, M'Lean, Robinson, and Solicitor General - 4. Nays. — Messrs. Bruce, Chesser, Chisholm, Cook, Duncombe of , Oxford, Duncombe of Norfolk, Durand, Dunlop, Gibson, Bart, jrsally felt by them itly hopes that His ;h Persons as shall (icent and gracious c Servants in this op, Lewis, an, Robin- nson - - 13. ;!;ook, Dun- :, Hopkins, Mackenzie, ;, Roblin, ers. Wells, 30. ve by a Majority of 1 were as follows : — Dook, Dun- t, Hopkins, Mackenzie, lin, Rymal, Us, Wilson, lop, Lewis, n, Mallock, and Wilkin- 30. 15. of Fifteen ; and the 'es that the Report ry of State for the addressed to His esty would consider ipcrial Government at an end if hoth to that Body, to rts heretofore made ncur in a Measure iectual, and as there etween the Council pray for the Mcdiu- our Desire that He to take the Matter ;pcct to the future shall in its Wisdom doral and Religious itor General uncombe of op, Gibson, ON THE SUBJECT OF CANADA. 425 . ^ Gilchrist, Hopkins, Lount, M'Donell of Glengarry, M'Donell of Storinont, M'Intosh, Mackenzie, M'Micking, Malloch, Moore, Morrison, Norton, Parke, Perry, Roblin, Rykert, Rymal, Shaver, Shibley, Smith, Thorburn, Walsh, Waters, Wilson, Woolverton, and Yager - - - - - - 35. The Question was decided in the Negative by a Majority of Thirty-one, and the Report was received. Extract No. 3. First Session, Thirteenth Parliament. 16th December 1836. Pursuant to the Order of the Day, the House was again put into Committee on the Bill for the Sale of the Clergy Reserves. Mr. Aikman in the Chair. The House resumed. The Chairman reported. That the Committee had agreed to a Resolution, which he was directed to submit for the Adoption of the House. The Report was received. The Resolution was then read as follows : — ♦ Resolved, That it is desirable that the Lands commonly called " The Clergy Reserves," and the Proceeds arising from the Sale thereof, be appro- priated for the Promotion of the Religious and Moral Instruction of the People throughout this Province. In Amendment, Mr. Rolph, seconded by Mr. Norton, moves that all be struck out after the Word " Resolved," and the following inserted : " That it is expedient to provide for the Sale of the Clergy Reserves, and the Applica- tion of the Proceeds to the Purposes of general Education, as one of the most lesitiTnate Ways of giving free Scope to the Progress of Religious Truth in tlie Community." On which the Yeas and Nays were taken as follows :■ — Yeas. — Messrs. Alway, Armstrong, Bockers, Cameron, Chisholm of Glengarry, Cook, Detlor, Duncombe of Norfolk, Gibson, M'Donell of Stormont, M'Intosh, Merritt, Moore, Morrison, Norton, Parke, Rolph, Rykert, Shaver, Thomson, Thorburn, and Woodruff' 22. Nays. — Messrs. Aikman, Boulton, Burwell, Cartwright, Chisholm of Halton, Cornwall, Draper, Dunlop, Elliott, Ferrie, Gowan, Hotham, Jarvis, Jones, Keames, Lewis, Macnab, Malloch, Manahan, Marks, M'Crae, M'Donell of Glengarry, M'Donell of Northumberland, M'Kay, Murrey, Powell, Prince, Rich- ardson, Robinson, Ruttan, Shade, Sherwood, Solicitor General, and Wickens .... . . . . . 34. The Question of Amendment was decided in the Negative by a Majority of Twelve. On the original Resolution the Yeas and Nays were taken as follows : — Yeas. — Messrs. Aikman, Armstrong, Boulton, Burwell, Cartwright, Chisholm of Halton, Cornwall, Draper, Dunlop, Elliott, Ferrie, Gowan, Hotham, Jarvis, Jones, Kcurnes, Lewis, Macnab, Malloch, Manahan, Marks, M'Crae, M'Donell of Glengarry, M'Donell of Northumberland, M'Kay, Murrey, Powell, Prince, Richardson, Robinson, RutUin, Shade, Sher- wood, Solicitor General, and Wickens - - - - 35. Nays. — Messrs. Alway, Bockers, Cameron, Chisholm of Glengarry, Cook, Detlor, Duncombe of Norfolk, Gibson, M'Donell of Stormont, M'Intosh, Merritt, Moore, Morrison, Norton, Parke, Rolph, Rykert, Shaver, Thomson, Thorburn, and Woodruff - . . . . . n * Tlie Resolution wuo aipved in Committee of the whole by the Solicitor General Mr. Haecrnmn. Juuiei I'ilzgibbon, Clerk of Assembly. (tl.) an . The a No. .5.5. Sir F. ». Ueafl to Lord (ilenclif, 15th Sept. I8;i/. Eni'losiire. H'l' n 'I' ■ h hi 1 i; ! I r. Ki im iliriM 115 iif i! i No. 55. Sir F. B. He.ul to Lord GleneL', lolh Sept. 1837. Enclosure No. 3. 420 DESPATCHES FROM SIR F. B. HEAD, Bart., Tlip. Question was carried in the Aflirniative by a Majority of Fourteen, and it was llesolvcd, That it is desirable tliat the Lands commonly called " The Clergy Reserves," and the Proceeds arising from the Sales thereof, be appropriated lor the Promotion of the Religious and Moral Instruction of the People throughout this Province. On Motion of Mr. Jones, seconded by Mr. Robinson, Ordered, That the Resolution of this House be communicated to tlie Honour- able the Legislative Council, and their Concurrence requested. Till' rnrpnvt of this UiU was the iiiu'on- r|r. IK i7. No. 56. (No, 10(J.) Copy of a Dkspatcu from Sir F. B. Hkad, Bart., k.cii., to Lord Gi.enelc. My Lord, Tnromo, 'J'.'d Sc'>toriilirr l,S.!7. Ri.iKiiuiNC/ to my Despatch No. !)f), dated 10th instant, in which 1 slated, " that Mr. liidwell's Name is at this Moment appearing uncontradicted in the " Radical Newspapers of .iiis Province as a Member for the Provincial Con- " vention for the City of Toronto," I have the Honour to enclose to your Lordship an Extract from a Newspaper published this Day (Sei)tcml)er'-2'id), in which it appears that Mr. Marshall S|)riiig l^idwell (who if he has not heard directly fi'om your Loidslii)) on the Subject has by some means or 4)tiier beconn' ])erfectly well acquainted with the Desire of Her Majesty's Cioverument that he should be raised to the iJeiifh) has just published a Letter, which I observe b aniedated to the 3d of August, in which, in guarded Terni'^. he declines aetiii.ir as Delegate to the Provincial Conveiilion. Nearly Seven Weeks have elapsed since Mr. Bidwell's Name was published in the He[)ublioan Ne\vsj)ap(r as one of the revolutionary Delegates of Toronto. jj • Mis of Fourteen, and led " The Clergy ! appropriated for 'cople throughout ed to the Honour- ^cave to bring in u and that tiie Slst same. res the Addition of same be postponoil hishohn of ■ Norfolk, M'Intosh, Thomson, r, Elliott, I, Mark.-;, imbcrland, licitor (ic- 21. -e by a Majority of icd, as follows : — g in a Bill for the le 31st Unle of this Kit the Considora- OiN THE SUBJECT OF CANADA. 427 His early Attention was called to it by one of the Crown Officers, who pri- vately asked him why he allowed such a Document to stand uncontradicted ? No Notice however was taken of this Suggestion until tiie Desire of Her Majesty's Government to raise Mr. Bidwell to the 13encli reached Toronto, when, as I have stated to your Lordship, a Letter suddenly appears from Mr. Bidwell, antedated to the 3d of August, declining the revolutionary Appointment which iiad been conferred upon him. I respectfully beg your Lordship to compare the above Facts with the fol- lowing Extract of my Despatch to your Lordship No. 99, to which I have already referred. " Secn)g that I have prevented him (Mr. Bidwell) from becoming President " of the Republican State of Upper Canada, he might now no Doubt be happy " to become a Judge under the Monarchy." To the Determination expressed to your Lordship on this Subject in my Despatch No. 99- I continue respectfully but unalterably to adhere. I have, &c. (Signed) F. B. Head. Enclosure referred to in No. 5G. To the Editor of the Constitution. Sir, Toronto, 3(1 August 1837. Having learned from a Notice in Yesterday's Paper, that I was chosen at the Meeting at Mr. Doel's on IMonday Evening, as a 13elegate to a Provincial Convention, I think it right without Delay to inform you, as the Corresponding Secretary named at the same Meeting, that I must beg to be excused from undertaking the Duties of this Appointment. While I feel grateful for the Con- fidence expressed by the Meeting in me, in common with other Gentlemen elected as Delegates, I cannot but regret that my Name should have been u.sed without my Consent or previous Knowledge, by which I have been driven to the dis- agreeable Necessity of thus publicly declining an Appointment which I have no Doubt was made with kind and friendly Feelings towards me. I have, &c. Marshall S. Bidwell. W. L. M'Kenzie, Esq., Corresponding Secretary, &c. &c. No. 5G. Sir f . B. Head to Lord Glenelu, 22d Sept. 1837. Enclosure. '? *; '»', No. 57. \ssembly. o Lord Glenelc. _'J(1 Sc'>ieml)i'r 18.'i7. in wliich I stated, icontradictcd in the ;he Provincial Con- to enclose to your September '-2id), in lie has not lieanl nis or otiior become ioverunient that he which I ob.serve is he declines acting me was published in >le"-iites of Toronto. " , His (108.) Copy of a Despatch from Sir F. B. Hfad, Bart., k.c.ii., to Lord Glenelg. My Lord, Toronto; 271 h September 183/. I HAVE the Honour to transmit to your Lordship a Co])y of a Letter which I directed my Secretary to address to Mr. John Rolph, in coi;sequence of the Instructions conveyed to me in your Lordship's Despatch No. 184, dated 2Jth May last. Mr. John Rolph has not (as your Lordship probably anticipated) deemed it ])nulent to put me in jjossossiou of a Copy of the Reasons he has given to yoin- Lordship why His late Majesty shoultl reconsider the Circmnstanccs whicli led to the Retirement of my late i^xecutive ('ouncil ; I have therefore no Observa- tions to oiler on a Subject respecting which the House of Assembly as well as the public Voice of this Province have concurred in a Verdict under which Mr. Rolph is evidently writhing. I have, &c. The Right Hon. Lord Glenelg, (Signed) F. B. He.\d. &c. &c. &c. (41.) 3 H 2 No. .or. ■^ir r. B. Hciul to Lord Cilciu'li:. 27th Sppt. isiir. y. /*v No. 57. iSir F. B. Head to Lord Glenelif, 27th Sept. 18J7. Enclosure. 428 (Copy.) Sir, DESPATCHES FROM SIR F. B. HEAD, Bart., . • Enclosure referred to in No. 57. '"■ ' Goveniineiit Home, 21st August 1837. I am commanded by the Lieutenant Governor to i'.form you, tliat His Excellency has been instructed by the Secretary of State for the Colonies to request (in case you should have neglected to do so) that you will furnish His Excellency at your early Convenience with a Copy of a Communication which it appears you addressed to his Lordship on the 21st of October last. I have, &c. John Rolph, Esq., (Signed) J. Joseph. Toronto. No. 58. Sir F. B. Head to Lord Glenelg, 29th Sept. 1H37. No. 58. (No. in.) Copy of a Despatch from Sir F. B. Head, Bart., k.c.h., to Lord Glenelg. My Lord, Toronto, 29th September 1837. I HAVE the Honour to inform your Lordship, that I have this Day in Council issued a Minute authorizing the Commercial Bank to continue its Business not- withstanding the Suspension of its Payments. •' ■_ " I did not however consent to grant this Authority until the Vice President and Cashier of the said Bank had signed an Agreement to pay over imme- diately in Specie 37,000/., the Amount of the Provincial Debentures in their Hands : and as by this Arrangement they deliver up to the Receiver General the whole of the Amount of Specie in their Vaults, besides the Balance which they are immediately to import from New York, the Principle whicli has hitherto distinguished the Banks of Upper Canada has not, I conceive, beeti ileparted from. I enclose for your Lordship's Perusal a Copy of a Letter I Yesterday .eceived from the Cashier of the Upper Canada Bank, which will, I think, satisA^ your Lordship that no Probability exists of that Institution suspending the Redemption of its Notes. I have, &c. The Right Hon. Lord Glenelg, (Signed) F. B. Head. &c. &c. &c. No. 59. Sir F. H. Head to LnrH Cilenek', ;kl Nov. 1837. No. 59. (No. 119.) Copy of a Despatch from Sir F. B. Head, Bart., k.c.h., to Lord Glenelg. My Lord, Toronto, 3d November 1837. I HAVE the Honcr to transmit to your Lordship a Copy of a Letter I iiave lately addressed to Sir John Colborne, wliich will explain to your Lordsliip my Reasons for desiring that the Troops may be withdrawn from Upper Canada during the present Crisis in Lower Canada. Mr. Mackenzie has made every Exertion to get up Sedition in this Province, for the Purpose of deceiving People in England into the Idea that both the Canadas are disturbed, but he has completely failed ; and as I think it of great Advantage that this Fact should not only be asserted by me, but proved, I have sent away the Troo])s, and have placed all the Arms (about 0,000 Stand) in charge of the Mayor and Aldermen of the City of Toronto. The Militia has been very zealously desiring to put a Guard ov(jr them but I have insisted on their being merely under the Care of a Couple of Policemen, 1st August 1837. you, that His the Colonies to vill furnish His unication which last. J. Joseph. ON THE SUBJECT OF CANADA. 429 Policemen, and of the Inhabitants generally. I know perfectly well that there exttsTo Body of Men in this Pro-Snce who would dare to attack Government ProJer y under the Protection of the Civil Authorities of Toronto, and I there- fore thmk that a Militia Guard, which would pre-suppose the Possibdity of such an Offence, would tend to encourage rather than to deter. I am hapoy to assure your Lordship that the Attempts made by Mr. Papi- nea.^8 Ag?nt. Mr. Mackenzie, have completely failed ; and that I have not the sStesVipprehension that any Disturbance of Importance will be made m this loyal Province dming the approaching Winter. ^^^ (Signed) k B. Head. No, 5!). Sir 1-. B. Head to Lord (ilenelg, 3d Nov. 1837. . i Lord Glen ELG. h September 1837. s Day in Council its Business not- le Vice President pay over immc- Dcntures in their Receiver General ides the Balance ' Principle whicli , I conceive, been ter I Yesterday ch will, 1 think, ution suspending!; kc. F. B. Head. Lord Glenelc. 3d November 1837. if a Letter I have our Lordsliip my m Upper Canada in this Province, "lea that both the as I think it of me, but proved, [bout 0,000 Sund) luard ovtjr them of a Couple of Policemen, Enclosure in No. 59. Dear Sir John, Toronto, 31st October 1837. On the Receipt of your Despatch of the 24th, which I received Yesterday, I imm'-diately begged Colonel Foster to carry your Wishes into effect by sending you down the sith Regiment. Colonel Foster told me you were good enough to propose that a Guard should be left for me and for the Stores and Com- missariat, but I begged to give up my Sentry and Orderlies, and in fact to send you ti whole of the 21th, which is stationed here. I will no\. endeavour to explain to you the Course of Policy I am desirous to pursue. I am sure you will be of opinion that a great deal if not the whole of the Agitation which is carried on in Lower Canada is intended to have the immediate Effect of intimidating the Two Houses of Parliament in England, by making them believe ihat Republicanism is indigenous to the Soil of Ame- rica, and that nothing else will grow there. But Mr. Papineau knov quite well that tliis Assertion will not be considered as proved unless Upper Canada joins in it ; and accordingly Mr. Mackenzie and his Gang, under his Directions, are doing every thing in their Power to get up any thing that may be made to pass for Agitation in the London Market. This Province is, as far as my Experience goes, more loyal and more tranquil than any Part of England ; however, this does not matter to Mr. Mackenzie, provided he can get up a few Sets of violent Resolutions, which you know very well is easily effected. Now what I desire to do is completely to upset Mr. Papineau, so far as Upper Canada is concerned, by proving to People in England that this Province requires no Troops at all, and consequently that it is perfectlj/ tranquil, I consider that this Evidence will be of immense Importance, as it at once shows the Conduct of Lower Canada to be factious ; whereas could it, under colour of a few Radical Meetings here, be asserted that the Two Provinces were on the Brink of Revolution, it woiMd, as you know, be argued as an I'iXcuse for granting the Demands of Mr. Papineau. I consider it of immense Importance practically to show to the Canadas that Loyalty produces Tran- quillity, and that Disloyalty not only brings Troops into the Province, but also involves it in Civil War. To attain the Object I have long had in view, I deemed it advisable not to retain, either for myself or for the Stores, the few Men we have been accus- tomed to require, for I felt I could not completely throw myself, as 1 wished to do, on the Inhabitants of the Province, so long as there remained Troops in the Garrison. I cannot of course explain to you all the Reasons I have for my Conduct, hut I can assure you that I have deeply reflected on it, and well know the Materials I have to deal with. , The Detachment of Artillery and the Barrack Master, who I understand is to take up his Quarters in the Barracks, will be, I believe, sufficient to take care of the Barrack Stores. The Arms I have put under the Charge of the tVMayor, which I am confident wi'' arouse a very excellent Feeling, which will f^ immediately spread over the Province. The Military Chest will be deposited (41.) 3 113 for Enclosure. ! • i . 11/ H ' ! ( i It J 430 DESPATCHES FROM SIR F. B, HEAD, Eart., No. 59. Sir 1\ B. Head to Lo.-d Glenelg. M No\. 1837. Kncl osure. for safe Custody in the Vaults of the Upper Canada Bank, where it will be much safer than in its present remote Situation. I enclose you a Copy of a Communication I have addressed to the Mayor and also to Mr. Footc, which will explain the Arranp;enicnts I have made, for which I am quite prepared to take upon myself all the Responsibility I have iucurrcd. I have now to ask you to assist me further in the Policy I am pursuint;-, by removing the 121th Regiment from Kingston, so as to take them out of Upper Canada ; I have not the slightest Occasion for them, particularly in that Direction, where all is nothing but Loyalty ; but if they remain there, the Moral I am desirous to attain will be sjjoiled, for it will be argued in England that all which has been done in Upper Canada is merely tliat the Troojjs have been moved from the MiiUand to the Eastern District. I am afraid you may find Diiliculty in finding Room for them in the Lower Province, but if by any Exertion you can eil'ect my Wishes I feel confident you will do so. It is with Reluctance I have incurred the Responsibilities I have mentioned. I know the Arrangements I have made are somewhat irregular, but I feel confident the Advantages arising from them will be much greater than the Disadvantages. What I am about to do will arouse loyal Feeling throughout the Province at a ^lomcnt when it is of inestimable Importance. Colonel Foster will tell you that the Detachment you have desired to have from Peuitangui.shei\e is at your Service. I shall be anxious to hear from you on the Subject of the Removal of the Twenty-fourth from Upper Canada. I remain, &c. Lieut. Gen. Sir John Colborne, K.C. R. Ckc. ^;c. 5c c. (Signed) F. B. Head. N'o. 60. Sir r. 15. Head ti) Lord Glenelg. ls:li Nov. I8;i7. *« !.i No. (50. (No. 121-.) Copy of a Despatch from Sir F. B. Head, Bart, k.c.ii., to Lord Glenelg. My Lord, Toronto, 1 8th November 1837. Being sensible that your Lordship will be desirous to receive authentic Information, not only of the general State of Affairs in the Canadas, but of the particular Course of Policy which is being ])nrsiied in each of the Provinces, I have the Honour to enclose to your Lordship a Copy of a Second Letter which has been ex])ressly dispatched to me by Sir John Colborne, with a Copy of my Reply thereto. Tliesc Letters, short antl familiar as they are, contain a Moral of considerable Importance, for they indisputably show that tlie Canadas are each acting on a Principle diametrically o])posed to the other ; tlie Lower Province centripetally drawing to itself as nnicii Military Force as it can collect ; the Upper Province centrifiigally discarding every British Soldier from its Territory. As I am anxiously expecting to hear of my Removal from the Government of this Province, I have less Desire than ever to interfere with the Course ol' Policy adopted by Her Majesty's Government in Lower Canada, yet when I reflect on the Importance of its Result to this Province I feel it is my Duty occasionally to apprise your Lordshi[) of my Opinions on the Subject. My Lord, it is, I conceive, undeniable, that for many Years Mr. Papineauha.s been labouring to separate the Canadas from the Mother Country. To efl^cct this Object f/// Force, he has been perfectly sensible it would be impossible ; he has therciore been endeavouring to attain it by Means which may almost be termed constitutional, namely, by seeking the Intervention and Authority of the Imperial Parliament. Vox ON THE SUBJECT OF CANADA. ^1 liill where it will be Lit the Province at e desired to have Removal of the Lord Glenelg. For this Purpose a Member of the House of Commons (Mr. Roebuck) has been regularly bribed by the House of Assembly of Lower Canada to expatiate on Grievances, and to dcchire at all Times and in all Places, to those who have no personal Acquaintance witli the Canadas, that the People tliere are restless, dissatisfied, yearning for Rei)ublican Institutions, and that unless the never- ending, still-beginning Concessions they require are granted, anotlier American War must be the Result. In order to corroborate these vague Statements by Evidence, Mr. Papineau's Policy has been to involve each succeeding Governor in a Quarrel with the House of Assembly ; to keep uj) an endless War between the Two Houses of the Legislature, as well as between tlie Assembly and the I'^xecutive Council. Besides this, in order to create Discontent among the Peoj)le, all great Improve- ments have been discountenanced, Emigration lias been taxed, and every Artifice has been resorted to practically to convince tliem that there really must exist sometiiing in the Management, or rather Mismanagement, of their Country, which required " Reform." While Mr. Papineau was himself working out this rovohitionary Formula in Lower Canada, he well knew it would be absolutely nece.-;sary he should promote a corresponding Conspiracy in the Uj)pcr Province ; accordingly Mr. Hume was selected to echo Mr. Roebuck's C'omijlaints in the House of Commons, while Mr. Bidwell was to be the Mimic in Upper Canada of IMr. Papineau himself. By pointing out Grievances with one Hand, and preventing their Correction by the other, a small Republican Party in this l'ro\ince managed to create Discontent, and by it gradually to obtain a Majority in the House of Assembly ; and the Revenue of the Province being thus at their Disposal, they availed themselves of every possible Oj)portunity to pay and employ those only who by disseminating Falsehood would create Discontent. Under this malign Influence, People in t!ie remoie Districts conceived tliat every Difficulty they met with in the Backwoods ))roceeded from the British Government ; and as it was invariably stated to them that if they were under a Republic they would instantly be relieved, they had cvt^ry possible Tempta- tion to revolt. The Republican Agents had the J\i\vcr of worming their \\';;y to these poor People by Paths on wiiichit was believed notliing jirocecding from the Government could be made to travel. The Rebel Party liuicying, there- fore, that the Ignorance in which their Victims were involved coidil not be dispelled, oi)enly boasted of their Triumi)h, and in tiie House of .'isscmbly insolently evinced the most treasonable Disposition. My Lord, Affairs were in this State; the House of Assembly of Lower Canada had published their Nir"ty-two Resolutions; the Assembly of this Province (although they pretended to have Attachment to the Tslother Country) were advocating an Executive Council '-esponsible to the People, an Elective Legis- lative Council, and were openly insulting the Executive when I arrived in this Province ; and yet, with all these Advantages, Mr. Papineau knew perfectly well that the Day had not arrived for attempting to carry his ()l)ject /yy Force. With every DesiVe to do so he was afiiaiu ; in short, he knev." quite well, that though the Dissemination of his Poison had sickenetl Loyalty, it was not yet dead ! The Result of the Exertions which I humbly made proved the Accuracy of his Judgment. By addressing the People in homely Language, I revi\ed the Io}al Spirit of Upper C'anada ; and by resorting to Reason, instead of to I\Iilitary Force, 1 Ik'came at last cnableil, !)y the Assistance of the former, to dismiss the latter from the Province. I mention these Facts to your Lordship for the Purpof-e of showing the Impolicy of our now allowing Mr. Papineau to enjoy the Triunipli, by making it a])pear that we retain Possession of the Lower i'rovince only by Force of Arms. If Lower Canada were to be governed by Reason, instead of by Force, I beg leave to ask, how could it possibly separate itself from the British Empire ? (41.) 3 H 1. If No. 60. Sir r. B. Head to Lord Glenelg. IHth Nov. i 837. IMl ]■ ''If''' * ill i ! ■||lti!. :: \m \ ' 432 DESPATCHES FROM SIR F. B. HEAD, Baut, No. 60. Sir F. B. Head to Lord Ulenclg, 18th Nov. 1837. ' ■, . If the Republicans of the Two Provinces united were afraid to attempt it, what Chance has One only to attain it, now that its Comrade has turned against it? Suppose that by a Coup-de-main Mr. Papineau could gain forcible Pos- session of Montreal and of the Fortress of Quebec, what would they be worth to him but a hempen Neckcloth ? Would the British Population be annihi- Would Upper Canada submit to a lated ? Would there be no Re-action ? Republic between it and the Ocean ? I can assure your Lordship, tl)at Mr. would hang only by a Thread. Between and tiie Militia of Upper Canada on tlie Elephant between Two tame ones, whose Abilities have been proved Papineau's Dominion, Hke his Life, tlie British Navy on the one Side, other, he would find himself a wild It may appear strange that Mr. Papineau, by the Demoralization they have etfectetl, sliould at this Moment be occupying a Position so completely untenable; but tlie Fact is, he triumphs by the Weakness of our Conduct ; and though he is in reality a ruined Man, yet he has managed, by Impudence and Artifice, to gain tlie very darling Object he has for so many Years ardently been striving for. In short, he has summoned Eight British Regiments into his Province, noi to Jiglit, but to be quoted in the House of Commons as undeniable Evi- dence, that we require Military Force to retain Possession of that Country ! My Lord, although I cannot deny the Fact of the Presence of the Troops, yet I do respectfully submit to your Lordship that Mr. Papineau has managed to obtain them by illegitimate Aleans, and by false Pretences. The Force at present in Lower Canada is unnecessary ; but we have had recourse to it from the same unfortunate Aberration that has liitherto induced us, not only to submit to Mr. Papineau's Insults, but to bow before them in proportion to the Insolence with which they have been inflicted. From the Extreme of Submission we have suddenly flown to the Extreme of Anger, and influenced in both Instances by our Passions, Reason and Justice, which in Government are invincible, have been passed unheeded. It is now late in the Day to repent of our Policy ; but there is yet Time, not only to confess but to correct the Errors we have been guilty of. My Lord, I respectfully recommend Her Majesty's Governmentjmmediately to abstract all the Troops from Lower Canada, excepting those necessary to gar- rison Quebec and Montreal. As soon as the political Atmosphere shall be thus purified, let Mr. Papineau, if he dare, attack the Queen's (jovcrnment and the British Population ; let him, if he dare, take forcible Possession of the Lower Province. Instead of encouraging the loyal Inhabitants of both Provinces ignominiously to lean upon our Troops, let us allow them to fight, if necessary, for themselves, for their Families, and for their Liberties ; and if this Policy be mildly but firmly pursued, the civilized World will cheer us on our Path, and, as I have before ventured to assure your Lordship, a brilliant moral Victory will be the Result. I have, &c. (Signed) F. B. Head. r^* Postscript. — Since writing the above I have just received from an Ofl[icer, sent expressly to me liom Alontreal by Sir J. Colborne, a Letter, urging me to dis])atch to Lower Canada some Companies of our Militia for Five Months Service. As Sir John observes, " If we do not immexliatcly take active Mea- " sures to arm and organize our Friends the Province will be lost." I have the Honour to enclose a Copy of Sir John Colborne's Communica- tion, with my Reply thereto, which will explain to your Lordship the Reasons which in my Opinion forbid me at present to comply with his Request. Notwithstanding the State of the Lower Province, as reported to me by the Officer commanding the Forces, I remain still of the Opinion already expressed in this Despatch ; namely, that Her Majesty's Government should immediately abstract all the Troops from Lower Canada, excepting those necessary to garrison Quebec and Montreal. I am perfectly sensible that this Recommendation will appear extraordinary to your Lordship, when contrasted with the pressing Exigencies of Sir John Colborne; ( ■ i. I ; i; ON THE SUBJECT OF CANADA. 433 Colborne ; I will therefore enileavour to explain Opinions which I can assure your Lordship I have not the slightest Desire to advocate. If Mr. Papineau and his Followers were a Foreign Enemy it would be unde- niable that the Party which possessed the greatest Quantity of physical Strength, would predominate j but the French Habitans of Lower Canada are as much Her Majesty's Subjects as the British Troops, and in the present State of the civilized World I do maintain that a Civil War must henccforwaul be a moral one, and that Victory will eventually declare itself in favour of moral and not of physical Preponderance. The Peace, Welfare, and Stability of Society depend upon the Maintenance of this Principle ; and such is the Momentum of ])ublic Opinion, that I feel confident no Power on Earth can now-a-days prevail which attempts to withstand it. I submit to your Lordship, that no Government is justified in attacking its own Citizens until it has previously gone through the Form of endeavouring to govern them by Firmness and Reason. A Government need not be firm, nor need it be reasonable ; but the fatal Con- sequence of its being neither one nor the other is that it exists in an unfit State suddenly to put down Rebellion by Force ; for what is Despotism but Government sans Reason ? My Lord, I say nothing against the unfortunate bygone System of Concilia- tion which has hitherto beer adopted in Lower Canada ; I will even admit, for Argument's Sake, that the Government was right to try the Experiment ; but I respectfully maintain that it is not justified in suddenly flying from it to the opposite Extreme, without having had recourse to the middle Regimen I have described. But it is argued that the British Population is in actual Danger, that the Lower Province " will be lost," unless we have immediate Recourse to physical Force, and consequently that it is now too late to philosophize on the Subject. I conceive that this Argument is the same as if a Man who had commenced to build his House on a Bog were to insist on continuing it because he had already completed its First Story ; it is true the Removal of the Building would be mortifying and expensive, but if it were impossible for it to stand, it is undeni- able that the sooner its Site was abandoned the better. My Lord, I conceive that no Quantity of British Troops would be sufficient to put down Agitation in Lower Canada, or even to jjrotcct every Person in that Province from open Violence. The cumbersome Attempt on our Part to do all this by Soldiers would appear to the World a Series of Aggressions which would sooner or later excite Sympathy in favour of Mr. Papineau and his Adherents. On the other hand, if, sheathing the Sword, we were at once to place ourselves on the defensive, and openly await the very Evils we are now trying to avert, Mr. Paphieau would then be driven either to give uj) Agitation or to become the Aggressor, in which latter Case we should instantly gain in moral Power infinitely more than we had laid aside in Military Force. I submit to your Lordship that in Military Strength Mr. Papineau has no Chance whatever of successfully contending against the British Empire ; let us therefore equally be his Superior in that moral Power by which our Possession and Protection of the Canadas must eventually be decided. I have, &c. To the Right Hon. Lord Glenelg, F. B. Head. &c. &c. &c. No. 60. Sir F. B. Head to Lord Glenelg, 18th Nov. 1837. * Bit' •■l; m ;ti ilii ,1' ■i .j. - I '■ First Enclosure in No. 60. ("Copy.) My dear Sir Francis, they may have been ; the Effect Sorel, 6tli November 1837. Enclosure No. 1. As to the Intentions of Mr. Papineau, it is not of much Importance wliat ev may have been ; the Effect of his Agitation, however, the Province now feels acutely ; and Disaffection, which has penetrated deeper than you imagine, brings the Agitator nearer his avowed Object* (4L) 3 I may The No. 60. Sir F. B. Head to Lord Glenelg, 18th Nov. 1837. 434 DESPATCHES FROM SIR F. B. HEAD, Bart., TIic sooner you put the " good Men and true " of the Upper Province on their Mettle, tlio better. Your Deternunation of liberating the QUh Regiiii^nt will produce the best Effect. Sir Colin Campbell will act on a similar >'' ip"iple ; I believe he will call on the Militia to do the MiliUuy Duties till Keinforcements may arrive from the Mother Country, and send every Company he can spare to Quebec from Haliflix. The Alarm in this District is great and rapidly increasing ; in fact, the Counties between Longi;euil and the upper Part of the Richelieu are in a State of Revolt ; many Persons who have distinguished themselves for their Loyalty and as Friends of Order are menaced and compelled to join the Dis- affected, or permit their Property to be injured ; I have received several Appli- cations for Protection. Tiie grand Point and Pivot is Montreal ; I am endeavouring to collect there such a Force as will permit the apprehensive to sleej) quietly, and enable us to act with Vigour when called upon by the executive Government. I have ordered the 21th Regiment to proceed without Delay to the Carillon and Montreal ; One Company, however, must be left at Fort Henry. Fifty Soldiers composing the Garrison of that F'ort will not in any respect take away irom the Effect of your Plans and Policy. You incur not the least Risk or Responsibility in trusting to the good Feeling of the Province of Upper Canada ; you are fully warranted in making the Arrangements which you have notified to me. The Diversion or Demonstration which Mr. M'Kenzie may make in Yonge Street or Alway, in the London District, will do Good. If the Company of the 24th Regiment, which had quitted Toronto for King- ston, had been recalled, the Effect of a timid Measure of that Description would have been much felt in this Province. I remain, &c. (Signed) J. Colborne. I have received Two Offers from the Upper Province to bear down with Volunteer Corps on the Rebels. Enclosure No. 2. ^^""ft ) Second Enclosure in No. 60. ly dear Sir John, Government House, Toronto, 11th November 1837. I am much obliged to you for the Information you have been so good as to give me respecting your *' Wars and Rumours of Wars," and it is satisfactory to me that you aj)j)rove of the ])eaceful Course of Policy I am adopting here. In proportion as you may be driven to adopt forcible Measures, Uj)per Canada shoulil, I consider, refrain from doing so, as the moral Contrast will no doubt have its Effect on those who like to live in Peace and Quietness. You will see in Print my Answer to an Address from Kingston to raise a Corps of Volunteers ; it is in fact to tell them I have no Authority to sanction their Request. You must not think from this that I am lukewarm in your Cause, tor though I intend to be slow to Anger, yet I think I can assure you, that in case you should really want Help, the Militia of Upper Canada shall be once again round their old Master. Yours, &c. (Signed) f. 13. Head. Lieutenant General Sir John Colborne, K.C.B., &c. &c. &c. ON THE SUBJECT OF CANADA. 435 Jpper Province on iing ; in fact, the to the good Feeling ay make in Yonge 1 Toronto for King- No. 61. (No. 132.) Extract of a Despatch from Sir F. B. Head, Bart., k.c.h., to LordGLENELc. Toronto, Upper Canada, 19th Decombor 1837. I HAVE the Honour to inform your Lordship, tiiat on Monday the 4th Instant this City was, in a Moment of profound Peace, suddenly invested hy a Band of armed Rebels, amounting, according to Report, to 3,000 Men (but in actual Fact to about 500), and commanded by Mr. M'Kenzie, the Editor of a Repub- lican Newspaper, Mr. Van Egmont, an Officer who had served under Napoleon, Mr. Gibson, a Land Surveyor, Mr. Lount, a Blacksmith, ^!r. Lloyd, and some other notorious Characters. Having, as I informed your Lordship in my Dispatch No. 119, dated 3d Ultimo, purposely effected the Withdrawal of Her Majesty's Trooj)s from this Province, and having delivered over to the Civil Authorities the whole of the Anns and Accoutrements 1 possessed, I of course found myself without any Defence whatever, excepting that which the Loyalty and Fidelity of the Province might think projier to afford me. The Crisis, important as it was, was one I had long earnestly anticipated, and accordingly, I no sooner received the Intelligence that the Rebels were within Four Miles of the City, than abandon- ing Government House, I at once proceeded to the City Hall, in which about 4,000 Stand of Arms and Accoutrements had been deposited. One of the first Individuals I met there, with a Musket on his Shoulder, was the Chief Justice of the Province ; and in a few Minutes I found myself surrounded by a Band of brave Men, who were c f course unorganized and generally speaking unarmed. As the foregoing Statement is an unqualified Admission on my Part that I was completely surprised by the Rebels, I think it proper to remind ratiier than to explain to ->ur Lordship the Coinse of Policy I have been pursuing. In my Despa.,, >!o. 124, dated 18th Ultimo, I respectfully stated to your Lordship as my Opinion, that a Civil War must henceforward everywhere be a moral one ; and tiiat in this Hemis])here in particular, Victory must eventually declare itself in favour of moral and not of physical Preponderance. Entertaining these Sentiments, I observed witli Satisfaction that Mr. M'Kenzie was pursuing a lawless Course of Conduct, which I felt it woidd be im})olitic for me to arrest. For a long Time he had endeavoured to force me to buoy him up by a Government Prosecution, but he smik in proportion as I neglected him, until becoming desperate, he was eventually driven to reckless Behaviour, which I felt confident would veiy soon create its own Punishment. The traitorous Arrangements he made were of that minute Nature that it would have been diiticult, even if I had desired it, to have suppressed them. For instiuice, he began by establishing Union Lists (in Niuiiber not exceeding Forty) of Persons desirous of political Reform, and who, by an appointed Secretary, were reconnnended to communicate regularly with himself for the Purpose of establisiiing a Meeting of Delegates. As soon as by most wicked Misrejjresentations he had succeeded in seducing a Number of well-meaning People to join these Stpiads, his next Step was to prevail upon a few of them to attend their Meetings armed, for the alleged Purpose of firing at a Mark. While these Meetings were in continuance, Mr. M'Kenzie, by means of his Newspaper and by constant personal Attendance, succeeded in inducing his Adherents to believe that he was everywhere strongly supported, and that his Means as well as his Forces would prove invincible. I was not ignorant of these Proceedings, and in projjortion as Mr. M'Kenzie's Paper became more and more seditious, and in proportion as these armed Meetings excited more and more Alarm, I wa;- strongly and rejjcatedly called upon by the peaceable Portion of the Commimity forcibly to suppress both the one and the other. 1 considered it better, however, under all Circumstances, to await the Out-break, which I was confident woidd be impotent inversely as it was previously opposed ; in short, I considered that if an Attiick by the Rebels was inevitable, the more I encouraged them to consider me defenceless the better. Mr. M'Kenzie, under these flivourable Circinnstances, having been freely permitted by me to make every Preparation in liis Power, a Concentration of (41.) 3 12 his No. 61. Sir F. B. Head to Lord Glenclg, lath Dec. 1837. i U F ' .11 ;■,! t i' ■■ 436 DKSPATCIIES FROM SIR F. B. HEAD, Dart., No. 61. Sir F. B. Head to Lord Glenelg, 19th Dec. 18a7. «R his (leludcil Adherents, and an Attack upon the City of Toronto, were secretly settled to take place on the Night of the lyth Instant; however, in conseqiunce of a Militia General Order which I issued, it was deemed advisable that tliese Arrangements slioiild be hinried, and accordingly Mr. M'Kenzie's deluded Victims, travelling through the Forest by Cross Roads, found themselves assembled at about Four o'Clock in the Evening of Monday the 4th Instant, as Ilebels, at Montgomeries Tavern, which is on the Young Street macadamized Road, about Foiu- Miles from the City. As soon as they had attained this Position Mr. M'Kenzie and a few others, with Pistols in their Hands, arrested every Person on the Road, in order to pre- vent Information reaching the Town. Colonel Moodie, a distinguished Veteran Ollicer residing in Yonge Street, accompanied by Three Gentleman on Horse- back, on passing Montgomeries Tavern was fired at by the Rebels, and I deeply regret to say that the Colonel, wountled in Two Places, was taken Prisoner into the Tavern, where in Three Hours he died, leaving a Widow and Family unprovided for. As soon as this gallant meritorious Olficer who had honourably fought in this Province fell, I am informed that Mr. M'Kenzie exultingly observed to his Followeis, •' That as Blood had nuiv been spilled they were in for if, and had nothinfr lift hut to advance;" accordingly at about Ten o'Clock at Night they did advance, and I was in Bed and asleep when Mr. Alderman Powell awakened me to state that in riding out of the City towards Montgomeries Tavern he had been arrested by Mr. M'Kenzie and anotiier principal Leader ; that the former had snapj)cd a Pistol at his Breast, that his {Mr. Powell's) Pistol also snapped, but that lie fired a second, which causing the Death of Mr. M'Kenzie's Com- panion, had enabled him to escape. As soon as Mr. Powell reached Toronto the Alarm Bell was rung, and as Mr. ^I'Kenzio feared we might be prepared for him, he forebore to proceed with his Attack. On arriving at the City Hall I appointed Mr.Justice Jones, Mr. Henry Sher- wood. Captain Strachan, and Mr. John Robinson, my Aides-de-camp. I then ordered tlie Arms to be unpacked, and manning all the Windows of the Building, as well as those of opposite Houses which flanked it, we awaited the Rebels, who, as I have stated, did not deem it advisable to advance. Besides these Arrangements I despatched a Messenger to the Speaker of the House of Assembly, Colonel the Honourable Allan M'Nab, of the Gore District, and to the Colonels of the Militia Regiments in the Midland and Newcastle Districts. Ati advanced Picquet of Thirty Volunteers, commanded by my Aide-de-camp, Mr. Justice Jones, was placed within a short Distance of the Rebels. By the following Morning (Tuesday) we mustered about 3U0 Men, and in in the course of tlie Day the Numbers increased to about 500. In the Night an advanced Piquet, commanded by Mr. Sheriff Jarvis, was attacked within the Precincts of the City by the Rebels, who were driven back. One of their Party being killed and several wounded. On Wednesday Morning we were sufficiently strong to have ventured on an Attack, but being sensible of the Strength of our Position, being also aware how much dei)ended upon the Contest in which we were about to be engaged, and feeling the greatest possible Reluctance at the Idea of entering upon a Civil War, I despatched Two Gentlemen to the Rebel Leaders, to tell them that before any Conflict should take place, I parentally called upon them, as their Governor, to avoid the Efl'usion of human Blood. In the meanwhile, however, Mr. M'Kenzie had committed every Description of Enormity: he had robbed the Mail ; with his own Hands had set fire to Dr. Home's House ; had plun- dered many inoffensive Individuals of their Money ; had stolen several Horses ; had made a Number of respectable People Prisoners ; and having thus suc- ceeded in embarking his misguided Adherents in Guilt, he replied to my Admonition by a Message that he would only consent that his Demands should be settled by a National Convention ; and he insolently added, that he would wait till Two o'Clock for my Answer, which, in One Word, was " Neveu!" In the course of Tuesday the Speaker of the House of Assembly, Colonel the Honourable Allan M'Nab, arrived from the Gore District at the Head of about Sixty Men, which he had assembled at Half an Hour's Notice ; and other brave Men flocking in to mc from various Directions, I was enabled, by strong Picquets, to prevent Mr. M'Kenzie from carrying into effect his diabolical Intention ON THE SUBJECT OF CANADA. 437 Intention to burn the City of Toronto in order to plunder the Banks; and having cftbctcd tiiis Object, I determined tliat on the following Day I would make the Attack. Accordingly, on Thursday Morning I assembled onr Forces, under the Direction of the Adjutant General of Militia, Colonel Fitzgibbon, Clerk of the House of Assembly. The principal Body was headed by the Honourable the Speaker, Colonel Allan M'Nab, the Right Wing being commanded by Colonel Samuel Jarvis, the Left by Colonel William Chishoim^ assisted by the Honour- able Mr. Justice Maclean, late Speakei of the House of Assembly ; the Two Guns by Major Carfrae of the Militia Artillery. The Command of the Militia letl in the City remained under Mr. Justice Macaulay, and the Protection of the City with Mr. Gurnett, the Mayor. I might also have most advantageously availed myself in the Field of the Military Services of Colonel Foster, the Commander of the Forces in Upper Canada, of Captain Baddclcy of the Corps of Royal Engineers, and of a Detach- ment of Eight Artillerymen, who form the only regular Force in this Province ; but having deliberately determined that the important Contest in which I was about to be engaged should be decided solely by the Upper Canada Militia, or, in other Words, by the Inhabitants of this noble Province, I was resolved that no Consideration whatever should induce me to avail myself of any other Assistance than that upon which, as the Representative of our gracious Sove- reign, I had firmly and im])licitly relied. At Twelve o'Clock the Militia Force marched out of Town with an Enthu- siasm which it would be impossible to describe, and in about an Hour we came in Sight of the Rebels, who occujMed an elevated Position near Gallows Hill, in front of Montgomeries Tavern, which had long been the Rendezvous of Mr. M'Kenzie's Men. They were princi|)ally armed with Rifles, and for a short Time, favoured by Buildings, they endeavoured to maintain their Ground ; however, the brave and loyal Militia of Ui)])er Canada, steadily advancing, with a Determination which was irresistible, drove them from their Position ; completely routed Mr. M'Kenzie, who in a State of the greatest Agitation ran away ; and in a few Minutes Montgomeries Tavern, which was first entered by Mr. Justice Jones, was burned to the Ground. Being on the S])ot merely as Civil Governor, and in no way in command of the Troops, I was hap])y to have an Opporliuiity of demonstrating to the Rebels the Mildness and Beneficence of Her Miijesty's Government ; and well knowing that the Laws of the Country would have ample Opportunity of making Examples of the guilty, I deemed it advisable to sa--^ the Prisoners who were taken, and to extend to most of these misguided Men the Royal Mercy by ordering their immediate Release. These Measures having been effected, and the Rebels having been dej)rived of their Flag, on which was inscribed in large Letters, " Bidwcll and the glorious Mi /tori f//," " 1S37 oiid n i^nod Beginning!" the Militia advanced in pursuit of the Rebels about Four Miles, till they reached the House of one of the principal Ring-loaders, Mr. Gibson, which Residence it would have been impossible to have sa\ed, and it was consequently burned to the Ground. The infatuated Followers of Mr. ISI'Kenzic were now comjiletely dispersed. Deceived and deserted by their Leader, they sought for Refuge in all Direc- tions. Ashamed and disgusted with the Murder, Arson, Highway and Mail Robbery which he had committed before their Eyes, and detesting him for the overbearing Tyranny of his Conduct towards them, they sincerely repented that they had ever joined him, and, I have been credibly informed, that their Wives ancl Children now look upon Mr. M'Kenzieas their most malignant Enemy. Mr. M'Kenzie has fled to the United States. Mr. John Rolph has absconded. Mr. Bidwell, who took no Part in the Aflray, has amicably agreed with me to quit, and has quitted this Province for ever. Dr. Morrison and the Captain Van Egmont are our Prisoners. Mr. Lount and Mr. Gibson have fled, and, I understand, are making for the United States. As Mr. M'Kenzie had been particularly active in disseminating his Principles throughout the London District, and as Dr. Duncombe, well known to the House of Commons in England, was reported to be there with a Body of armed Rebels, I deemed it advisable, as soon as the Militia returned from Toronto from driving Mr. M'Kenzie from Gallows Hill, to order a Body of Five hundred Men to proceed- immediately to the London District. I placed this Corps (41.) 3 13 under No. 61. Sir F. B. Head to Lord Glenelg, 19th Dec. 1837. ■ p ■ -J I- 1 mi [ i li \ : ri I; i I ifh i'\ ' iWi i. 1 ;)i' !■:'■ iV^lIt J . fi it 488 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 61. Sir F. B. Head to Lord Glenelg, 10th Dec. 1837. <« under the Command of the Honourable the Speaker of the House of Assembly, Colonel Allan M'Nab, who, with great Promptitude, marched with it to the Point of its Destination. On the Day of Mr. M'Kenzie's Defeat, as well as on the following Morning, Bands of Militiamen from all Directions poured in upon me, in Numbers which honourably proved that I had not placed Confidence in them in vain. From the Newcastle District alone 2,G00 Men, with nothing but the Clothes in which they stood, marched, in the Depth of Winter, towards the Capital, although nearly One hundred Miles from tlieir Homes. From Gore, Niagara, Lake Simcoe, and from various other Places, brave Men, armed as well as un- armed, rushed forwards, unsolicited, and, according to the best Reports I could collect, from Ten to Twelve thousand Men simultaneously marched towards the Capital, to support me in maintaining for the People of Upper Canada the British Constitution. The Numbers which were advancing towards me were so great, that the Day after Mr. M'Kenzie's Defeat I found it absolutely necessary to print and cir- culate a public Notice, announcing " thut there existed no further Oceanian for the Resort of Militia to Toronto " and tlie following Day I was further enabled to issue a General Order, authorizing the whole of tlie Militia of the Batiiurst, Johnstone, Otta.va, and Eastern Districts to go and lend their Assistance in Lower Canada. I have now com|)l^i.ed a plain Statement of the Events which have occurred in this nob'<^ Province during the last Week, and have done so at some Length, as the Moral tlioy offer is most important. Yoia' Lordship knows that at the last Election Mr. M'Kenzie, and those of his Party who advocated Murder, Plunder, equal Rights, and Revolution, under the Mask of Rctbrni, in vain a])pealed to the Farmers and Yeomen of this Country to support them instead of supporting me. Driven by the Voice of the People from their Seats in the House of Assembly, tliey declared that they had only been defeated by the Influence of a corrujjt Government. How- ever the Mom:!nt the Charges Dr. Duncombc and Mr. llunie nuule against me in the House of Commons reached this Country, the House of Assembly deli- berately investigated the whole Affair, which they proved and pronounced to be a Series of wilful and premeditated Falsehoods. Mr. M'Kenzie and his Party, finding that at every Point they were defeated in the moral Attack which they had made upon the British Constitution, next deter- minedto excite their deluded Adherents to have recourse to physical Strength. Being as ready to meet them on that Ground as I had been ready to meet them in a moral Struggle, I gave them every possible Advantage. I in no way availed myself of the immense Resources of the British Empire; on the contrary, I purposely dismissed from the Province the whole of our Troops. I allowed Mr. M'Kenzie to icrite what he chose, saij what he chose, and do what he chose ; and, without taking any Notice of his traitorous Proceedings I waited, with folded Arms, until ho had collected his rebel Forces and luul actually commenced his Attack. I then, as a solitary Individual, called upon the Militia of Upper Canada to defend me, and the Result has been a-; I have stiitetl ; namely, that the People of Upper Canada came to me when I called tiiem ; that they completely deleated Mr. M'Kenzie's Adherents, and drove him ami his rebel Ringleaders fioni tliS Land. These are historical Facts, which it is impossible to deny ; and the i)laiii Inference is, that the hi'iahiUuits of Upper Canatla, as I have often ])uhlic'ly declared, " detest Democracy, and revere the noble monarchical Institutions of the Britihli Emj)ire." My Lord, what a serious Lesson have the Inhabitants of Upjicr Canada offered (o tlieir i\l()llier Country ! Our Fvidence, luiniMe as it is, will surely bring Conviction to the Mimls of those misnamed Rei()rn!ers, who, ignorant of the Blessings they enjoy, desire to aduilerale the Purity of our revered In- stitutions. Situated as we are here, surely we are betti'r able to judge between monarchical and rej)ublican Government than People in England w)io are acquainted only with the former. The faithful Attachment which this Province has evinced to British Justice, British Juries, and to the British Sovereign, is the noblest Instance of Lulc pendence I have ever w itnessed, and it imiuces nie to lell your Lordship plainly and unequivocally, that neither the Legislature nor the People of Upper Canada ( ) will use of Assembly, . with it to the lowing Morning, ne, in Numbers n them in vain, ut the Clothes in irds the Capital, I Gore, Niagara, ed as well as un- ; Reports I could narched towards ^pper Canada the eat, that the Day ,o print and cir- tlier Occasion for IS further enabled I of the Bathurst, leir Assistance in ch have occurred ) at some Lengtii, zie, and those of and Revolution, s and Yeomen of ven by the Voice ley declared that rernment. How- made against me pf Assembly deli- d pronounced to y were defeated in ;ution, next deter- lysical Strengtii. ;en ready to meet antage. I in no » Empire ; on the )f our Troops. I lose, and du what IS Proceedings, I Forces and had Upper Canada to y, that the lVoi)le DUiph'toly defeated igleaders tiom th* ly ; antl the i)laiii ive often ])ubhcly chical Institutions of Upi'-er Canada it is, will surely s, who, ignorant of f our revered In- to judge between England wiio are to llritish Justice, Instance of l:ide- u' Lordship plainly e ot Upper Canada will ON THE SUBJECT OF CANADA. 439 will any longer submit to the base Conciliations which have long disgraced the Colonial Oflfice. It now only remains for me to inform your Lordship that Mr. M'Kenzie, who has escaped to Buffalo in the United States, has, by Falsehood and Mis- representations, almost succeeded in exciting a large Body of Labourers out of Work to invade Upper Canada for the Purpose *of j)limdering the Banks and of gaining Possession of the Crown Lands, whicli, your Lordshij) is aware, I have been desired to surrender to the Provincial Legislature. Tliis new Feature of " Reform" is one which is at this Moment causing throughout the Province considerable Excitement ; and I must say, that, for the Sake of Humanity, I earnestly trust and hope the Attempt will not be made. I entertain the utmost Reliance that the Government of the United States will nobly prevent any such Invasion. I am ))ersuaded that all Americans of Intelligence and Property will feel that the Character of their Country requires them to discountenance a lawless and unprincipled Aggression, which would bring upon tliem the Execration of the civilized World ; for where woidd they stand in the Estimation of Mankind if they were to be seen ungratefully repaying the highminded and successful Exertions which Great Britain lately made to save them from War, by steeping her Colonies in Blood and Misery? Should, however, any of the Inhabitants of Buffalo or other Frontier Towns, regardless of these Sentiments, jiresume, for the Sake of Plunder, to invade the free and independent People of Upper Canada, I feel couffdent that every Man in the Province, Indians and black Population included, will assemble together in one Band to exterminate the Invadi-rs or to perish in the Attempt. No. 62. (No. 133.) Copy of a Despatch from Sir F. B. Hkad, Bart., k.c. h., to Lord Glenklg. My Lord, Toronto, 28th December 1837. I HAVE the Honour to transmit to your Lordshij) a Copy of the Speech with which I have this Day opened the Legislature of this Province, together with Copies of sundry Documents, which will explain to your Lordship, firstly, that the Rebellion which has broken out here has been effectually put down, with the Loss on the Side of the Constitutionalists of only One Man killed ; and, secondly, that an unprovoked Attack has been made upon our Territory by American Citizens, who have succeeded in taking possession of Navy Island (which is in the Niagara River, about Two Miles above the (Cataracts), have intrenched and garrisoned it, have planted Thirteen Pieces of Cannon upon it, and in fact have chiis formed a Camp upon our Territory, to which People by Handbills, termed " Proclama'ions of the Provincial Ciovernment," are publicly invited, under the Promise that " 'iOO Acres of the most valuable Lands in Canada, and 100 Dollars in Silver, will be given to each Vohmteer who may join the Patriot Forces on Navy Island." I have conununicated these Facts to His Excellency the Earl of (Josford and to Sir John Colborne, ami have addressetl Conununications to the CJovernor of the State of iNew York and to Her Majesty's Minister at Washington, Co|)ies of which I have the Honour to enclose." I have stationed a Militia Force of about '2,000 Men on the N'iagara Fn iitier, and have made all the Arrangements in my Power for calling out the Militia of the Province, in case their Services should be required. Having thus done all in my Power to withstand a Foreign Invasion, which wis never contemplated in my Despatch to yoiu- Lordship, dated IHtli Novem- ber, I feel it my Duty to reconnnend, contrary to the Suggestions contained in that Despatch, that ller Majesty's (Jovernment shoidd afford to the Connnaiuler of the Forces every possible Assistance promptly and eHeetiially to put down tl\is Attack by American Citizens, unauthorized by their Govennnent. and in open Violation of their Laws. I have, &c. (Signed) h. B. Head. The Right Hon. Lord Glenelg, kc, &c. &c. (41.) 3 14 No. 61. Sir F. B. Head to Lord Glenelg, Ifth Dec. 1837. if iiii IHI!, I ' 1 m\ tm i % i 4 i No. C2. Sir F. 15. Head to Lord Glenelg, "i^'" 28tliDtc. 1837. ^ '» I f M I B I : .1 : 1 km ; 1 1 ■ 1 No. 61. Sir F. IJ. Head to Lord Glenelg, 28th Dec. 1837. Enclosure No. 1. 440 DESPATCHES FROM SIR F. B. HEAD, Bart., First Enclosure in No. 65 . Toronto, Thursday, 28th December 1837. TJiis Day, at Eleven o'Clock, His Excellency the Lieutenant Governor pro- ceeded in State from the Government House to the Chamber of the Honourable the Legislative Council, where being arrived and seated on the 'J'hron<\ the Gentleman Usner of the Black Rod was sent with a Message from Hi^j Ex- cellency to the House of Assembly, commanding their Attendance. The Members present being come up accordingly. His Excellency was pleased to address the Two Houses with the following ypeech : — " Honourable Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly, •' I have deemed it necessary to convene the Legislature of Upper Canada a few Days earlier than has been customary, for the Purpose of communicating with you on the present State of the Province ; but betbre I draw your Atten- tion to this important Subject I cannot refrain from condoling with you on the Loss which since our last Meeting we have sustained in the Demise of His late (jracious ISIajesty Kirg William the Fourtii, of blessed jMemory, whose parental Attachment to the Canadas will, I feci confident, long be remembered by its Inhabitants with filial Gratitude and Respect. " The Tlirone of the I?ritish Empire is now adorned by Her Majesty Queen Victoria, whose Youth, luuication. Virtues, and Sex, endearing Her to Her Subjects, claim their loyal Protection and Support. " Notwithstanding the Prosperity and Happiness of this Province, it is with Pain I inform you tliat I have sudiienly been called ui)on to suppress a Rebel- lion, which must have ap))oared to tlie Province at large of so extraordinary a Character that it is ])roper 1 should advert to its Origin and Progress. " With every Disinclination to revive political Dilierences of Opinion, wliich must exist in every free Country, and which no liberal Man would ever be desirous to su])press, I will merely remind you, that shortly after I arrived in this Province, with Instructions from His late Majesty to correct whatever Grievances might exist, it unavoidably became necessary that I should consti- tutionally a])peal to tiie Sense of the People ; I did so, and they unequivocally supported me. " A fijw Individuals, disappointed at the Result, did not scruj)le to declare that the People of Upper Canada had been mistaken in tiieir Verdict, whicli it was asserted had been obtained by improper M(?ans. " This second Subject of Discussion 1 deemed it advisable to bring jjlainly before the Public; it was accordingly submitted to the Consideration of His late ^Nlajest}' ami the Imperial CJoxernment, the House of Commons and the Houseof Assembly oi' Uj)i)er Canada, and by all these Tribunals the Question was decided against those who, whh grounilless Slander, had assailed tlieir Govern- ment, and wiio, being rapidly deserted by their original Supporters, were now reduced to a very lew Imlividuals. " Finding that against cool Argument they could advance nothing, they desj)erately determined to try an Ai)])eal to physical Strength, the avowed Object of which was to force ller Majesty's Subjects from their Allegiance, and to subvert the Rritish Constitution under the Pretext of Reform. *' As soon as this Conspiracy bi^came known to me I determined that for the public (jood I would allow it to work its own Cure ; but as I felt convinced that that Cure would never be admitted to be ])ertect if Her Majesty's Troops were recpiired to take any Part in the Contest, I cheerfully approved of their leaving the Province, in order that the People of Upper Canada, in a State of uncontrolled Inde})endence, might be allowed another Opportunity of unetpiivo- cally demonstrating wiiether they woulii sujjport me or desert me in the Deter- mination I had evinced ' to maintain lor them the British Constitution inviolate.* " Besides parting with the Troops, I further resolved to place in the Hands of the civil Portion of the Community all the Muskets (about 4,000) which the Government had in Store, and I accordingly delivered them over to the Custody of the IMayor, Aldermen, and Commonalty of the City of Toionto. " Without either Soldiers or Weapons to enforce my Cause, J allowed the Leader jcntlemcn of the imuix iler to Her e to bring plainly ON THE SUBJECT OF CANADA. 441 No. 62. Sir F. B. Heiid to Lord fileiiels, 28lh De.;. 1837. Leader of the intended Insurrection a full Opportunity to make his intended Experiment ; I freely allowed him to write what he chose, say what he chose, and do what he chose ; I allowed him to assemble his deluded Adherents and for Purpose of Drill ; I even allowed them unopposed to assemble with loaded Fire- arms, and in spite of the Remonstrances which, from almost every District of the Province, I received from the peaceable Portion of the Community, I allowed him Enclosure No to make deliberate Preparations for Revolt ; for 1 freely confess that I did under- rate the Degree of Audacity and Cruelty which these armed Insulters of the Law were prepared, as Events have proved, to exhibit. It did not seem to me credible that in the Bosom of this peaceful Country, where every one was enjoying the Protection of equal Laws, and reaping the Fruit of his Labours almost undiminished by Taxes, any Number of Persons could be found willing to assail the Lives, plimdcr the Property of their unoffending Fellow Subjects, and to attempt the Destruction of a Government from wl.ich they had received nothing but Good. " The ultimate Object of the Conspiracy was veiled under a mysterious Secrecy which I had no Desire to penetrate ; and relying implicitly on the People, so little did I inquire into it or impede it, that I was actually in Bed and asleep when I was awakened by a Messenger, who abruptly informed me that a numerous Body of armed Rebels had been congregated by their Leader ; that the Murder of a veteran Officer of Distinction, a Settler in the Province, had already been committed, and that the Assailants were within an Hour's March of Toronto. "The long looked for Crisis had now "''ilontly arrived ; and accordingly; defenceless and unarmed, I called upo'^ ' , Militia of Upper Canada to defend their Government, and then confidently awaited the Result. " With an Enthusiasm which it is impossible for .ne to describe, they instantly obeyed the Summons. "Upwards of 10,000 Men immediately marched towards the Capital, and in the Depth of a Canadian Winter, with no Clothes but those they stood in, without Food, and, generally speaking, without Arms, Reformers as well as Con- stitutionalists, nobly rushed forward to defend the revered Constitution of their Ancestors, although the Rebel who had dared to attack it was offering to his Adherents 300 Acres of our Land, and the I'lunder of our Banks. " As soon as the People had organised themselves I saw it would be necessary to make an Attack ; however, fi'i'lingthe greatest possible Reluctance at the Prospect of a sanguinary Conflict with the deluded Subjects of Her Majesty who were opposed to me, I des})atclied to them Two of their own Party, to tell them that before any Collision should take place I parentally called upon them, as their Governor, to avoid the Effusion of Human Blood. " The Answer I received from the Rebel Leader was, that he would only consent that his Demands should be settled by a National Convention, and that he would wait till Two o'Clock for my Answer. " Having now to the best of my Ability performed the religious as well as moral Duty which I owed to the Province, I issued a Proclamation, calling upon those who had been seduced to join in the unnatural Rebellion to return to their Duty, in which Case I informed tiiem that they would find the Govern- ment of their Queen as indulgent as it was just ; and having given them this last Opportunity to disperse, I allowed the brave Militia of Upper Canaila to advance, and the Result of this Trial by Battle was tin; public Verdict which I hud always anticipated. " The Rebels, dispersed in all Directions, surrendered everywhere at Discre- tion ; those of tlieir Leaders who were not taken Prisoners absconded to the United States ; and before Sunset the whole Conspiracy exploded. "In the London District a similar Proof of jjublie Ojjinion was practically evinced. To the Militia, nobly commanded by Colonel MacNab, Speaker of the House of Assembly, upwards of 300 misguided Men laid down their .Vrms, craving pardon for their CJuilt, asking Permission to assist the loyal Militia in capturing the fugitive Leaders, wiio they dielared luul not only deceived but deserted them ; and the Affair being thus toneluded, there remaineil not a Rebel throughout the whole Province in Arms ; indeed, so complete was their Defeat, that general Orders were immediately issued by me, announcing that there was • no further Occasion fi)r Itesort of the Militia to Toronto,' and (4L) S K that 1. if ri 1 ^ Pi ' ,1 [1 i '\ ' t t 1 , h\\ m 1 1 ■ \ ; ' f Snt (i- 11 442 DESPATCHES FROM SIR F. B. HEAD, BAivr. No. 62. Sir F. B. Head 10 Lord Cilencl;;, 28ih Dae. 18^7. Enclosure No. 1 . *t t I that the MiUtiaof the Rathunst, Johnstown, Ottawa, and Eastern Distiict;i might march to Lower Canada, in aid of the Queen's Forces. " In all the civil Contests which History has been compelled to record I conceive that there has never been a Question more liiirlysubmitted to the Jiulg. ment of a free People than that which in Upper Canada has just ended in the total Defeat, moral as well as physical, of the Op])onents of the British Constitution. " The Triumph has been that of Reason over Force, — of good Laws over Anarchy, — of Bravery, Fidelity, and (lenerosity, on the I'art of the Militia, over Murder, Arson, and Robbery by the'.Rebels. " Tranquillity had returned to the Land ; angry Passions had subsided ; the political Atmosj)here of the Province was becoming healthy after the Storm which had passed over it, when I regret to inform you that the Peace of the Province was suddenly invaded from a Quarter from which Her Majesty's Subjects in this Province had certainly never calculated upon receiving an Attack. •• I need not on this Continent declare that the Americans are a People with whom the British Em))ire for many Years has assitluously cultivated the most friendly Connexion. Our Government has looked upon them as its Allies ; our People have intimately coiniected themselves witii ihoir Connnerce ; our Capital has irrigated their Land ; imlimited Credit has been fratenially extended to them, with that unsu.spccting Confidence which m tlie civilized World is reposed in Men of Character and Truth ; we have rejoiced in their Success, and we have done all that a generous Nation could do to save them from the Expense and Misery of War. It is true we were once Opponents, but the Hatchet of War has long been buried, and I must own I had hoped that the Spirits of our mutual Ancestors were sacredly guarding its Tomb. " Such are the PY'elings of the British People towards the Americans, and yet I regret to inform you that, in a Moment of ])rofbund Peace and of professed Friendship, a considerable Number of Americans, regardless of the Crimes committed, as well as of the degraded Character of the Man, have sympathised with the principal Rebel, who has lately absconded as a Criminal from our Land. I regret to inform you that American Citizens of Influence and great ^\'ealth have come forward to coerce the brave and indejiendont Peoi)le of Upper Canada to change Laws and Institutions which they have lately, by open and almost universal Suffrage, publicly declared that they ])refer. " The American Press has, to my Astonishment, in many Instances advocated this flagrant Act of Injustice; and such has been the ])oj)ular Excitement, that not only has a Body of Americans, headed by American I.,eaders, within a few Days taken ])osse.^- ion of Navy Island, (which belongs to the British I'hvipire,) but a Proclamation has just been issued from this Spot declarhig that the Standard of Liberty is j)lanted in Canada ; that a Provisional Coverinnent is established there ; that a Reward of 5(X)/. is oH'ered for my A])j)rehension ; that .'JUO Acres of Her jMajesty's Lands Mill be freely bestowed by this Provincial Governnient upon any Volunteer who shall personally assist in invatling our Freedom ; and it is added, that * Ten Millions of these Lands, fair and fertile, will speedily he at their Disposal, with the other vast J{esources of a Country more extensive and rich in natural Treasures than the United Kingdom or okl France.' "I am informed that Americans from various Quarters are hastening from the Interior to join this Standaril of avowed Plunder and Revolt, that Cani'on and Arms are publicly ))roceeding there ; and under these Circumstances, it heeonios my pahiful Duty to infimn you, that without having ofiered to the United States the smallest Provocation, without having entertained the slightest previous Doubt of the Shicerity of American Alliance, the ]idiabit;uits of this Province may in a few Days be called uj)on by me to defend their Lives, their ]'roj)erti(s, and their Liberties from an Attack by American Citizens, which, with no Desire to oilend, 1 must pronounce to be unparalleled in the History of the Worhl. •• Upon the Courage anil Resolution of the Canadian Peojjle I ])lace the firmest Reliance; and if this imwarrantable Invasion should ])r()ceed I know I sh;ill not in vain require every British Subject coolly to perlbrm that Duty to liis Country which his own Pride, S})irit, and Feelings will spontaneously sr^.gest. « The ON THE SUBJECT OF CANADA. 44,'3 No. 62. Sir F. B. Head to Lord Glenel^, 28lh Dec. 1837. " The Interference of Foreigners in tlie domestic Policy of a free Country is an Aggression which no Nation of Character can ever submit to endure (especially where a Band of Peojjle, violating their own Laws, our Laws, as well as the sacred Obligations of national Amity, intrude themselves upon peaceable Inhabitants lawlessly to advocate by Force of Arms the practical Blessings and Advantages of Republican Institutions, which, by their own Enclosure No. 1 showing, have at least ended with them in Anarchy and Plunder) ; and as every Country is a natural Fortress to its Inhabitants, as every Village is a strong Militjuy Position, and as every Bridge and Ravine can be advan- tageously defended, I must own that, deeply as I should lament a Conflict of this Nature, I entertain no Feeling of Anxiety for the Result. The jjcaceful liihabitjmts of Upper Canada will not be left to defend their Country alone, for they belong to an Empire which does not suffer its Subjects to be injured with Impunity j and if a national War, which it rests with the American Govermnent to avert, should be the unhappy Consequence of an intolerant Invasion of our Freedom, the civilized World, while it sympathizes with our just Cause, will view with Feelings of Astonishment and Abhorrence ihis Attempt of a Body of American Citizens treacherously to attack and plunder, in a Moment of profound Peace, their oldest, their most intimate, and their most natural Ally. " A few Days will, I trust, demonstrate that the American Government wants neither the Will nor the Power to control its People. If otherwise, the defensive Course which the Inhabitants of Upper Canada must be called upon to adopt is plain and clear. •' In the meanwhile, however, it is but Justice to the American Nation to allow them, notwithstanding our Territory has been already invaded by their Citizens, the Opportunity of nobly vindicating, as I firmly believe they will, the Integi-ity of their Government and Institutions ; and I have to inform you that, with this peaceful Object in view, I have communicated with the Governor of the State of New York, with „liom I have hitherto been on the most friendly Terms, as also with Her IVlajesty's JMinistcr at Washington ; and awaiting their Replies, I have reinforced the gallant Militia of the Frontier by a strong Corps of Observation, and have made Arrangements for a general Call uj)on the Militia, in Ciise their Services sliould unfortunately be required. *' Gentlemen of the House of Assembly, " I shall direct the Public Accounts, and the Estimate for the ensuing Year, to be laid befoie you. " The ordinary Supplies necessary for the Public Service will, I have no Doubt, be granted; and it cannot but be exi)ected that the late rash Attempt to produce Contiision in the Province will give rise to an Increase in the Public Expenditure, and create some new Claims upon the Justice and Bounty of the Legislature. " You will, 1 doubt not, consider the Propriety of indenniifying any of the Inhabitants of this Province who have sustained serious Losses from the outrageous Acts of the Insiu'gents, and of pro\ itling Pensions f()r tlie very few Subjects of Her Majesty who may have been disabled by Wounds received in the Defence of their Laws. '• Honourable Gentlemen, and Gentlemen, " If you were assembled under ordinary C-ircumstances there would be several Mattel . relating to the Improvement of the Province, to the general AVelfine of its Inhabitants, and to the Encouragcniout < I" Innni^ralion, which 1 should desire to submit to yoiu- Consideration ; but you will probably agree •".vith nie in thinking that it may be prudent to admit of your speedy Return to yoiu" several Districts, by tijibearing as much as possible to enter at this Time upon the Discussion of Business which can be properly postponed. " Nothing ])erhaps ])re.sses so earnestly for iininetliate Consiileration as the Adoption of such Measures as may most effectually secure the Jnliabitants of tills Province against the Recurrence of the Danger to which they have lately bi'L'ii exposeil. " Every one must feel that the People who, at this inclement Season, forsook their Families, and rushed in Thousands to the Defence of their Independence aiut their Laws, deserve that every Exution shoulil be made by the Legislature for their future Protection j and having seen the Misery whicli the late violent (f.L) J K 'ure No. 3. <« Third Enclosure in No. G2. Sir, Government House, 13th Dec. 1837. Your Excellency has doubtless received Intelligence, though not of an authentic Character, of an insurrectionary Movement which within the last few Days has been made in this Province, and which the loyal Feeling of the great Mass of Her Majesty's Subjects has enabled me promptly to suppress. Though an Occurrence of this particular Nature, in a Country immediately adjoining the State under your Excellency's Government must naturally excite a con- siderable Degree of Interest, I might not have felt myself called upon to com- municate with your Excellency u])on the Subject if I did not receive an Official Ileport from the Magistracy of the District of Niagara, that Efforts are made, by calling public Meetings in Buffalo, to jnocure Countenance and Support among the Inhabitants of that City to the Efforts of the disaffected in Upper Canada. I am perfectly persuaded that, under any Circumstances, the public Autho- rities in the United States would exert tliem.sclves to strengthen rather than to disturb the kind Feeling which has, for so many Years, united the Natives of Great Britain and the United States in the most amicable Relations ; and when I acquaint your Excellency that the armed Party of Traitors which are now dispersed (luring the few Days tiiat tlioy remained embodied, were guilty of such unprovoked and wanton Acts of Murder, Arson, and Robbery as disgusted their iulherents and occasioned their rapid Descrlion, I feel no Doubt that whatever may he justly done bv the Goveinnient of one friendly and enlightened Nation towards restraining its Subjects from disturbing the Peace and injuring the unoffcMiding Inhabitants of another, may confidently be expected from your Excellency. It is fit I should ap])rize your Excellency that there is not at this Moment, to my Knowledge, within the whole Extent of Upper Canada, a single Body of Men, assembled with Anns or otherwise, in o])])osition to the Government. Jietbre the 5lh December there had been about aOO or GOO Men hastily got together ON THE SUBJECT OF CANADA. 445 together at the Instigation of a Mr. M'Kenzie, the Editor of a seditious News- paper here ; but these have been wholly dispersed, and their Leader, we under- stand, is now in Bufililo, endeavouring to excite there a Support which he fails to meet with in this Province. I have, &c. To His Excellency Governor Marcy, (Signed) F. B. Head. State of New York, Albany. No. 62. Sir F. H. Head to Lord Glenelg, 28ihDec. 183/. Enclosure No. 3. ! 1; i mi] mil Fourth Inclosure in No. 62. Dear Sir, Government House, Toronto, 23d Dec. 1837. I take the Liberty of introducing to your Excellency the Honourable Archi- Enclosure No. 4. bald M'Lean, late Speaker of the House of Assembly of this Province, who is the Bearer of a Communication from me to Her British Majesty's Minister at Washington, on the same Subject on which I had the Honour to address your Excellency on the 13th Instant, a Copy of which Communication Mr. M'Lean takes to Washington. Mr. M 'Lean will inform your Excellency that the Party of Americans who, under the Command of Mr. Van Rensselaer, have taken pos- session of Navy Island have issued a Proclamation, hoisting in Canada the Flag of Independence, offering a Reward of ^00/. for my Apprehension, with 300 Acres of our Crown Lands, to any Volunteer who will join in the Invasion of this Province. I have not yet had the Pleasure of hearing from your Excellency (which, in- deed, Time has not admitted of) ; but 1 feel confident your Excellency will, by the most energetic Means, put an immediate Stop to Proceedings which must otherwise inevitably lead to a National Contest. Mr. M'Lean will have the Honour to submit to your Excellency any further Information which you may desire. I remain, &c. W. L. Marcy, Esq. (Signed) F. B. Head. Governor of the State of New York. Fifth Enclosure in No. 62. Sir, Head Quarters, Hamilton, 24tli December 1837, 3 o'clock r. m. In reporting the Return of the Volunteers to this Place who accompanied mc Enclosure No. 5. to the London District I have much Gratification in stating tliat not a Man has been lost, and but Three have been on the Surgeon's List since we marched. I have also greut Pleasure in noticing that the Inhabitants between Paris anii Dundas generously turned out with their Sleighs, and brought down their Brother Militia Men to this Place free from any Expense whatever. Immediately upon my Arrival here I despatched several Messengers to various Parts of the District, requesting that the Connnands which I had received from His Excellency the Lieutenant Governor should be conununi- cated to the various Bodies of Militia tiiercin, and I am proud to say that His Excellency's Expectations will be promi)tly and conii)lotely realized. I shall move To-morrow Morning Ironi this Place with between 600 and 800 Men and One Field-piece. The Ladies of the Town of Hamilton are busily engaged in ])reparing Haversacks for the Use of the Volunteers ; and it is at this Moment reported tome that HiO are already completed. Each Man will he provided with a Blanket and such other Necessaries as may be essoiUial to the Comfort of the Troops. I have the Honour to enclose a Copy of a Letter which I this addressed to Lieutenant Colonel Cameron, Assistant Adjutant (ieneral. As I have no Information regarding the Stores on the Niagara Frontier, and the following Articles will be indispensable in this iuelenient Season of the Year for the Cmntbrt of the Voliuiteers, I trust that a large Supply of Blankets, aversacks, Socks, Shoes, and ^Mittens, will be innnediately placed in Store on (41.) 3 K 3 ■ the INIorning 11 ^l fit 'llH*tl No. 62. Sir i'. B. Head to Lord (ilenelf;, 28tli Dec. 1837. Enclosure No. 5. 446 DESPATCHES FROM Sill F. B. HEAD, Bart., the Frontier, wlierc they can be speedily furnished for the Use of the Men ; none shall be issued but such as are absolutely necessary. From the Reports which 1 have received this Morning I am inclined to think that 1 shall havo many more Volunteers than I shall be able to furnish with Arms and Accoutrements ; and I therefore request that 200 Stand of Arms and Accoutrements shall be I'orwarded to the Frontier, subject to my Orders. In my Way from Toronto I was met at Oakville by a Number of Captains of Schooners and Scuimen, who gallantly tendered uic their Services ; antl I this ^lorning addressed a Letter to Colonel William Chisholm on the Subject, a Coj)y of which I have the Honour to enclose. It is my Intention to arm these Vohmtecrs with Boarding-pikes, of which a Number are already made at Woodstock, and are now on Lhe Way to Hamilton. It would be advisable f;u an Armourer, with Two or Three Men, to be despatched to the i't, to be attached to the Expedition. I have, &c. Colonel the Honoi ble (Signed) Allan N. M'Nab, Jonas Jones, A. D. J. Colonel Ccmmanding. Sixth Enclosure in No. 62. Head Quarters, Hamilton, Sith December 1837. Enclosure No. 6. J jjpg leave to State for your Information that I have received His Excel- lency's Commands to jjroceed to the Niagara Frontier with all the disposable Force which can be raised in this Quarter. I sliall move off early To-morrow Morning with between 500 and GOO Men and One Fieldpiece ; and I request that you will communicate any Information which you can give mo on the Subject of Quarters, as I do not wish in anywise to interfere with the Cantonments already occupied by the Troops at present stationed with you. I believe about 70 or 80 well-mounted Troopers will accompany me. I wish that an Officer may be directed to inspect all the Farm-houses in your Neighboiuliood wliicii are unoccupied by your Troops ; and that he may meet me on the Way, furnishetl with a lleturn in Detail of the Number of Men ■which they will be able to accommodate. I have, &c. Lieutenant Colonel Cameron, (Signed) Allan N. M'Nab, Assistant Adjutant General. Colonel Commanding. «l Sir, _ Head Quarters, Hamilton, 2ttli Dec. 1837. I have to request that you will immediately take measures for securing the Services of all those Captains of Schooners and Seamen who so nobly ottered their Services to me Yesterday, and that you will procure a sufficient Nmnber of Sleighs, and forward them, so as to reach the Line of JNIarch, which I shall make To-morrow Morning at Daylight, to the Niagara Frontier. The Men will be i'urnisiiod with Boarding-pikes, which are coming from Woodstock To-day. It will be desirable that they should all clothe themselves as warmly as ihey arc able. I have leceivetl Information from the Frontier of such a Nature as to induce me to move down there at once, with al" the disposable Force under my Com- mand. I am anxiously awaiting the Arrival of your Volunteers under Colonel Chalmers. I have, &c. Colonel William Chisholm, • (Signed) Allan N. M'Nab, Oakville. Colonel Connnanding se of the Men ; iree Men, to be Qel Ccmmandinsr. IS under Colonel ON THE SUBJECT OF CANADA. Seventh Enclosure in No. C2. Government House, Toronto, 2ttli Dec. 1837. 447 No. 02. Sir F. B, Head Sir, Government House, Toronto, 2ttli Dec. 1837. to I deem it my Duty to forward to yom- Excellency the enclosed Copy of a ^^ord Glentlg, Correspondence I have received this Moment from Colonel Cameron, the 28th Dec^ 1 837. Officer comniandhig Her Majesty's Forces on the Niagara Frontier of Upper Enclosure No. 62. Canada. I have, &c. To His Excellency Governor Marcy, New York. (Signed) F. B. Head. The same Letter was addressed to His Excellency J. S. Fox, H. B. M. Ambassador, Washington. Assistant Adjutant General's Office, Sir, Chippewa, 2M\ Dec. 18.S7. Since my last Communication Mr. Cummings, Magistrate of this Place, has received the Information that follows, from a confidential Person, returned this Morning from the other Side. Tile Forces under Van Rensselaer are hourly increasing. Van Rensselaer is a Person who has served in Mexico. M'Kenzic has little or notliing to s:'. o the military Movements ; he goes about the Country collecting Suppli.^ ■ ; Entrenchments are thrown up on the Island, and their Cannon are being p' "ced in Position. The Excitement in the State of New York is very strong. Plie Rebel Cause daily gains Adherents. The very \\'omen are inciting the Men to proceed to the Frontier of New York. The People of the Towns in *^he Interior are making common Cause with the Rebels. Two CJuns passetl to tlic Island Yesterday, in addition to those already on it; Informant saw T'em go* over. Depots of Men, JNIoney, Arms, &c. are being formed in all . ^' small Towns in the Interior, ready to move as Occasion may recpiire. One Woman was seen casting Bullets at her own House, from a Moulil that ran GO at a Time. An Attack is meditated oti the Frontier soon. The reflecting Portion of the American People fear that War between Great Britain and the United States must ensue from these lawless Proceedings. The Mob di-'sire it. Tlie actual Number on the Island is between 500 and 700, but the utmost \'igilance is now used to mask their Proceedings and conceal their Numbers. Tlie last Conummication from Colonel Kerby reports all quiet at Waterloo. I have accepted Colonel Land's Offer of 100 iMen from Hamilton, and counter- manded tiie 50 Coburg Volunteers at Niagara, and tlie Arrival of -the Niagara Dock Company, '28 strong, has been reported. Notwithstanding that the Rebellion is apparently su])pressed, the most iiKciligent Persons with whom I have had an {3p))ortnnity of conversing by no means consider the Feeling in favour of the Rebels subdued ; on the contrary, they think that very many, and among them some who carry Arms in our Ranks, would not hesitate to rise again, if ti\ere were an Ojjportunity or Chance of Success ; but the Lower Province being now secure, I trust that Assistance, both of Infantry and Artillery, may be derived frnr.i thence, as such Assistance would essentially contribute to restore Coniidence in the wavering and awe the disaffected. I have, &c. (Signed) K. Camerox, Assistant Ailjutant General. To the Adjutant General of Militia, Toronto, &c. &c. &c. Eighth Enclosure in No. (r2. To Allan Napier M'Nab, Esq., Colonel commaiuling the Queen's Forces in the District of London, kc. Sec. Sec. The hu;;i'ijie Petition of certain Inhabitants of the Township of Norwich, Enclosure No. 8. lat"ly in Arms against the (loverninent of this Province. Showeth, — That we, your Petitioners, being truly sensible of the great lui'or and Wickedness which we have latel}- conmiitted in taking up Anns against (U.) 3 K i Her I 1 llM SI ! P\ 'f i' ^ m fM'i s ■ 1 H : f If ■ ii "M H iii s : No. C2. Sir V. B. Head to Lord GI»iic1l', 28tli Dec. 1837. Enclosure No. 8. Enclosure No. 9. ■iif.^1 448 DESPATCHES FKOM SIR F. B. HEAD, Bart., Her Majesty's Govcniincnt, a Govornnient on whose Part we do not pretend to say that we luive any real ^^'rollgs or Grievances to comphun of, but we have been led away by Cliarles Diincombc, EUakini Malcohn, and other wicked and desi;.^iiin(r Leaders, who have induced us, by Promises of hu'ge Grants of Land and great Pay for our Services, to tike up Arms against Her Majesty's (lovcrnment, and who iiave now basely deserted us and left us to answer with our Lives and Properties for those Crimes which tiiey have themselves com- mitted, do therefore most lunnbly beseech you. Sir, to take our Case into your kind Consideration, and to intercede with His Excellency the Lieutenant Governor of this Province to grant us a Pardon for our Offences. We acknowledge ourselves to be completely subdued, and we throw ourselves entirely upon your Mercy ; and we hereby promise, one and all, if .such Mercy be extended to us, that we will from hencetbrth live as peaceable and loyal Subjects to tlie Government of Her Majesty Queen Victoria; and that we will not only bring in our Arms, but also use our utmost Endeavours to apprehend the Ringleaders of the lute Insurrection and bring them to Justice. We are thus induced to address you. Sir, not only from the exalted Position whicii you hold as the first Connnoner in the Land, and Commander of the Queen"s Forces in this Part of the Province, but also from our Knowledge of your kind and benevolent Disposition, of which wc have had ample Proof in the Protection of the Lives and Proj)erties of the Inhabitants since your Arrival amongst us, and which we trust you will exert in our Behalf to relieve us from our present unfortunate Situation ; and we, your Petitioners, as in Duty bound, will ever pray, &c. Signed by One hundred and three Petitioners. Ninth Enclosure in No. 02. His Excellency's Reply. Sir, Government Hou.se, 18th Dec. 18:?T. His Excellency the Lieutenant Governor has received your Letter of Yesterday's Date, enclosing to me a Paper which has been addressed to you as Commanding the Militia Force sent to subdue and apprehend the Rebels stated to be in Arms in the District of London. The Persons who have subscribed to that Paper, 103 in Number, .state that they have been misled by Falsehoods, and by Promises of Rewards held out by Dr. Dunconibe and otiier wicked Traitors, to take up Arms against tlieir Sovereign ; that they heartily repent the Crime they have committed, and acknowledge tliat they had suffered no Wrong at the Hands of the Government, and can offer no Justification in excuse for their Conduct; that they iind themselves now deserted by the Persons who had m'ged them to rebel, and left to the Mercy of the Government, whose Laws they have offended. They offer to deliver up tiieir Arni.s, and pledge themselves to u.se their best Exertions lienccforward in supporting the Authority of the Government, and bringing Offenders to Justice. His Excellency desires that you will answer the Petitioners by stating, tiiat he sincerely regrets that any Number of Her Majesty's Subjects in this Pro- vince should have been prevailed ujjon to commit Treason against a Govorn- iTient which had always protected them, and treated them with Justice and Kindness ; that, trusting to the Truth of the Declaration by the Petitioners, that they have seen tiieir Error, and not doubting but they must be asiiained and astonished at their own ]Mi.sconiIuct, His Excellency con.sents to your liberating such of them as arc not known to have committed Acts of Violence against the Persons or Projierty of their Fellow Subjects, ujion their entering into Recognizances, with sufficient Sureties, to apjiear at (lie next Court of Oyer and Terminer and General Gaol Delivery in the District of London, to answer any Complaint that may be brought against them at the Instance of any of their Fellow Subjects. I have, &c. The Hon. Col. M'Nab. (Signed) J. Joseph. Sir, I hav( this Dist! off their • " ON THE SUBJECT OF CANADA. 449 Tenth Enclosure in No. 62. Copy of a Letter from Colonel A. N. M'Nab to His Excellency Sir F. B. Head. Sir, Head Quarters, Scotland, 14th Dec. 1837. I have the Honour to report that the Detachment under my Command halted at Brantford on Wednesday Evenhig, in perfect Order, and the Men in high Spirits ; at Nine o'Clock the same Evening I was informed by Persons sent by me to this Place (it then being the Head Quarters of the Rebels), that Dr. Dimcombe, with about 100 Men, were iiere, and preparing to retreat to Norwich. I immediately despatched Persons to Simcoe, Woodstock, and Lon- don, requested that all the Volunteers that- could be mustered should march down and intercept tlie Rebels, and meet me at this Place. At One o'clock on Thursday Morning (To-day), having obtained a Plan of the Position of the Rebels and the Roads approaching thereto, I moved off from Brantford with my own Detachment, consisting of about 300 Rank and File, and 150 Volunteers from Brantford, and 100 Indian Warriors under the Com- mand of Captain Kerr, with Directions that they (the Indians) should take Possession of the Woods marked on the inclosed Plan •' Pine Woods." Major Thompson, with 100 Men, was to march down the Back Settlement Road, while the main Body, with myself, were to march down the Maui Road, and make the Attack simultaneously. I regret to say that the Rebels became alarmed, and moved off during the Night. This Afternoon I have been joined by not less than 1,000 Volunteers, with Colonel Salmon, Colonel Askin, and Colonels Rapelje and M'Call at their Head ; Volunteers are pouring in at all Times and at all Places. It is my Intention to march at Six o'Clock To-morrow Morning, with l.COO Men, through the Township of Norwich, the most disaflected Part of this District. I have at least Six Times as many Men as I require ; but the Fact of such an Army marching through this Country cannot but have a very beneficial Effect ; and, besides, the Volunteers joining me in this District would not be pleased to be dismissed, and all left to the Men of Gore. I have taken all Dr. Duncombe's Papers, also Mr. Eliakim Malcolm's ; the latter Cwhich are of considerable Consequence) were discovered buried in a Field, together with several of the leading Rebels'. The latter I have sent under Guard to Hamilton. I would strongly recommend that His Excellency should sanction the raising of Volunteer Companies, of 1.50 Men each, under the Command of Major Winnett, at Brantford ; of Captain Drew, at Woodstock ; of Mr. Askin, at Lon- don ; and Mr. William Salmon, at Simcoe. Probably 100 Men in each Com- pany would be sufficient. This could be readily done, and would not only keep all Things right here, but would at all Times be an efficient Force to act else- where when Occasior should require. It is a Matter of no small Mortification to me to have failed in capturing the Traitor Duncombe and his rebel Band. And I very much fear he will not give me an Opportunity of attacking him, but like the other Leaders of the rebel Bands, will fly the Country. I have, &c. (Signed) Allan N. M'Nab, Colonel Commanding. Eleventh Enclosure in No. 62. Copy of a Letter from Colonel A. N. M'Nab to Colonel Halkett, No. 2. S ir. Head Quarters, Township of Oakhinds, Scotland, 15th December 1837. I have the Honour to report, that the Rebels have dispersed in all Parts of this District, and that I have taken every Precaution to intercept them and cut off their Retreat. (41.) 3 L I have No. 6.'. Sir F. n. Head to Lord Gleni-lf;, 28ih Dec. 1 837- Enclosure No. 10. '! ' i 1 1 » 1 !r ' ' ' ( I ') 1! .( 1 1 i \ Enclosure No. I i 450 DESPATCHES FROM SIR F. B. HEAD, Bart, No. 62. I have received several Deputations from these misguided Men, praying for Sir F. l». He.i(l Leave to come in and surrender their Arms, take the Oath of Allegiance, if l^rd Gknele, "ccessary, and join the Troops under my Command. In endeavouring to find 28ih Dec. 1837. out those of the Leaders who may yet remain behind, so far I have refused their Request, unless the Leaders are delivered into my Hands. On this Sub. L«jclo»ure No. 1 1. jgj.j. j jj^, ^^ j^gg^ several Deputations this Day, and will forward a more explicit Despatch respecting it in the Morning. Intelligence having reached this Place that a Body of Foreigners were threatening to cross the Niagara River, to join any Rebels that may yet be found in this County, I have this Moment been called upon by Colonel Rapelje, Colonel Salmon, Colonel Askin, Colonel M'Call, and the Officers commanding the Regiments and Volunteer Corps in this District, with a Request that I will ofler to His Excellency their Services, with 2,000 or more of the gallant Militia of this District, who will be ready on the slightest Notice to march to the Frontier should their Country require their Services ; and I have no Hesitation in stating that should any Demonstration be made on that Frontier a sufficient Force of Cavalry and Infantry can be poured into that Quarter from the London and Gore Districts, more than adequate to put it down. I cannot describe in Terms sufficiently strong the Enthusiasm and Ardour with which the loyal Inhabitants of this County are crowding to my Aid. I have, &c. (Signed) Allan N. M'Nab, Lieutenant Colonel Hackett, &c. &c. Colonel Commanding. Toronto. Enclosure No. I^. Twelfth Enclosure in No. 62. Copy of His Excellency's Reply. Sir, Government House, 18th Dec. 1837. I am commanded by His Excellency the Lieutenant Governor to acknow- ledge the Receipt of your Despatch of the l6th instant, in which you convey to His Excellency tf^e pleasing Intelligence that the Rebels in the London District, without offering you Resistance, had completely dispersed. With respect to the misguided Men who have taken part in this Business, it is His Excellency's Desire that you should make every Ry^-tion for securing the Ringleaders, who should in every Instance be humanely attended to. His Excellency cannot authorize you to extend Pardon to any one ; but he recommends that all those who wish to surrender themselves should, excepting the Ringleaders and any who have committed Violence to the Persons or Pro- perties of others, be discharged on Recognizances with sufficient Bail to appear at the next Court of Oyer and Teiminer. I have, &c. (Signed) F. Halkett, A. D. C. i f Enclosure No. 13. Thirteenth Enclosure in No. 62. Sir, Head Quarters, Sodor, Township of Norwich, 18th Dec. 1837. I have the Honour to report that within a short Time after the Receipt of the Paper which I Yesterday enclosed, together with my Answer, upwards of 200 of the Rebels and disaffected Persons marched in and surrendered them- selves and their Arms. They were received in the Centre of a Square formed by the Volunteers under my Command, and I availed myself of the Oppor- tunity thus afforded me of explaining to those deluded Men the Situation in which thev had placed themselves, that by their wicked and unnatural Conduct they had lorfeited their Lives and Properties ; and I permitted them to return to their Homes on the express Condition that they should at any Time surrender 12 themselves, ON THE SUBJECT OF CANADA. 451 themselves, should His Excellency not think proper to extend to them the Ropl Clemency. Their Arms are in my Possession. The Ringleaders, and some of the most wicked and active Men amongst them, including many of their Officers, are detained Prisoners, and I shall send them under a strong Escort to London to await their Trials. In justice to my own Feelings I cannot forbear expressing my entire Con- viction that, from all I have seen and heard, many of these unfortunate Men have been grossly deceived by the Traitor Duncombe and his Colleagues ; and I firmly believe that many of them will return to their Allegiance, and yet be numbered among Her Majesty's faithful and loyal Subjects. I have been detained here longer than I expected ; but the Deiay has been owing to the Necessity for my maintaining a central Position, so thr.t easy Intprcourse might be kept up with the numerous Detachments moving in all Parts of the District, to ensure the total Capture of the Rebels, which, I am proud to say, has been done, very few having escaped j and the gallant Militia Volunteers under my Command will, I am sure, give a good Accr>unt even of those few ere we quit the Fiehl. A good deal of Time has necessarily been taken in procuring the requisite Evidences, and in taking the Depositions against the most prominent of the Rebels. I shall march from this Place for Oxford To-morrow Morning. I have, &c. (Signed) Allan N. M'Nab, Colonel the Hon. Jonas Jones. Colonel Commanding. P. S. — Robert Alway, m. p. p., is a Prisoner. He was taken near Simcoe, on his Way to the West. I am unable to furnish a complete Return of the Prisoners and Arms taken, not having received the Returns of the several Offi- cers commanding Detachments ; but the Number of Prisoners amount to nearly 500, and from 100 to 120 Rifles. No. 62. Sir F. B. Head lu Lord (ilend:;, 28il. Dec. iaa7. Enclosure Nc. IJ. l\ Ith I \LKETT, A. D.C. Fourteenth Enclosure in No. 62. Sir, Head Quarters, Ingersol, 19th December 1837. I have the Honour to acknowledge the Receipt of your Despatch of the I8th Instant, with its Enclosures. I halted here this Afternoon at Four o'Clock, after a very severe March, through Ice and Snow, of 18 Miles. The Men bear the Fatigue well. I hope to reach London To-morrov;^ Night. As I stated in a former Despatch, it is my Intention to organize a Volunteer Corps at London, of fi-om 100 to 150 Men, which I shall submit for the Ap- proval of His Excelleii v. I shall do the same at Woodstock, Brantford, and Simcoe. It has been reported to me that a good deal of Disaffection prevails in the Western District, particularly in the Neighbourliood of Sandwich. The Reports, however, are very contradictory upon this Subject. It is my Intention to allow the Militia, except the Volunteers with me, and the Volunteer Companies above mentioned, to return to their Homes ; as I am satisfied that it is not prudent at this inclement Season of the Year to harass them more than there is Necessity for. I am assured by all tliose whose Opinion is worth having that on the slightest Intimation they will again fly to their Posts. This is also my Opinion. The remaining Prisoners, except the notorious Offisnders, will be immediately set at Liberty, after being bound over to appear at the next General Gaol Delivery, as you have directed. Finlay Malcolm was taken last Night by a Party of my Men ; others are still in pursuit of Duncombe. Malcolm has been sent to Hamilton with several other Prisoners, including Elliott, Austin, and Carrol ; the latter from the City of Toronto and from the Township. There now seems to be little Doub' that (41.) 3 L 2 they Enclosure No. IJ. .'I IS ,,5i » 452 DESPATCHES FROM SIR F. B. HEAD, Baiit., Xo.6.'. they are the Men who accompanied M'Kenzie in his Retreat. The Men with i>ir F. B. Head, the Saddles, Bridles, &c. shipped from Buffalo (if true) shall be well looked Lord Oleiieltr, iJStli Dec. 1837. Kiiclcisure No. 11. 1 have written to Captain Gourlay to drill his Men, and to hold himself in readiness to march at Moment's Warning to the Frontier should his Services be required tliere. I beg you will apply to the proper Quarter for 400 Stand of Arms and Accoutrenr.ents, with a Supply of Ball Cartridge ; 100 for Simcoe, 100 for London, 100 for Woodstocii, and 100 for Brantford. Please reply to tiiis in your next Communication. I have, &c. Colonel the Hon. Jonas Jones. (Signed) Allan N. M'Nab, Colonel Commanding. KiicloRiire No. 15. Fifteenth Enclosure in No. 62. Sir, Barric, 14th Decem'jcr 1837. We the undersigned Magistrates of the Home District have the Hor;our to acquaint you, for the Information of His Excellency the Lieutenant Governor, that on receiving Expresses from the Magistrates of the Holland Landing that an armed Band of Rebels had marched to endeavour to surprise the Capital, prompt Measures were taken to send forward the Militia and Volunteers, the latter organized as efficiently as possible, and directed to place themselves in communication with such Forces as in the Urgency of the Moment might have been assembled, and to co-operate in putting down Rebellion. It is a pleasant Duty to report on this Occasion that the whole Population rose en masse, and nobly responded to tlie Summons, leaving none but the Women and Cliildren to take care of their Houses. Willie we iiave the Iieartfelt Satisfaction of thus doing Justice to our fellow Subjects without Distinction in tiiis Part of the County of Simcoe, it is with Gratitude to an all wi.se and protecting Providence, whose Hand has been so visible in tiiis our Day, that the wicked and deluded Men who dared to disturb the Peace of a loyal People are dispersed, and that we c;' ' return to our Fire- sides and resume our Occupations with Confidence in the Vigilance of His Excellency's Government. We ha\'e &c. (Signed) J. M. Hamilton, J. P. James Wickens, J. P. Elmes Steele, J. P. John Whitley, J. P. Samuel Richardson, J. P. Encl'iMire Nn. 10'. Sixteenth Enclosure in No. GH. Gentlemen, Government House, lOth December 1837. I have received tlie Communication of the Magistrates of Barrie in the County of Simcoe, announcing the Meas.ires taken there for co-operating in the Defence of the Ciovernment on the jiresent Occasion. The Steps taker were highly creditable and judicious, and I have particular Satisfliction in acknowledging the loyal Feeling which has been so actively displayed by the good People of the County of Simcoe. (Signed) F. B. Head. The Magistrates of Barrie. ON THE SUBJECT OF CANADA. 4S3 i " No. 63. (No. ■^.) Coi V of a Despatch from Sir F. B. Uead, Bart., k.cmi., to Lord Glenelg. My Lord, Toronto, <2'2d .Jiiiiuary 1838. I HAVE the Honour to transmit to your Lordship a Gazette Extraordinary, containing Copies of Comnnuiications between the Two Branches of tliis Legislature and myself relating to my Resignation of the OfHce I have the Honour to liold. I have the Honour, &c. The Right Hon. Lord Glcnelg, (Signed) F. B. Head. &c. &c. &c. No. (13. Sir 1'. H. JItiul t(i Lord (ileiielt;, !2il Jiinimrv IS^S. II '' i 1 '■ ! F. B. Heau. Upper Canada Gazettc Extraoudinary. Toronto, Monday, 22(' 'unuary 1838. By Authority. F. B. Head. Tlie Lieutenant Governor informs tlie Legislative Council, that in conse- quence of this Province being invaded and assailed by a Foreign Enemy, and being the Scene of actual Military Operations, Colonel Foster, the Officer in command of Her Majesty's Land Forces, has assumed the entire INIilitary Authority and Command over the Trooi)s ; that he is also in command of the Militia ; and that the Commissary General at Quebec has communicated to the Officer in charge of the Commissariat here, that, consistently with the Rules of the Service, no Ex])enses can be allowed unless sanctioned by the Authority of the Militiuy Connnander, u])on wli)m the Protection of the Proviiic" has thus necessarily devolveil. The Lieutenant Governor takes this Opportunity to communicate to the Legislative Council, that having had the Misfortune to differ from Her Majesty's Government on One or Two Points of Colonial Policy, he felt it his Duty, on the 10th of September last, respectfully to tender to Her iNIajesty's Principal Secretary of State tor the C-olonies the Resignation of the important Station which for a short Time he has had the llonour to hold in this Province. His Resignation having been graciously accepted, the Lieutenant Go\ernor has to inform the Legislative Council, that he Yesterday received official Int()r- mation that Her Majesty has been ])leased to appoint C-olonel Sir Cieorge Arthur to be Lieutenant Governor of Upper Canada, and that His Excellency may be expected to arrive here in a few Days. Under the peculiar Circumstances in which the Province is at j)resent ))laced the Lieutenant Governor feels confident that the Legislative Council will rejoice with him at the aj)j)roacliing Arrival of an Officer of high Character and considerable Experience, whose Rank in the Army will enable him to combine the Military Connnand with the Civil Government of this Province, (lovermnent House, 15th January 1838. To His Excellency Sir F. B. Head, Bart., Knight Commander of the Royal Hanoverian Guelpliic Order, Knight of the Prussian Military Oriler of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please Your Excellency, We, Her Majesty's ilutifid and loyal Subjects, the Legislative Council of Upper Canada, m Provincial Parliament assembled, beg to return our respectful Thanks to your Excellency for connmmicating to us tlie Fact, which is at this Crisis particularly important, that by the Regulations of Ht-r Majesty's Service the Command of the Troojjs and of the Alilitia employed in defence of this Province cannot be united in your Excellency's Person wi'hthe Administration of the Civil (lovennnent. If your Excellency were to continue to represent Her Majesty in this Colony (41.) 3 L J we i| P 454 DESPATCHES FROM SIR F. B. ^lEAD, Bart., No. 63. we are persuaded that, under present Circumstances, such a Separation of the Sir I'". B. Head Civil Power from the Military Command would bo likely to lead to very unfor- J , '^ , tunate Results, since Military Rank and Experience, although they a.e by no 22d Jaiuiarv 1838. means incompatible with the peculiar Qualifications which are requisit<> to give 1 Confidence, Animation, and Effect to the Military Force, are not alw, ys to be Eiiclobures. fcnuid united with them. ""■" We beg to assure your Excellency that we learn with extreme Regret that the Civil Government of this Province is to continue for so short a Time in your Excellency's Charge. It is not known to us upon what particular Points your Excellency's Views have differed so essentially from those of Her Majesty's Government that your Excellency was induced to tender your Resignation ; but we know, that at no Period in the History of Upper Canada has its political Condition been such as ought to be more satisfactory to the Ministers of the Crown ; and we feel that not Upper Canada only, but the Em))ire, owes to your Excellency a large Debt of Gratitude, for your firm and manly Avowal, upon all Occasions, of those Sentiments wliich became the Representative of a British Monarch, and for the unwavering Support which your Excellency has never failed to give to the established Principles of the Constitution. It is this fearless Adherence to right Principles rather than to Expediency which has enabled your Excellency to rally round the Government, in a Moment of Danger, the Arms of an united People ; and to exhibit this Province to our Sovereign and to the World in a Posture which must command for its brave and loyal Inliabitants the highest Admiration and Respect. If the Result of your Excellency's firm and uncompromising Policy shall impress upon Her Majesty's Government the Conviction, *hat they need not fear to support in Upper Canada the Principles of the Brit sh Constitution, it will have produced an Effect of infinite Value to this Colony, and will have supplied wliat we believe has been clfu ify wanting to insure 'ts permanent Tran- quillity. But tlie Legislative Council cainiot refrain from expressing the Regret with which they have observed, in the Case of your Excellency and of your respected and gallant Predecessor, that your Connexion with the (Jovernment of this Colony has seemed incapable of being protracted with Satistiiction to yourselves beyond the Period when it becavoe evident that no Submission would be made by you to a Spirit of fiictious Discontent which nothing can a])pease but the Destruction of British Rule. We beg your Excellency to believe that the Legislative Council will ever entertain a gratefiil Recollection of the Justice and Condescension which they have always had Occasion to acknowledge in their Intercourse with your Ex- cellency, and that they })articipate deeply in tiie Feeling of general Regret at yoiu' Excellency's approaching Departure from this Province. John B. Rokinson, Legislative Council Chamber, Speaker. 17th Day of January 18J8. F. B. IIf.ad. The Lieutenant Governor informs the House of Assembly, that inconse- quence of this Province being invaded anil assailed by a I'oreign Enemy, and being the Scene of actual Military Ojverations, Colonel Foster, the Ollicer in Command of Her Majesty's Land Foices, has assumed the entire Military Authority and Conmiand over the Troo])s ; that he is also in connnand of the Militia; and that the Connnissary (ieneral at Quebec has communicated to the Officer in charge of the Commissariat here, that, consistently with the Rules of the Service, no Expenses can be allowed luiless sanctioned by the Authority of the Military Connnander, upon whom the Protection of the Province has thus necessarily devolved. The Lieutenant (Jovernor takes this Opportunity to comnnmicate to the House of Assend)ly, that having had the Misfortune to differ from Her Ma- jesty's Government on One or Two Points of Colonial Policy, he felt it his Duty, on the lOtli of Sejjtendjer last, res])<'ctiidly to tender to Her Majesty' Principal Secretary of Stale i"or the Colonies the Resignation of the importaii :uit Station which lor u short Time he has hud the Honour to hold in this Pro- vince. Hi.. eparation of the d to very unfor- tliey a.e by no requisit" to give not alw. ys to be extreme Regret short a Time in particular Points of Her Majesty's ur Resignation; I has its pofitical Ministers of the )ire, owes to your Avowal, upon all itive of a British ilency has never II to Exi)ediency ent, in a Moment i Province to our for its brave and jing Policy shall it they need not h Constitution, it ly, and will have I permanent Tran- ; the Regret with of your respected vernment of this tion to yourselves II would be made ijjpease but the Council will ever nsion which they se with your Ex- if general Regret [■e. IHINSON, Speaker. jly, that in consc- oign iMiemy. and ter, the OfliVcr in 10 entire Military n command of the nmunicatod to the ly with the Rules hy the Authority ' the Province has itnmunicate to the ffcr from Her Ma- )liiv, he felt it his U) Her Majesty's 1 of tiie important I iiold in this I'ro- Hi. 1 ON THE SUBJECT OF CANADA. 465 ;i8. .inclinuref. His Resignation having been graciously accepted, the Lieutenant Governor No. C3. has to infoi-m the House of Assembly, that he Yesterday received ofhcial ^'' ^ "• *'""* Information tiiat Her Majesty has been pleased to appoint Sir George Arthur Lord ("lenelg, to be Lieutenant Governor of Upper Canada, and that His Excellency may 22(1 January m be expected to arrive here -n a few Days. Under the peculiar Circumstances in which the Province is at present placed, the Lieutenai:t Governor feels confident that the V "ise of Assembly will re- joice with him at the a])proaching Arrival of an Ofi,>.or of high Character and considerable Experience, whose Rank in the Army will enable him to combine the Military Command wiui the Civil Government of this Province. Government House, 15th January 1838. iHl!! To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of LTpper Canada, &c. &c. &c. May it please your Excellency, We, Her Majesty's dutiful and loyal Subjects, the Commons House of Assemb y, in Provincial Parliament assembled, humbly thank your Excellency for yoi.r Excellency's Message of the 15th instant, communicating to this House, that " in consequence of this Province being invailed and assailed bv a " Foreign Enemy, and being the Scene of actual Military Operations, Colonel •' Foster, the Officer in command of Her Majesty's Land Forces, has assumed " the entile Military Authority and Coininaiul over the Troo})s ; that he is also " in command of the Militia; and that the Commissary General at Quebec has communicated to the Officer in charge of the Connnissariat here that, con- sistently with the Rules of the Service, no Ex])enses ran l)e allowed unless sanctioned by the Authority of the Military Commander, upon whom the Protection of the Province has thus necessarily devolved." In reference to this Subject, we can only express our earnest Hope that this Regulation, which tiie Rules of the Service appear to have rendered necessary, may in no respect impair the Efficiency of the Operations hitherto |ilanned :uh1 directed by your Excelh^ncy with so much Success for the Preservation ; nd Defence of the Province against the Attack of foreign and domestic Enemies. We are further informed by your Excellency, that having had the Misfortune to differ from Her Majesty's GovernnKiit on One or Two Points of Colonial Policy, your Excellency felt it your Duty, on the U)th of September last, re- spectfully to tender to Her Majesty's Priiicipal Secretary of State for the Colonies the Resignation of the import, nt Station which for a short Time your Excellency has had the lloiioiir to hold in this Province, and tiiat your Excellency's Resignation had been graciously accepted. When this Housi; recalls to Recollection the Events of your Excellency's Adiiiinistiation of the Affairs of this Province, the univers; "lespect and Confidence with which you are regarded, arising from your Y,\ .llency's firm and uncompromising Adherence to the Priiicijiles of the Constitution, and which has afforded to the Inhabitants of this Colony various ()p})ort unities of proving, not by Words nieriily, but by Acts the most convincing and undeniable, their firm unshaken Loyalty to their Sovereign, and their Desire to in liiilain (heir Coimexi'di with the Parent State, in contiacliction to Assertions and Insintiations of a contiary Ten- dency, we cannot but view with Aluiin the Disclosure now made, that your Excellency has felt yourself called u})()ii to resign the Administration of the Government on theCiroimds stated in your Excellency's Message. If your Excellency's Measures and Policy have not given Satisfaction to our Gnicions Queen, we are driven to inquire, in the most humble and respectful but solemn Manner, what Course of Policy If is that is exnected by Her Ma- jesty from Her Majesty's Representative in this j'rovltice i* Deeply impressed with the Duty of Submission to the constitutional Exercise of the Royal Prerogative, we do not question the Right of the Sovereign to select Her Re- presentatives in (his or any other Colony of the Ein])iie ; but we nevertheless feel oinx'lves impelled by a Sense o^' Diny, suggested by a Desire to mainUiin (41.) y L i our 45G DESPATCHES FROM Sill V. B. HEAD, Bart., No. 6. Sir F. B. to Lord <.l.- L'.M .T» i . . Head '■;8. our AUepianrc, (...-id which, on our Part, can never be laid aside or forgotten ) !' inlt'y but earn'^jtlr and eisipiiatically to declare, that it' any tiling bi' calci- i^ted to shake tlie Attaciunent of Her Majesty's now truly loyal and devoted Subjects to Her Royal Person and Government, it is by Acts of Lijustice, or the Manifestation of ungenerous Distrust, towards Servants who Iiave served the Britisli Nation so faithfully and noblv as your Excellency has done. It will be the Duty of this House, before tli' Close of the present Session, and when more fully informed of Facts, to express more at large the Feelings and Opinions they entertain on this painfully hiteresting and important Subject. In the meantime we beg to assure your Excellency, that this House, and the Peo])lc of the Province, will regard your Excellency's Relinquishment of its (joverniiieiit as a Calamity of the most serious Nature, and which may result in Ditlicidties and Dissensions that cannot be easily repaired or recon- ciled. We however are fully jiersuaded, that the Blame cannot rest with your Excellency ; and while we sincerely and most willingly acknowledge tlie Zeal, Ability, Justice, and honourable Disinterestedness with which you have con- ducted the (lovernnient of this Province, during your short but eventful and arduous Adniinistkation of its Afi'airs, we beg respectfiilly and ali'ectionately to express, on behalf of this Province, our earnest Hope, that your Excellency's Prosperity in tiiture Lite may be commensurate with the Claims, deep and lasting as they are, umou our Gratitude, the Approbation of our Gracious Queen, and the Appla se and Acknowletlgment of the British Nation. H. RtiTTAN, Speaker. Commons House of Assembly, Kith January 1838. 41 'I'o His Excellency Sir Francis Bond Head, Baronet, Knight Com- mander of the Royal Hanoverian Guelphic Order, Kniglit of" the Prussian Military Order of Merit, Lieutenant Governor of llu', Fro- \ nice of Upper Canada, &c. &c. &c. May it please your Excellency, We, Her Majesty's dutiful and loyal Subieets, the Legislative Council of Upper Canada, in Provincial Parliament :.,viiijled, humbly pray that your Excellency will be pleased to transmit lu iiii House Coj)ies of so much of yoiu- Excellency's Correspondence with the itight Honourable the Secretarv of State for the Colonies as relates to your Excellency's Resignation of the Government of this Province, embracing the Matter of Policy upon which yoiu- Excellency had tlie Mislbrtune to ditfer fi-om Her Majesty's Government, so far as the same may, in your Excellency's Opinion, be with Propriety com- municated. John B. Robinson, Speaker. Legislative Council C'hamber, Nineteenth Day of January 1838. His Excellency's Kei'ly. Honourable (Jentlemen, It would afford me th • greatest Satisfaction to transmit to the Legislativr C\,'uni il, according to its (equest, so much of my Correspondence with the ilii^ji.! Honourable the ^Secretary of State tor the Colonies as relates to my Resignation of the (Jovernment of this Pi'ovince, but, afler deliberate Conside- ration, I have come l(/ the Conclusion, that the Pidjlication of these Documents miglit, nider existing Circtunstances, embarrass my Successor, and might he considered as a Violation of ollicial Confidence. So long as I remain in the Sci> ire of Her Majesty's Government I do not consiuer in\. elf jiistilicd in defemling iny own Conduct by any Vindication that may embarrass their Policy. (ioveriuiient House, '2'2d January 1838. ;■ 3 (I ON THE SUBJECT OF CANADA. 457 : forgotten ) iig bo calcn- ind devoted [njustice, or have served IS done. It Session, and t'eelings and Subject. House, and :iuishment of I which may ed or recon- est with your idge tlie Zeal, ou have con- eventful and affectionately r Excellency's ms, deep and our Gracious ation. IJTTAN, Speaker. Knight Coni- Knigh.t ot' the lor of tlu; Pro- fo His Excellency Sir F. B. Head, Baionet, Kniglit Commander ot the Royai Hanoverian Guelpliic Order, Kn.ght of the Frus.iian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, Her Majesty's dutiful ami loyal Subjects, the Commons of Upper Canada, in Provincial Parliament assembled, humbly request that your Excel- lency will be pleased to lay before this House the Correspondence between Her Majesty's Government and your Excellency which induced your Excel- lency to tender your Resignation of the Government of this Province, and also any subsequent Correspondence between Her Majesty's Government and your Excellency on the same Subject. H. RUTTAN, Commons House of Assembly, Speaker. ISth January 1838. His Excellency's Rei'ly. Sir Nc. 6."). t\ B. Head to Lord (ilenelu', J2d Jiiniiary I.S3S. Enclosures. Gentlemen, Nothing at this Moment would be so gratifying to my Feelings as to lay before the House of Assembly the Correspondence between Her Majesty's Government and myself which induced me to tender my Resignation of the Government of this Province, but, after deliberate Consideration, I have come to the Conclusion, tiiat the Publication of these Documents might, imder existing Circumstances, embarrass my Successor, and might be considered as a Violation of official Confidence. So long as I remain in the Service of Her Majesty's Government I do not consider myself justified in defending my own Conduct by any Mndicanon that may embarrass their Policy. Government House, 22d January 1838. i 111! it I) Live Council of pray that your of so much oi the Secretarv of gnation of the icy upon wliicli s Government, Propriety com- .OllINSON, Speaker. tlie Eegislatixi' lulence with the as relates to my lil)erate Conside- these Documents iir, and might he iiiment I do not any Vindication No. 64. (No. 9.) Copy of a Despatch from Sir F. B. Head, Bart., k.c.h., to Lord Glenelg. My Lord, IVronto, 23d January IS.;S. I HAVE the Honour to acknowledge the Receipt of tlie following Despatches from your Lordshij) on the Subject of the pecuniary Losses I have sustained in administering the Government of this Province; — First, Despatch marked " Private," dated 22d September 1837. Second, Desi)atcli No. 234., dated -Hh October 1837. Third, Desi)atch marked •• Private and Confidential," dated Itli October 1837. My Lord, my Case, as detailed in my various Despatches on this Subject, it, so plain that I really feel unwilling to re))eat it. Your Lordship is aware that I accepted this Government against my incli- nation aiul against my Judgment Before I lelV England I explained at great Length to Mr. Stephen, and laconically to your Lordship, that I was su;e 1 should not be able to maintain myself here with less Means than my Prede- cessors, wiio one .ifler another had found the Influence they possessed insufficient lu buoy then: . ;., The \ery Moijicnt I arrived here I found that my Predictions were vcriricil hy Sir .John »"'olborn.''i arithmetical Account of iiis Expenses, and I thercfon?, a; explicitly as ' co i'a write it, begged respectfully either to be furnished with additional Means or tn ht recalleil. To this Applicatioi. your Lordship, in your Despatch No. 41., dated 2d IMarch 1836, after ailmilting i' it " my annual Income ought at the very least to cover " mv annual Expenditure," made me a distinct Promise; namely, that "if after \4.J,) 3 M " " asufficimt No.fi4 Sir F. II. Head to Lord Glenulji, 2,jd .lamiarv 18.*8. Vii 1 458 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 64. Sir F. H. Head to Lord (ilenelii, 2:Jd Janimrv 1833. " a sufficient Length of Observation it shall be established to my Satisfaction " and your own tliat my oflRcial Income is inadequate to the Demands to which " my Office reasonably subjects me, you shall think it your Duty, not for my " sake, but witli a view to the permanent Interests of the Public at large, to " stipulate for the necessary Increase, as a Part of that Civil List for which His " Majesty's Hereditary Income is to be surrendered." My Lord, this Arrangement was not as satisfactory to me as I believe it was intended to be ; f()r as my Aide-de-camp drew my Income, paid it away, and only came to me to su])jily out of my private Funds the Dericiency, I felt it was hopeless to be trying Kxperinicuts against Facts such as I had submitted to your Lordship, or to ruin myself in contending against Arithmetic ; iiowevcr, mv various Applications for llelief were overlooked by your Lordship, by whom I was allowed to sink Day after Day, Week after Week, Month after Month, anil Year after Year, deeper and deeper into Debt, until, after a Lapse of nearly Two Years, instead of fulfilling the Arrangetr.ent which had been made, which was " to stipulate for necessary Increase, as a Part of that Civil List for which " His Majesty's Hereditary Revenue is to be surrendered," your Lordship, in your Despatch No. 231.., left me to struggle with the Provincial Legislature, your Lordship merely observing, that " you should be ha})py to find that they '• were not indisposed to enter on the Consideration of my Claims." Your Lordshi]) refi;'rred me also to the Legislature for Indemnifications for Furniture for the public Rooms in GovenuTient House, which I had been forced to purchase and pay for Two Years ago ; and, besides this, your Lord- shi]) informed me that the Passage Money ana travelling Expenses of my Family from London to Toronto were not to be repaid to me. AVith respect to my apj)ealing to the Provincial Legislature in the Terms you propose, I nm sure your Lordship will feel, that, situated as I now am, it would be neither politic nor decorous. Nothing therefore remains for me but respect- fully to cir.im from your Lordsliip as my due Payment of — 1. T.ie travelling Expenses of my F.-mily, Carriage, and Bautage to Toronto .^500 C. Diflorence between my Income and Expenditure from 23d November 1835 to 23d January 1838 - - 2,000 3. Travelling Expenses of myself and I'amily to England - 450 .^2,950 *t Whatever may iiave been my Conduct with respect to refusing to place Messrs. Bidwell and Ridout on the Bench, I have laboured hard for this Country, and to be refused the bare Expenses I have incurred is Treatment which I never expect I shall receive from Her Majesty's Government. I have, &c. The Right Hon. Lord Glenelg, F. B. Head. he. t:c. &c. Nn. G5. Sir F. IJ. Head to Lord (ilent'lf.', ■J6ili .Iiiiniiirv Ih;{S. III No. 65. (No. n.) Extract of a Despatch frnn Sir F. B. Head, Bart., k.c.ii., to Lord Glexelo. Toronto, '2(itli Jiinuary 1H:)^|. T HAVE the Honour to acknowledge the Receipt of your Lordship's l)esi)atch No. "^'17., dated 21th November 1837, in which you inform me that Her Majesty has been graciously pleased to accept my Resignation, and that my Successor will proceed to Upi)er Canada with *lie least jjossible Delay. As 1 had not only tenilered my Resignation, iiut had deliberately refiised to carry into effect the Conunands 1 had received fiom yoiu- Lordship resjiectiiig the Restoration of .Judgi- Ridout to the Oflices fiom nliic'! I had removed him, and respecting the Elevation of Mr. Bidwell to the Bench, I was (juite prepared to have received from 1 h-r Majesty's CJovermnent with the utmost Submission the above Communications, and I can truly assure your Lordship that, expecting they Po/ii. I wliic Bene to t Judg stron havir throi v.a.s to th carrii ON THE SUBJECT OF CANADA. 459 my Satisfaction ntiands to which ity, not for my :>lic at large, to t for whicli His I believe it was I it away, and cy, I felt it was II submitted to letic ; iiowever, dship, by whom h after Month, Lapse of nearly ■en made, which il List for which )ur Lordship, in :ial Legislature, to find that they •ims." jmnifications tor ich I had been this, your Lord- Expenses of my n the Terms you low am, it would L- me but respect- and from ^500 - 2,000 450 £'■2,950 refusing to place red hard for this •red is Treatment /ernment. [ have, &c. F. B. Head. to Lord Glenelg. I, 26th Jamiiiiy 1H;!S. .ordship's Despatch 3\m mo that Her at ion, and that my ble Delay, iberately refused to .ordshi)) respecting 1 had removed him, was (piite ])reparcd most.Sid)missiontlic ihip that, expecting tliey a 1 they would have been delivered to me without Comment, I was also not only Nd. (io. prepared but desirous to have expressed to your Lordsiiip and to Her Majesty's ^"' ^- ^- H^'"' Government my deep Regret at having from a Sense of public Duty been ^^^.j (jl^n^i,,, obliged to place myself in opposition to their Wishes. I Mas further prepared 26ih Jammry IMS. to have begged your I^ordship to pardon any Expression whic.i in the con- scientious Kesistance of your Lordship's Policy 1 might inadvertently have made use of, and to be assured that it had never been my Intention or Desire to appear wanting to your Lordship in Respect for your private Character or public Sfcition. Tliese Feelings I continue to entertain. But your Lordship's late Communi- cation having cou])led the Acceptation of my Resignation with certain Remarks, I feel it due to the Station I yet hold to record the requisite Explanation, ))articularly because it is evident to mo, from the Ingenuity of the Extracts quoted in your Despatch, that they have been selected, dovetailed, and then brought before your Lordship's Consideration by some Person of considerable Ability and Experience in what is commonly called " Special Pleading." 1. In your Lordship's Despatch it is stated, '• With the solitary Exception " of the proposed Surrender of the Territorial Revenues, I had not from the " Commencement of your Administration until my Receipt of your Despatch of " the loth September 1837 the slightest Reason to know or to surmise, that " among the Measures prescribed for your Adoption in my original Instruc- " tions there was any one to which yon did not cordially and completely sub- " scribe ;" j'nd your Lordships adds, " if therefore the Contrast which you " declare to have existed between your Policy and mine has really prevailed in " reference to the specific Measures indicated by my original Instnictioiis, I " can only state that my Ignorance of the Fact has been as unavoidable as it '• has been complete." In order to su})])ort this View of the Case, which of course tends to show that I acted irrationally in tendering my Resignation, a few Extracts are selected from Two or Three of my Despatches, in which it is perfectly true that I distinctly avowed my Approbation of the original Instructions which on my Appointment I had had the Honour to receive from your Lordship ; never- theless, notwithstanding this Avowal, the whole Series of my Despatclies con- tinuously prove that I much more explicitly avowetl my Disapproval of your Lordship's Polirij ,- and though I did not presume to blame your Lordshi]), yet I feel tiu.t I have Reason to complain that Extracts showing my Approbation of my Instructions are quoted against me in your Lordship's Despatch, for the apj)arent Purpose of convicting me of having expressed my Approval of your Policy, whereas the Disagreement which existed between your Lordship and myself (not resjiccting my Instructions, but the Impolicy of ConciHation) has never subsided for a Moment since the first Day of my Arrival in this Province. I could quote from my Despatches, if it were necessary, a Series of Extracts which would indisputably show that from the Date of the Elevation to the Bench in Lower C'anada of the Author of the Ninety-two Resolutions down to the Period of your Lordship's [irojiosed Restoration in this Province of Judge Ridout, and of the jiroposed Elevation of Mr. Bidwell, I opj)osed in the strongest possible Terms tlic fiital System of Conciliation ; and far from my not having differed from your Lordship, I am sure it must have been notorious throughout the British North American Colonies, and even in England, that I was in this Province openly pursuing a Course of Policy diametrically ojiposite to that which was theoretically advocated by the Colonial Office, and practically carried into effect in Lower Canada. It is true, that on beinp; supported by the People of Upper Canada, and on gaining, by a Dissolution of the Provincial Parliament, an overwhelming Con- stitutional Majority in the House of Assembly, I felt it proper, on the common • • * • t Principle of ofHcial Courtesy, to ascribe t A ftw Words have been oniiued here nt the Requeat of Sir F. B. Head. (41.) li M 2 'fill' the 1 1 460 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 65. Sir F. n. Head to Loril (ileneig, ;2Gtli Janiiarv 18;it<. the whole Credit of tlie Victory to the Instructions (not tlie Policy) which had emanated from Her Majesty's Government, but I certainly did not expect that tliis Compliment 'vould ha\e been quoted against nie with a view to show that your Lordship had rcceiveu no Notice or Warning that I was hostile to the I'olicyofHer Majesty's Govermnent, until you were suddenly embarrassed by the lleceipt of my unexpected Resignation dated lOtli September 1837. 2. Your Lordsiiip's Despatch next proceeds at great Length to show, " that " there is no one of my repeated Acts or Proceedings in which the general *• Interests of the Province were Involved which has not received your " Sanction." Your Lordship's Despatcli supports the Assertion by Quotations from your own Desj)atches, which, as far as the Words go, clearly substantiate the Fact ; but your Lordship's Despatch has omitted tlic Dates, which, had they been quoted witii the IVords, would have proved the Accuracy of my Com- plaint, which was, not that Support had been altogether denied me, but that it had been withheld from me during the various Struggles in which I have been involved, and as Lord Chesterfield granted it to Johnson, only bestowed wiien Success iiad considerably impaired its Importance. I have before me a Quantity of miiuite Evidence on this Subject; but casting it aside, 1 apjjcal at once to the English Government Newspapers and to the Journals of the House of Commons, both of w hich will prove, I am sure, to any unprejudiced Person, that ever since my Arrival in this Province a most remarkable Silence has shrouded every Victory which I have gained over the Republicans ; and as one Instance of this discouraging System, I may observe, that Mr. Hume was allowed on the Floor of the House of Commons to act in the fictitious Character of accredited Agent or Representative of the People of Upper Canada long after Her Majesty's Government were in official Possession of my Despatch concerning a Report from the House of Assembly which in the strongest possible Terms roi)udiated Mr. Hume, as well as the treasonable Language which he had addressed to Mr. Mackenzie, for whose Apprehension as an absconded Traitor the Sum of 1,000/. is at the present Moment oflered by the Executive Gov(,'rnment of tiiis Province. As the above Observations will, I conceive, sufticiently prove, what in British North America is perfectly notorious, namely, that in the arduous Struggles in which I l,ave been engaged here I have not. received from Her Majesty's Govern- ment opj rrtime Support, I feel it unnecessary to notice the particular Cases of CaptiiinMacaulay, the Executive Council, the loyal Addresses, the Speech from the Throne, and Mr. Sullivan's Ap])ointment, which are adverted to at great Length in your Lordslii{)'s Des])atch, and which I can assure your Lordshij) would appear to you under a very different Asj)ect were I, by a projier Adjustment of Dates and Facts, to lay these Subjects fairly before you ; I will therefore at once proceed to the Case of the Non-confirmation of the Appointment of Her Majesty's Attorney and Solicitor General, which in my l^espatch of the '20th September I so seriously complained of. Your Lordshijj's Observations on this Subject in your late Despatch require but little Reply, as it appears that all I complained of is in fact admitteil by your Lordship, that is to say, you admit tliat both these inq)ortant Appointments were suspended merely because "a Member of the General Assembly of the " Church of Scotland had transmitted for my Intbrmation certain printed " Resolutioiis of the Presbytery ut'that Church in Upper Canada, which Reso- " lutions represented that in the Session of 1830 Mr. Hagerman had in his " Place in tiie House of As.sembly of Upper Canada held Language and " pursued a Line of Conduct higiily hijiu'ious to the Character and Interests •' of the Scotch Church, and in direct 0})})osition to the avoweil Policy and " recorded Opinions of the Ministers of the Crown." It lias now turned out that your Lordsiii|)'s solitary self-interested Informant (a Scotclunan whose Accusations were founded on ,>ome Extracts he had read from a most profligate Newspaper) was in Error ; but even had he been right, I respectfully re])eat and maintain, that so long as a Colony has a Pro- vincial Legislature which can read, write, and speak for itself, no i)i'ivate Individual who gets worsted in a religious Squabble should be allowed to arrest, in opj)osition to the Recommendation of the Lieutenant (Joveruor, the Promotion of both Her Majesty's Attorney and Solicitor General until they can publicly vindicate themselves from the poisonous Accusation which the •5 secret ON THE SUBJECT OF CANADA. 461 has been allowed to pour into the Ear of the Colonial secret Informer Minister. The Attorney General (Mr. Hagerman) is known at your Lordship's Office to be a staunch uncompromising Supporter of British Principles, and I have no Hesitation in repeating that the marked Indignity wliich he and the Soli- citor General have received has had a bail moral Effect. 3. With reference to the Reception whicii was given at yoiif Lordsliii)'s Office to the Solicitor General, the Honourable William Draper, who as a Member of my Executive Council was esjjecially despatched by me to your Lordship to exi)lain the Views which the Executive Government here took in oi)positioii to the departmental Conduct of Mr. Dunn, (who was consequently exactly the last Individual in the Province whom it would have been proper to' have selected for sucli u Mission,) I Jiave only to inrbrm your Lordship that Mr. Draper, whose mild inoffensive Character and sound constitutional Prin- ciples are highly admired here, on his Return to Toronto from Englanil, con- fessed to me, rather than complained, that in the course of his Life-time he had never had so much Difficulty in suppressing his Feelings as onhisfiist Interview with your Lordship's Under Secretiiry, Mr. Stephen, whose whole Manner towards him was not only repulsive but highly offensive. Had Messrs. Dunn and Draper been mere private Individuals, the Eulogium which your Lordship's Despatch passes on the former and the Neglect which was shown to the latter would interest no one ; but while Mr. Draj)er appeared at the Colonial Office as a Member of my Executive Council, and as an Individual devotedly attached to constitutional Principles, Mr. Dunn appeared there recorded as v-ne of the Five Members of my late Executive Council who shortly after my Arrival had made an Attack upon the Constitution, which, being immediately backed by the then House of Assembly, obliged me to dissolve the Parliament and appeid to the People (who supported me), wliicii had the Effect of discarding Mr. Speaker IHdwell and the other Re])ublican Members from the House of Assembly. It was also recorded in your Lordshij)'s Office that Mr. Dunn had been named with jNIr. Bidwell, Mr. Pa])ineau, and others of the same Politics, as Commissioners for an Object which, thougli artfully veiled, was very generally and naturally here believed to be revolutionary. Under these Circumstances, surely, it nuist be evident to your Lordsliip that it would ha\-e appearetl a Measure of Conciliation highly off'ensiv . to my Council, had I, as Lieuten mt Governor of this Province, selected Mr, Dunn as the Individual in U})per Canada most worthy of my Confitlence ; and it certiiinly remains for whoever may have advised your Lordship on this Subject to exjjlain why, when all these Facts were recorded in the Colonial Office, your Lordshij)'s Despatch should persist in giving so decided a Preference to Mr. Dunn at the Ex))ense of Mr. Draper, a l;>yal Member of my Executive Council, whom I had especially desi)atched to your Lordship to explain the precise Views of the Executive Government, of which he officially was cognizant. With respect to th^ Despatches on the Subject of Mr. Draper's Mission, wliich were given to Major Bonnycastle instead of to Mr. Draper, (although it was known at the Colonial Office that both these Gentlemen were to sail for New York in the same Packet,) your Lordship states, " I fidly intended " to make Mr. Draper the Bearer of the Despatches in question. With tiiat " view he was requested to attend at this Office ; he proiuised to do so ; but " from Causes unexplained and unknown to me ]\Ir. Dra])er left luigland " without presenting himself at this Office, and the Employment of another " Messenger was therefore a Matter of inevitable Necessity." If the united Testimony of Mr. Draper and of Major Bonnycastle be correct, your Lordship's obliging Intentions towards Mr. Draper have been frustratoti in a Manner which I think it but proper that your Lordship should be nuule acquaintetl with. Mr. Draper admits that by Ajjpointnient he was to have called at the Colonial Office on the Day before the Packet sailed j that he did call accordingly, but not at the appointed Hour. (il.) 3M 3 M.ijor i\ ). 1)5. U. tlcaii to Lord (ileneli;, !(iili Jiiiiimrv 18.38. 'nl' ::lN 4«2 DESPATCHES FROM SIR F. B. HEAD, Baht., Nil. (io. Sir F. U. Head to Luril (ileneii:. .i Major Bonnycastlc, Iiowevcr, states, that your Under Secretary Mr. Steplieii told liim, Two or Three Day^ previous to the saiHii^ of the Packet, tliat lu' Major Honnyeastic would be the Bearer of the l)esj)atelies ; that he accordingly asked Mr. Murdoch (a Clerk in your Lordship's (Jffice, who he was informed had Charge of the Upi)er Canada Correspondence) for them ; that Mr. Murdoch told him that the l)esi)atches would not be given to him ; that he (Major IJonnv- castle) went and told Mr. Stephen what Mr. Murdoch had siiid, upon which Mr. Stephen sent for Mr. Murdoch, and in his Major Uonnycastle's Presence told Mr. Murdoch, very angrily, that he Mr. Murdoch ought to obey the Instructions he had received, and that he was to give the Despatches to Major Bonnycastle. 4. I will now proceed to the Two ])rincipal To'^'-'s in your Lordship's Des- Satch ; namely, my Refusal to raise Mr. Bidwell .o the Bench, or to restore udge llidout to the Offices from which I had removed him, and my consequent Resignation. My Lord, I had not been a Fortnight in this Country when your Lordsiiip wrote to me, suggesting t()r my Consideration, " that it would be a ^•cry judicious Act on the Part of tiie (jovernment to place in Stations of Trust and Honour Two Cientlemeii of U])per Canatlu (Mr. Rolj)h and Mr. Speaker Bidwell), who had been represented to you as among the most able, popular, and estimable .Men in the Colony." The Recommendation submitted by your Lordship for my Consideration was " that Mr. Rolph should be a Member of the l^xecutive Council and Mr. Bid- well be ])laced on the judicial Bench." 5. With respect to Dr. Rolph, the first Lidividual mentioned to me by your Lordship as a Person whom it might " be a very judicious Act on the Part of the Government to place in a Stiition of Trust and Honour," I feel it only necessary to state, that next to Mr. Mackenzie Dr. Rolph has been proved to have been the most insidious, the most crafty, the most bloodthirsty, the most treacherous, the most cowardly, and, taking his Character altogether, the most infamous of the Traitors who lately assailed us. After having been the Person who fixed the Day on which Toronto was to be attacked, lie hyjiocritically undertook to be the Bearer of my Appeal to the Rebels to ivoid the Lffiision of Human Blood ; and it has actually been ])ioved before the Com- mission which is now investigating this treasonable Affair, that aftt r Dr. Rolpii and Mr. Robert Baldwin had delivered this Message from me, il)e i.irmtr went aside with Two of the principal Traitors and diabolically recommeiuled them to come innnediately and attack the 'I'own. I will only add, that Dr. Rolpli's Consciousness of the Part he had acted prom])ted him to fly to the United States, before any Idea was entertained of arresting him, and on the Momcni it became evident that the traitorous Attack he had jilanned would not siiccecil. As a fugitive Traitor his Seat in the House of Assembly has just been declared void, with only Two dissentient Votes, which merely disagreed on a Question of I'orm. (i. With respect to the other Individual (Mr. Bidwell) mentioned to me by your Lordship as a Person whom it might " be u very judicious Act on the Part of the Government to jjlace in a Station of Trust and Honour," it is certainly remarkable that within less than a Month from the Date of the aboxe Recom- mendation jotli he (Mr. Bidwell), the former as Speaker, and Dr. Rolph, the latter as Executive Councillor, joined in perhaps the most ferocious Attack that ever was made by any Council or House of Assembly upon the Lieutenant Governor of the Colony, The grossly insulting Language which was iiseil against me, every Word of which has long ago been transmitted to your Lordship, is I maintain without Precedent ; and although your Lordship did not support me during my Conflict with these Persons, yet when it was decided in my Favour you did not hesitate te approve of the Resistivnce I had made against their violent Aggression upon the Constitution of this Province. Nevertheless, notwithstunding Mr. Bidwell, in consequence of his Republican Doctrines and of his avowed Connexion with Mr. Papineau, was publicly driven not only from the Speakership but from the House of Assembly itself'. and notwithstanding that in my Despatch No. 41., dated 5th April 1837, I voluntarily (I Ev( Effect in thi^ The cemb last tl Gallo fell ii brou^ upon ON THE SUBJECT OF CANADA. 4G3 ir," it is certainly voliintavily explained to your Lordship why I could not conscientiously place f^'" <''* him on the Bench, yet, with all this Mass of Evidence upon your Mind, your ^" *■ '*■ *^'*^"'* Lorilship deemed it advisable deliberately to inform me, tliat it was the Wish Ly^,| (jitiieii-, of Iler Majesty's Government that the Situation of Judge of the Court .'tiih Jumirv \6'Mi. of the Queen's Bench should, in case of an expi'( ted Vacancy, be ottered to Mr. Bidwell I In \'indication of this Ai)pointment your Lordship's late Despatch states as follows: " I confess that it did not appear to me tit that luulcr such Circum- ,' stances he (Mr. Biilwoll) should be punished by a permanent and irreparable ,' Ineajjacity for a I'romotion to which, on the (j rounds of jirivate C^haracter, ' no ()biection could be raised, and to which, on the (irouiuls of professional '' Eminence, he had the highest pii.vsible Title. It appeared to me dangerous, " or rather impracticable, to govern the Province on the Principle of aProscrip- " tion of f/ie irhnle ofune large Body of the Inhabitants." What where the Dangers which your Lordshij) apprehended ? What were the Principles upon which your Lordship proposed to govern the North American Colonies ? And why your Lorilship designated the small Band of Traitors, whose Conspiracy has lately been exploded without tlie Assistance of a single Soldier, " ///(' witide ofone lurgf liodi/ of the Inluibilant.s" I will not jjresume to encpiire, but will simple state the following Fact. Your Lordship's Communication to me of the Desire of Her Majesty's Government to elevate Mr. Bidwell to the Bench reached me on the Lst of September last, just Two Days after Mr. Biihvell had addressed a Letter to Dr. O'Callaghan, (a Traitor for whose Aj)preliension a Reward of £.^00 has been offered by Lord Gostbnl,) which was published in his own Newspaper, and of which the tbllowing is an Extract : — " Retired from public Life, probably for ever, I still look with the deepest " Interest and Sympathy on the Efforts of those who are actively contending " for the great Princii)les of Liberty and good Government." " Your great and powerful Exertions in the Cause of Liberty and Justice I " have noticed with .Vdiniration and Respect, and I look with deep Interest on " tiie Struggle in Lower Canada between ir . B. Head. ^).j,^.j. .^j^^,^ ^^^^ Departure fVoni Downing Street of your Lordship's Despatch L,ird (iieiiclg whicli, in reply to my Declaration that so long as I continued to be Lieutenant -'6ili Junimry I8.'5K. Govoriior ot Upper Canada I would never raise Mr. Bidwell to the Bench, inlbrined me, " that Her Majesty's Ministers have, after the fullest Deliberation, " thought it their Duty to tender to the Queen their Advice that your Resigna- " tion should be accepted." I beg leave to place these Facts on Record without a Comment. 7. It gives me Pain to reply to that Part of your Lordship's Despatch which relates to my Refusal to restore Judge Ridout to the Offices from which I had removed him. The Desjiatch says nothing in favour of the Judge's Proposal to tar and feather me ; nothing in favour of his whole Course of j)olitical Mis- conduct ; nor does it in any way oppose my Opinion, or the Opinion of the Executive Council, that Judge Ridout was not a proper Person to be allowed to continue in Office under the British Government ; but the Despatch clings with inexplicable Tenacity to a Fact which I have always fully admitted, namely, that I disclosed to Judge Ridout only a Part, instead of the Whole, of the Reasons for which I had felt it necessary to inform him that His late Majesty had no farther Occasion for his Services ; and because I adopted tiiis Course your Lordship declares, •• it was im])ossible for me to advert to any " other (Jrounds of Accusation than that which had been made known to •' Mr. Ridout as the Cause of his Dismissal." Even in jjcaceful Times I am not aware that it is always usual to satisfy every public Servant of all the Reasons for which his Services are no longer required ; but in a Moment of Mutiny, or on the Ev-^ of a traitorous Insurrec- tion, such as I have just quelled, any Man who understands how to wield Power knows, that a well-timed and unexpected Display of just Authority inviu'iably efll'cts most striking Results. This Result was strongly exemplified in my Dismissal of Mr. Ridout, which so effectually checked the Insults the Republicans were preparing to offer me that it rendered it almost unnecessary for me again to defend myselfj whereas in Lower Canada the conciliatory or enduring System of Her Jvlajesty's Go- vernment was exercised until the Royal Gazette suddenly teemed with Dis- missals, which, however, were too late to produce any thing but the most insulting and disreputable Replies. My Lord, I submit to the candiil Consideration of your Lordship, that my Administration of the Government of Upper Canada had not autiiorized Her Majesty's Government to consider me as an arbitrary or vindictive Man ; there was therefore no Reason to presuppose that I had acted without Reflection in any Dismissal I iiad effected, but Mr. Ridout's Case, as it lias been detailed to your Lordshij), jiroves that his Dismissal was decided on by my Judgment, and not by my Passions ; for there was not the slightest Occasion that I should have consulted either the Attorney General or the Executive Council on the Subject, and the very Fact of my having done so proves tliat I was desirous to be guided by Reason and Justice. As I have already stated to your Lordshijj, Mr. Ridout's Republican Friends» fancying that his Dismissal might, in a City where almost universal Suffrage Iirevails, secure his Election as an Aldennan, tried the Experiment and failed } le has never ventured to petition even the House of Assembly on the Subject; and I feel, I may say, that every Man of Respectability in the Province, who is cognizant of the Facts, is conscious that Mr. Ridout's Dismissal was not only a just but a necessary Measure; and 1 have only to add, that in the late Insur- rection, which has tested all Men's Princi})lc.s, Mr. Ridout is almost the only Individual of a respectable Family who has not either taken up or declared himself ready to taVe up Arms to put down Insurrection, or to repel the perfi- dious Invasion of this Province by American Citizens. n< ' mr-A ' *<" .. >> ON THE SUBJECT OF CANADA. 465 No. 66. CNo. 12.) Copy of a Dkspatcii from Sir F. B. Head, Bart, k.c.h,, to Lord Glenelg. Jkly Lord, Toronto, 30th January 1838. I HAVE the Honour to inform your Lordship tliat since the Evacuation by the Pirates of Navy Island and of Bois Blanc Island, of tlie Capture of the Caroline at Schlosser and of the Anne Schooner off Amherstburgh, our American Enemies have gradually retired from the Frontier. Van Ranzalaer, the Captain of the American Firates, has, I am informed, returned to his Father ; Mackenzie has retired to Rochester, where he intends, it is said, to become Editor of a Newspaper ; and the unprincipled Gang of Ruffians who had undertaken to republicanize this noble Province being now out of Work are, I am glad to say, ])illaging the Citizens of Buffalo. I am happy to inform your Lordship that the Hatred and Detestation which exists in the Breasts of every loyal Subject in Upper Canada towards Americans and American Institutions is incurable, and that Upper Canada will never forget that in the Moment of its Adversity the most dangerous and the most vindictive of its Enemies were its Friends. The Executive Council have concurred with me in Opinion that I might at once effect a considerable Reduction in the Militia Force now under the Direction of Colonel Foster ; indeed I have no Hesitation in saying that were I to remain l^ore I would at once send the whole of the Militia to their Homes, because I am confident that the Causes which called them into action have ceased to exist, and that it is now nothing but Fear which keeps up Forces on tlie Canadian and American Frontiers. Considering, however, that my Successor will arrive here a total Strai'ger, I think it advisable, and perhaps in the End economical, that he should at first have too much rather than too little Support ; for as soon as he feels his Strength he can then of his own Accord exchange physical for moral Influence. Under these Circumstances I have determined to keep up nearly the whole of our present Force for the few Days that will elapse until Sir George Arthur's Arrival ; the Expense is trifling in comparison to the Advantage, and I trust that your Lordship will approve of the Arrangement. I have, &c. No. 66. Sir F. B. Head to Lord Glenelg, 30tliJnnu»rjlS38. The Right Hon. Lord Glenelg, &c. &c. &c. CSigned) F. B. Head. If i 1 I 1 I f I 1 ; ; ll- . 1 ! No. 6/. (No. 15.) Copy of a Despatch from Sir F. B. Head, Bart, k.c.h., to Lord Glenelg. My Lord, Toronto, 9th February 1838. In my Despatch of the 10th of January, which contained a Copy of m^^ Com- munication to Mr. Fox at Washington respecting the Capture of the piratical Steam Boat the Caroline, I had the Honour to mention to your Lordship, that in iusticc to Captahi Drew of Her Majesty's Royal Navy, and the other Otticers and Men engaged in the Service alluded to, I should feel it nw Duty to bring their Conduct before the especial Attention of Her Majesty's Government. It is proper, however, I should previously inform your Lordship, that as soon as I foinid that this Porticm of the British Empire was perfidiously attacked and invaded by American Citizens under American Leaders termed "Generals;" that Artillery and Muskets were brought against us from the State Arsenals ; that Navy Island, belonging to Her Majesty, was actually seized by Americans; that Batteries were formed there, from which Shot were fired for many Days upon the inoffensive Inhabitants of this Provhice, (41.) 3 N and No. 67. Sir F. B. Head to Lord (ilenel^, 9th Feb. 1838. Ui '! 466 DESPATCHES FROM SIR F. R. HEAD, Bart., ¥ No. 6". and that tlie Island was regularly su])))lied by Boats from the American Shore Sirt. B. Head with Provisions and Munitions of War, 1 approved of the Ileconnnendation Lord Glenelfr, of Colonel Maenab, commanding the Exjjedition on the Niagara Frontier, that SihFeb. IMS. a Naval Force or Flotilla umler Officers of Experience should be constituted; and feeling it would be unjust that in the Name of Her Majesty I should require Naval Officers to leave the back Woods into which they hail retired without recognizing them in the prott'ssional Caj)acity in which 1 liad espwially called them into action, I directed my Military Secretary, Colonel Strachan, to A.20tliDec. 1837. tbrward to Colonel Maenab a written Communication, a Copy of which is herewith enclosed, directing him to call upon such Naval Officers in the Pro- vince as he might deem ])roper to select, to afford me their Services, on the Understanding that they wouhl receive their full Pay during the Period they were thus publicly employed by me on Her Majesty's Service. In consequence of the above Communication (which, I at once think it right to acknowledge contiins no Authority beyond what the Lords of the Ad- miralty may, from the Emergency of the Case, deem it proper to confirm to B. 20th Dec. 133". it,) Colonel Maenab called upon Captain Drew, R.N., to collect and command a Flotilla of Gunboats and other Craft, to be immediately fitted out for the Purj)ose of attacking Navy Island. W^hile the Gun Boats were being prepared the American Force under the American Commander, styling himself General Van Kanzalaer, continued Day after Day to fire from Navy Island upon the unoffending Inhabitants of the Niagara Frontier, although not a Gun had been fired on the Part of the British, although the American Forces on our Island were daily increasing, and although a Steam-boat chartered by these Pirates was actually employed in transporting to the Island Munitions of War for the Purpose of aggravating the Insult which, in a Moment of profound Peace, had perfdiously been made by American Citizens u])on Her Britannic Majesty's Dominions. Under these Circumstances Colonel Maenab determined, as an Act of Self- defence, to call upon Captain Drew to capture, burn, or destroy this Steam- boat. Accordingly about l-lleven o'Clock of the same Night ( ) Captain Drew, with Five Boats containing Nine Men each, pushed off from the British Shore, the Boats were commanded by Captain Drew, II. N., Lieutenant Mac Cor- mack, R.N., Lieutenant John Elmslie, U.N., Lieutenant Christopher Beer, Il.N., and Gordon, a Commander of a Steam-boat. The Crew were composed of Volunteers who embarked in total Ignorance of the Service in which they were about to be engaged, Captain Drew's Re- quisition lun ing merely stated " that he wanted a few FY'Uows with Cutlasses •' who would follow him to tlie Devil." As soon as they were clear from the Shore Captain Drew ordered his Fol- lowers to rest for a few Moments on their Oars, and while the Current was hurrying thetn towards the Falls of Niagara which were immediately below them, he briefly exi)lained to the Crews the Duty he required them to perform and the Post respectively to be assigned to each. Silence was then preserved vmtil Ca])tain Drew's Hoat came within Fifteen Yards of the Steamer (which was ob.scurely seen moored to the \\liarf at Fort Sclilosser), when the Sentinel on board in a hurried Manner called out, " Bout nhoj. Boat constituted ; jesty I should ey had retired had espiHiially L-l Strachan, to )y of which is ;rs in the Pro- H'vices, on the lie Period they ;e think it right •ds of the Ad- to confirm to t and command ed out for tlie orce under the continued Day labitants of the t of the British, ig, and although in transporting ting the Insult ide by American an Act of Self- troy this Steam- ) Captain Drew, le British Shore, nant Mac Cor- istopher Beer, tal Ignorance of lain Drew's Ke- with Cutlasses ordL'red his Fol- io Current was mediately below them to perform s then preserved Steamer (which hen the Sentinel hoij 1 tvho comes " on which the c get on board," Hsel boarded her ew to follow him, Assailant on the n, one of \yhom . ew) inuncdiately Pirates, and with ionally hastening e Wharf. By By this Time Lieutenant MacCormar k had boanlcd on the starboard Bow, and it being so dark that he could not recognize the Men he found there, he asked tiiem " i/t/iej/ were Friends or Enemies?" One of them replied, " an Enemy" and immediately firing shot him through the Lefl Arm ; Lieut. MacCormack instantly cut this JNIan down. Several of the Pirates then tired upbn Lieut. Mac- Cormack and wounded him in Five Places, yet in spite of this he effectually disabled another of them, and then sinking from Loss of Blood the Vessel was carried, wiien Captain Drew inunediately ordered a Party of his Men to cast her off. It was, however, found tliat she was moored to the Wharf by Chains from the Bow and Quarter, which it required nearly Fifteen Minutes to unloose. During this Delay the American Guard stationed at the Inn above Fort Schlopen turned out and connnenced firing upon the Assailants ; in consequence of this Lieutenant Ehnslie, U.N., iieading a volunteer Party of Sixteen Men armed with nothing but their Cutlasses, advanced about Thirty Yards towards tliem, and forming in Line they gallantly stood there to protect the Vessel against the American Riflemen until the Chain Cables were cast off. The Crews now retiring to tiieir respective Boats towed the Vessel from the Wharf, but the Current irrevocably drifting her towards the Falls of Niagara, Captain Di"ew, assisted by One Man, set her on Fire, and as soon as she was fairly towed into the Stream, the Assailants finding she was more than tliey could hold let lier go, and giving her Tiu'ee British Cheers they rapidly Silled away for tlieir own Shore while the Steamer slowly glided towards her oom. A small Light gloM'ing within her suddenly burst from her Hold, and in a few Minutes the Pira ;e Vessel, enveloped in Flames, was seen hurrying towards the Rapids, down which she hastily descended, until reaching the Crest of the great Korse-shoe FalU over she went. Your Lordship will imagine better than it is possible to describe the solemn Magnificence of this Spectacle, yet it does not exceed the moral Picture exhibited at the Capture of the Vessel. The Justness of the Cause, the noble Project of the Attack, the Coolness with which it was exixuted, and lastly the Mercy that was shown by our brave Fellows the Moment the Vessel was their own, are naval Characteristics which reflect Honour en the British Empire in general and on this noble Pro- vince ill particular I therefore feel it ni) Duty to request your Lordship to lay niy humble Testimony of tlie Merit of Captain Drew (whose Intrepidity and Generosity are beyond ill Praise) before the Lords Commissioners of the Admiralty, to whose liberal Consideration I beg leave most earnestly but respectfully to recommend I hn. I also feel it ,\\y Duty to bring before their Lordships especial Consideration the Case of Lieutenant MacCormack, who is still lying on iiis Back completely disabled ; and I much fear tiuit One of his Five Wounds will require the Amputation of his Left Arm. This Loss to a Back-woodsman, ujioii whoso manual Labour his Family is dependent for Support, is irreparable ; and I feel confitlent that Her Majesty's Government will consider that as it is higiily advantageous that the Queen should be enabled to call upon the retireil Naval Officers in tiiis Province whenever their professional Services on the Lakes may suddenly be required, so it is not only just but politic, that if disabled they should not be allowed to suffer from Privations, which might tend to deter others from following their noble and patriotic Example. Although Naval or Military OfHcers when called upon by their Government are in no way responsible for the political Consequences of the daring Measures they are ordered to effect, yet I cannot help assuring your Lordship that the Capture of the Caroline has been productive of the most bencHcial Consequences. Before it took place American " ifj/iiipathy " for our absconded Traitors was unbridled and unchecked. The State Arsenals were openly i)huulere(l. Subscriptions were oiienly col- lected. Provisions as well as Munitions of M'ar wore openly supplied j and while Her Majesty's Government in Upper Canada was subjected to enormous Expenses, and while the unoffending Inhabitants of this Province were kept (4L) 3 N 2 in No. 67. Sir F. B. Head to Lord Glenelg. 9th Feb. 1838. ■1 1 • 11 i< • r^^ 468 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 67. Sir F. B. Head to Lord Gleiielg, ,ib Feb. 1838. in a State of painful Anxiety, the Inhabitants of the American Frontier were actually amusing tliemselvcs at our Sufferings, and were even making Parties of Pleasure for the Purpose of inspecting the Preparations on Navy Island. — — — No sooner, Iiovevcr, was the Caroline in Flames than a sudden Excitement prevailed, but it was the Excitement of Fear. The Women fled from the Villages on the Coast, Pcoj)Ie who had fancied themselves bed-ridden de- camped, and the Citizens of Buffalo evinced the greatest possible Consternation for the Safety of their Town. Immense Expenses were immediately incurred by the Americans for the Purpose of Self defence ; and considering how much Upper Canada had been obliged to expend on this Principle, I trust your Lordship will admit that it was salutary, politic, and above aW just, to nake our American Allies participate in the lamentable Consequences of their own Perfidy towards us. Of course there were not wanting those who argued that the Excitement produced by this bold Act of Justice would irritate our Assailants. However, it may be obser\ed that it is impossible to make War palatable to one's Enemy, and that indeed it is not advi.sable it should be so. The Result has now spoken for itself. The Pirates have fled from Navy Island ; their Plan of invading the Niagara Frontier has been abandoned, and our Allies, arrantly a.shamed of themselves, are now merely our Enemies from that odd Principle in Human Nature which invariably makes Men hate and envy those whom their Consciences tell them they have injured. Our Militia Forces on the Frontier have nearly all been allowed to retire to tueir Homes ; but as the Flotilla of Boats requires to be guarded, and as I think it highly advisable that some Officer of Experience should watch the naval C. 7th Jan. 1838. Movements of the Americans, I have directed Captain Drew, by Two Orders D.4th Feb. 1838. (Copies of which are herewith enclosed), to continue his Pendant flying until I shall have had Time to communicate to your Lordship. As the Expense of this precautionary Observation will be very trifling, I would strongly recommend that it should be continued for at least a Year ; for as several Vessels arc now building on the Lake it would be prudent that we should have some one whose Duty it is to ascertain whether any suspicious Alteration is effected in tlieir Structure. Trusting that your Lordship will offer to the Lords Commissioners of the Admiralty my Apology in case I should have given any Orders they may see Reason to disapprove of, and that you will be so good as to lay before them .fi6Ui Jan. 1838. Colonel Macnab's Recommendation in favour of Lieutenant Elmslie, a Member of my Executive Council, to whose Intrepidity I can myself bear Testimony. I have, &c. (Signed) F. B. Head. The Right Hon. Lord Glenelg, &c. &c. &c. A. EtidcMure No. 1 . First Enclosure in No. 67. • • (Copy.) Sir^ Toronto, 20tli December 1837. I am commanded by the Lieutenant Governor to inform you, that should you require the Assistance of Naval Officers of Experience to recover Possession for Her Majesty of Navy Island, His Excellency desires that you will call upon such Naval Officers in the Province as you ma^ deem proper to select to afford him their Services ; and that you will cxplam to them that they will receive their full Pay during the Period they are thus publicly employed by His Ex cellency on Her Majesty's Service. The Hon. Colonel Mac Nab, &c. &c. &c. I have, &c. (Signed) J. M. Straciian, Military Secretary. •;| (Copy.) ON THE SUBJECT OF CANADA. Second Enclosure in No. Gy. V No. 67. SirF. B. Head to Lord (jlenci);, 9(h Feb. 183ti. By me, Allan Napier MacNab, Colonel commanding Her Majesty's Forces on tlic Niagara Frontier. b By virtue of the Power and Autliority vested in me as the Colonel com- manding Her Majesty's Forces on this Frontier by His Excellency Sir Francis Bond Head, Baronet, &c., Lieutenant Governor of the Province of Upper Canada, in a Despatch dated this 20tii Day of December inst. commanding me to call forth the Services of sucli Offices of Her Majesty's Royal Navy as may be necessary for the Purpose of organizing an armed Naval Force to co-operate with the Troops under my Command in the lletluction of Navy Island. I hereby authorize you to take upon yourself tiic Charge and Connnand of the Naval Department, to act in concert with me. You will organize such a Force of armed Vessels and Boats for a Flotilla as will protect the landing, and transport One thousand Men from the Canadian Shore to Navy Island. You will also make such other Arrangements as in your Judgment you may think necessary for the Good of Her Majesty's Service, and for effecting the Object of the Expedition ; for which this shall be your sufficient Warrant. Given under my Hand, this 2Uth Day of December in the Year of our Lord One thousand eight hundred and thirty-seven. (Signed) ALL.^y N. MacNab, Commander Andrew Drew, Col. Commanding. Royal Navy. JJ. Enclosure No. 2. F. B. Head. Third Enclosure in No. 67. (Copy.) Niagara Frontier, Chippewa, ITtli January 1838. Navy Island having been evacuated by the Rebels, you will immediately proceed to lay up the Vessels and Boats composing the Flotilla under your Command in safety for the Winter. You are hereby authorized to continue on the S])ot yourself until further Orders, with such a Complement of Naval Officers and Seamen as you may deem sufficient to take proper Care of the Flotilla. (Signed) F. B. Head. Captain Drew, R. N., Chippewa. Fourth Enclosure in No. 67. (Copy.) Sir, Toronto, 4tli February 1838. You are hereby commanded, in addition to the Duties already pointed out to you, of protecting the Property of Her Majesty lately employed with the Naval Department and placing the Schooners and Flotilla in a Place of Security, to use your utmost Endeavours to procure such Information of the Movements of the Rebels, or any other Persons inimical to Her Majesty's Government, as may conduce to the Interest of Her Majesty's Service j biking care, however, to be extremely cautious and circumspect in the Discharge of your Duty, to avoid every thing that could in the least Degree compromise the Dignity of Her Majesty's Government, or give just Cause of Complaint to the Government of any otiier Country at Peace witli Great Britain. You will report your Move- ments to me, as also to the Lords Commissioners of the Admiralty, as often as Occasion may require, and you will continue your Pendant flying until I shall have had Time to communicate these Instructions to Her Majesty's Prin- cipal Secretary of State for the Colonies. (Signed) F. B. Head. Captain Drew, Royal Navy. (41.) 3N 3 Enclosure No. 3. D. Enclosure No. 4. ■:i| it ,1 ' ' I 470 DKSPATCIIES FROM Sill F. «. HEAD, Baut., No. 67. Sir F. B. Head to Lord Glenel);, 9th Fib. 1838. E. Enclosure Nu. 5. I'it'tli Kiiclosluc in No. G7. (Copy.) Sir, Head Qiiartcrs, Cliipiicwa, '20tU .lamiary 1838. I li;ive tlio Ilonoiir to fiiclosi' the Report ot'Captiiiii l)rew, ll.N., eoinmaiid- iiifi tlie Naval Hrijiade 011 the Niagara River ; ami the Services of that Force bciii<; no longer recpiireil, 1 have given them Leave (with the Exception of Captain Drew) to retnrn to their Homes. That vahiable Officer will retain a suffi'.ient Number of OHicers antl Men to dismantle the Vessels and lay them up. The C'onduct of Captain Drew and the Vohmteers under his Command ha.s been most efticient since they joined the Service. When all have so nobly doi\e their Duty, it may a|)pear imjiroper to mention the Names of Individuals wlio have signalized themselves while on this Station ; I cannot, however, refrain from mentioning the Names of Lieutenants M'Cormack and Elm.slie : the former was ilangerously wounded in gallantly boiirding the Caroline, and is still in the Hosi)ital ; the latter has been actively employed almost Day and Night since he joined Captain Drew's Squadron, anil 1 am authorized by Captain Drew to say that he has received the most valuable Services from Uiat Officer ; and 1 do Lieutenant KImslie but Justice in saying that the dangerous Nature of the Duty which was assigned to him brought him more under the Fire of the Enemy than any other OHicer under my Command. 1 have, &c. (Signed) Allan N. MacNab, Lieut. Col. Strachan, Colonel counnanding Militia and Naval Military Secretary. Forces, Niagara Frontier. No. fiS. Sir F. B. Head to Lord Glenel;;, -'1st Feb. 1^38. No. 68. (No. IS.) Cory of a Df.si'atch from Sir F. B. Hkad, Bart., k.c.u., to Lord Glenelg. My Lord, Toronto, 21»t February 1838. I HAVE tile Honour to inform your Lordshij) that having consulted my Execu- tive Coimcil, and the Speakers of the Legislative Council and House of Assembly, I Yesterday determined that on Tuesday the !27th Instant I would prorogue the Pro\ incial Parliament. I feel contiileiit that by doing so I shall relieve Sir George Arthur (whose Departure fiom Knghuul we have not yet heanl of) from the very difficult and embarra.ssing Situation in which he would be i)laced, were he, on his Arrival here as a Stranger, to be suddenlv called upon to a.ssent or di.ssent to Bills, on the Policy or Impolicy of which he liad had no Time to consider. I feel confident il is onl-' fair to Sir George Arthur that he should have a few Months Leisure before he be called upon to meet the Legi.slature. I may also inform your Lordship that in consequence of the disturbed State of Lower Canada, and of the United States, many of the Members have felt it advisable to return to their Constituents, and that others are very desirous to do so. 1 have, &c. The Right Hon. Lord Glenelg, (Signed) F. B. Head. &c. &c. &c. No. 69. Sir F. B. Head to Lord Glenelg, Cth March 1838. No. 69. (No. 22.) Copy of a Despatch from Sir F. B. Hkau, Bart., k.c.h., to Lord Glenelg. My Lord, Toronto, 6th March 1838. I HAVE the Honour to enclose to your Lordship a Copy of the Speech with which I this Day prorogued the Provincial Legislature. : I have, &c. * The Right Hon. Lord Glenelg, - (Signed) F. B. Heau. &c. &c. &c. fv-». •^■w. <«•:' -tF«»' V- 't ' Lord Gi.ENELG. o Lord Glenelg. ON THE SURIECT OF CANADA. 471 Upper Canada Gazette ExTUAonntvAiiY. Toronto, Tuosday Gtli March 18^8. liy Authority. Tliis Day, at Foui- o'Ch)ck, His l']xcc'IIciicy tlic Lieutenant (lovcrnor pr'*- ceeded in State from the (iovernuient House to the Cliauiber of tlie Honour- able the Legishitive Council, where being arrived, and seated on the Throne, the Gentleman Usher of the IJhick Rod was sent with a Message from His Exci'llency to the House of Asseml)ly, connnanding their Attendance. The Members present being come uj) accordingly, His I'.xcellency was j)leased to prorogue the Session of the Legislature witli the following Speech : . " Honourable Gentlemen of the Legislative Council, and Gentlemen of the •' House of Assend)Iy, " Considering the Circinnstances under which you were hastily assembled, it " is satisfactory to me to observe that you have been enabled, notwithstanding " occasional Anxiety from attenij)tetl Invasions of our Frontier, to give your '* deliberate Attention to the public Interests, and to mature some valuable " Measures. '• The Act for the Amendment of the Militia Law will, I trust, remove any *• Obstacles that may have prevented the full Efficiency of a Force upon which " this Province must principally rely for its Safety ami Independence. The " other Measures which late Events have induced you to ado])t will be found, " I doubt not, well suited to the Exigency ; and nothing can be more satisfac- " tory than the Readiness and Unanimity with which the Legislature have ap- " plied themselves to meet the Emergencies of the present remarkable Crisis. " Gentlemen of the House of Assembly, " I thank you for the Supplies which you have granted for the Support of '* the Civil Government durmg the present Year. '• It is much to be lamented that at a Moment when the disturbed State of " Lower Canada and the Depression of Conunerce occasioned by it must tend " materially to diminish our Revenue, the Necessity for new Charges should " be created to an inconvenient Extent, by the unexpected Hostility of our " Allies, which has forceil us for a continued Length of Time into a State of •' actual Warfare along the v/hole Extent of our Frontier. " Honourable Gentlemen, and Gentlemen, «« I regret to say that there still exists among a Portion of the American " People so strong a Desire to force upon the free Inhabitants of this Province " Republican Listitutions, that with scarcely an Exception every Government " Arsenal from Lake Chamj)lain to Lake Michigan has witliin the last Two " Months been broken open and j)lundered, to furnish Arms for the Invasion " of this Portion of thelJritish Emj)ire; and however the Circumstance may be " explained, it is cert;\iidy a remarkable F;ict that all these Robberies have " been effected without the Sacrifice of a single Lite, and without eve i the " Imprisonment of the Person who is notoriously tiie Instigator of these Acts. " The Wrong which Citizens of the neighbouring States have conmiitted, by •' thus attempting to dictate to the Inhabitants of Upjier Canada the Form of " Government under which they are hencet()rward to exist, will, as the Asser- " tion of a new Theory, be condemned by the civilized World as severely as " in Practice it has been rei)udiated by the People of this Province. ♦* What Right, it will be calmly asked, have the Iidiabitants of one Country, " armed with the Artillery and Weapons of their Government, to interfcic with '• the political Institutions of another ? M'hat Kxcuse, it will be gravely con- " sidered, had Citizens of the United States for invading the Territory of Upper "Canada? " When our Coloured Popidation were informed that American Citizens, " sympathizing with their Sufferings, had taken violent Possession of Navy " Island for the double Object of liberating them from the Domination of " British Rule, and of imparting to them the Blessings of Republican Institu- " tions, based upon the Principle that all Men are born equal, did our Coloured " Brethren hail their Approach ? — No I on the contrary, they hastened as (41.) 3 N 4 " Volunteers • No. 69, Sir F. B. Head to Lord Glenelg, Cili Murcli I83S. EncluMires. " r m DESPATCHES I'ROM SIR R U. HEAD, Haut., Enclusdict. • K "ii^ii " Volimtecrs in Wagjjon Loads to the Niagara Frontier to l)og from me Per- to *" " '"'^^'""> t'l'it in the inteniK'd Aitack upon Navy Island tlioy might be jicr- Lord Gleneli?, *' niittcd to lorni tlie forlorn Hope ; in siiort, tliey supplicated that they nnglit 6tli Marcli 183S. «' he allowed to be foremost to dcteiul the glorious Institutions of Great ♦' liritain. •' When the mild Aborigines of this Continent, who live among us unin- " jured and res])ected, were inlbrnied that Citizens of the United States, " ilisregarding the Wamj)uin Helt which was sacreilly connecting them with Great Britain, had invadeil our Shores to sympathize with the Sutt'erings of the lied Tenants of the Forest, and to offer them American Friendship instead of the Enmity of British Ride, did our Indian Brethren hail their Approach? No; their Chiefs and Warriors instantly painted their Faces for Battle, and with Rides in their Hands ihcse fiee-born Defenders of their native Soil appeared before me with a solitary Re(|uest, namely, that in case of their Death their Wives and Children might be ])ensioned. The Six Nations Indians, tiie Missisaguas, the Chip])owas, the Ilurons, and the Ottawas, spontaneously competed with each otiier in a Determination to die, if neces- sary, in defl-ndingthe British (Jovernment, under whose parental Protection they and tiieir Fathers had been born. •' When the Canadian Farmers and Yeomen of British Origin were informed that Citizens of the United States, sympathising with their Sufierings, had in Three Instmices taken forcible Possession of Her Majesty's Territory, for the Purpose of liberating then) fiom British Domination ; that with thisObject in view the American Leaders had issued Proclamations, promising to each Liberator Three hundred A.cres of the best Lands of Upper Canada, with " One hundred Dollars in Silver ; that the American self-styled General in " command of the Liberators iiad called upon the Citizens of Upper Canada " * to free their Lnndfrom Tifraimi/,' ' to ndly round tlie St: g from mc Per- Y niiglit be j)cr- tlmt tlif^ iniglit .itioiis of Great anioiiR us unin- i United States, :ting them with the Surt'eriiigs of ricinlshij) instead their Approach ? ■s for IJattIc, and their native Soil in case of their Tlie Six Nations nd the Ottawas, ii; to lUc, if ncces- irental Protection rill were informed ^ir Surterings, had ty's Territory, for at with this Object promising to each pper Canada, with styled General in 5 of Upper Canada tndard of Liberli/,' y promised to them and that if they - did tlie Canadian Lr, their brave and i of Her xMajesty's ry private Conside- ayonets were seen Eastern as well as ras a noble Detcr- e Defence of their s, and their Tarms. American Citizens, of Amherstbiirgh, District (in which lers fall Victims to stjmt our Invaders y which adorns the tals ; and from the unharmed through ect to reduce this , after the Conflict , was any Distinc- an Subjects? No; er Canada all were en, smarting under 1 of the Decision, ir Laws; and under wed their AssailanU few Brunswick and IS had commenced 'from the Tf/raiiny a Burst of Loyalty to assist us was ON TIIK SUBJECT OF CANADA. 47.1 " If Upper Canada were merely a young healthy Provin.o, with no Protec- " tion on the Continent of America but its Character, its Industry, and the " agricultural Difficulties it has to contend with, its filial Attachment to its " (jovernment, the Ihaveiy it has shown in its Defence, and the Mercy it lias " extended to its captured Assailants, ought to be siifheient to make its " Aggressors ashamed of their late Attemjit to force ujion their Neighbours " Institutions whieii they conscientiously and unecpiivocally reject. Dtit when •' it is considered that Upjier Canada is an integral Portion of the British '• Kmpire, and that tlie 'IVo Countries are at this Moment bound togetlier " by a solemn Treaty of Peace, the faithless Attack of Citizens of the L'nited " States upon the Province, afler it had completely quelled a slight domestic " Insurrection, will, if jicrsisted in, excite Feelings among the generous " Nations of Europe, wliieli will add but little to the C'haraeter of Re|)ublican ♦' Institutions ; for surely the Smile of a Nation slioulil not be more dreaded " than its Frown, or its extended Hand !)e more fatal than its iijiliftcd Ann. *' Wlieii the Facts just stated are clearly comj)rehended by intelligent Men, " how will the American Citizens, who have so wantonly attacked the British " Empire, find it jiossible to explain, that the Province of Upper Canada " retpiired them to interfere i.i its Concerns .' " Hut it seems now to lie admitted that our Invaders have been deceived, " that they falsely estimated the Canadian People, and that they have at last " learned that the Yeomen, Farmers, Militia, Indians, and coloured Population " of this Province, j)refer British Institutions to Democracy ; nevertheless, as " an ex post facto Excuse for the sinful and repeated Invasion of the Province, " it is urged that the Crew of the Caroline Steam Boat, which was captureil " more than Fourteen Days afler Navy Island had been forcibly taken from us, '• have been ' assassinated,' and that ' an extraordinary Outrage ' lias been " committed upon the Americans by our Militia, who .so ably and gallantly cut " out that Pirate Vessel. " If Navy Island had been violently taken possession of by Canadian Rebels, " instead of by a Body of Americans armed, ted, and commandeil by American " Citizens, — if these Canadian llel)els had then thought pro})er to invade the " United States, to break open Haifa Dozen of their State Arsenals, to rob each " of many Hundred Stand of Arms, to plunder from the American Government " Twenty-two Pieces of Cannon, and to set the Laws and Authorities of the " Republic at defiance, — could any reasonable Man declare that we should " offer, or that we could be supposed to intend to offer, any Offence to our " Allies, if in a Moment of profound Peace we were to pursue in the Niagara " River the guilty Vessel which had transported to the Island these American " Arms, and capture her, whether she were in British Waters, in American " Waters, moored to the British Shore or to the American Shore ? Would it " not be our bounden Duty to the American People to capture this Pirate " Vessel? And if we were to fiiil to do so might not our Allies hold us respon- " sible for Acts of such unprovoked Aggression committed upon them by British " Subjects inhabiting a British Island ? " Again, sujjposing that the Americans were to co-operate with us (as under " such Circumstances of course they would have done) in chasing this Pirate " Vessel, could it be supposed for a Moment that each Power would only be " permitted by the other to ca])ture her so long only as she continued in their " own Half of the River, and that if our British Boatmen, at the Peril of their " Lives, were to capture the Vessel in American Waters or on the American " Shore, it would be considered by the Americans as a ' violent Outrage' ? " There can be no Doubt in the Mind of any reasonable Man, that we should " only perform our Duty to the Americans by destroying a Vessel belonging " to our own Islanders, which had so gros.sly insulted them, which had com- " pletely overpowered their Government, and whicii in a Moment of Peace " had so flagrantly violated the Laws of Nations. And if we should be justhied " in caj)tunng the Vessel of our Islanders, on account of the Wrongs they had " perpetrated upon the American Nation, surely we should have additional " Right to do so on our own Account, if the Twenty-two Pieces of Cannon " forcibly wrested from the American Government had not only been em- " ployed for a Fortnight in firing from the Island upon the peaceable Subjects " of Her Majesty, but to our certiun Knowledge were about to be transported (4.1.) 3 "to No. 69. Sir V. I». Heit'l III Lord (flenflc, f.th Marrli ls;iH, Enclusiircs. 1 't 474 DESPATCHES FROM SIR F. D. HEAD, Hart., No. (i'J. Sir F. U. Head til Lord iileneig, (Jill Mircli 1838. Kcii'luMires. i4 '• to our main Land for tlic Purjiosc of committing Murder, Arson, and •• Robbery in this I'roviiU'L'. " It is, however, declared by our Allies, that because tliese lawless Possessors " of our Island turned out to be American t'itizens, and because their own " Government was totally imable to control them, the Capture of the V'es.sel " by us became a ' violent Outrage.' '* It would not have been considered by them an Outrajie, had wc by force '• of Arms prevented Canadian Islanders from violating; American Arsenals, " from insulting American Authorities, and from firing Twenty-two Pieces of *• the United States Cannon upon Hritish Subjects; but it is considered as an '• Outrage for us to jjrevent an Anicn'cnn Ves.sel from enabling American " Citizens to commit these unj)aralleled Aggressions. •' In the History of this Prt)vince the Cajjture of the Caroline (whoever " might have been her Crew) will, I maintain, be respected by futm-e Ages as " a noble Proof of the Sincerity of the C'anadian People to tiiltil their Kngage- *• ments by crushing a Pirate Force which, in violation of existing Treaties, " was insulting from a British Island their American Allies, and which (leneral " Arcularius, (iovernor Mason, (iovernor Marcy, the President and Legisla- " turcof the United States, had absolutely found too powerful tor the Executive " Force of the Republic to control. " The Fact that the Pirate Force was composed of and commanded by " American Citizens adds to the Aggression committed against the Canadians, " but subtracts nothing from the Crime of Robbery perpetrated uj)on the *• United States Arsenals, unless indeed the American People or the American " Authorities should deem it proper to declare that it was no Robbery at all, •• for that the Aggression was aj)proved of, that the State Cannon and State •* Muskets were knowingly .and wilfully lent to the Invailers of Navy Island " for the Purj)ose of forcing Republican Institutions upon the People of Upper " Canada, and that under these Circumstances (which are incredible) the " Attack of Canadian Militia upon the American Citizens who were on board " tJie Caroline was 'an extraorilinary Outrage.' ♦' Rut supposing f()r a Moment this false Reasoning to be unanswerable, — " supposing even that the Connnission of the Outrage were to be admitted by " the Canadians, and that it were also to be admitted by them that the Capture " by Canadians of a small Steam-boat moored to the American Shore was an •' Outrage equal in Magnitude to the Capture of Navy Island by American " Citizens, — still, to make the Canadian Outrage as flagrant as that which had " been committed upon us by Citizens of the United States, it would have " been necessary for the Canadians, after they had taken Possession of the " Caroline, to have fired from her Deck with Twenty-two Pieces of Cannon •« for nmre than a Fortnight upon the American Shore ; and even then, thougli •' the Outrages would certainly have been rendered apj)arently equal, still the " former would liave been an Outrage of Retaliation upon an Enemy, the " latter an Outrage of unprovoked Attack upon a Friend. •' There are Two Facts which the American Nation have not Power to deny : — " 1st. That it is their Interest as well as their Duty to fulfil their Treaties: " 2d. That if their People be j)ermitted to rob the United States Arsenals in " order to invade a frienilly Power, the lawless Body will very soon find out " tliat it is easier to ])lunder their own wealthy defenceless Citizens than the '* poor, brave, well-armed Peojjle of Upper Canada. " I have felt it to be the especial Duty of the legislative Station I hold, " not only to protest against the unprincipled Invasion of this Province by its " Allies, but to vindicate the InhabiUmts from the unreasonable Accusation, " which without due Inquiry was made against them by the Federal Goveni- " ment of the United States, of having 'assassinated' the Crew of the Caroline. •' The Memoir of the Attack which has just been made upon us ofl^ers a " Moral to the Mother Country, which 1 feel confident will cieate throughout •• the Empire considerable Sensation ; for although the old Country is not •• without its Share of human Misapprehension and Prejudice, ])articularly as " regards its transatlantic Possessions, yet, when I'^acts are clearly submitted to " it, its Judgment is always sound, and its Verdict nobly impartial. " The Struggle on this Continent between Monarchy and Democracy has " been a Problem which Upper Canada has just solved. " It •-'■ '■/• --■' \^.^.w«^ rilor, Arson, and lawless Possessors realise tlu'ir own lire of the Vessel , hail we by force nK-riciin Arsenals, Mity-two I'ieccs of ciliisiilered as an nahliiig Ameriain L'aroline (whoever by future Ajjcs as lulril their Kngaj^c- existiiig Treaties, anil which (Jeneral siilent anil Legisla- il tor the Executive id commanded by linst the Canadians, petrated upon the le or the American i no Robbery at all, ' Cannon and State ers of Navy Island he I'cople of Upper ue incredible) the who were on board be unanswerable,— e to be admitted by ■m that the Capture •rican Shore was an Island by American t as that which had ates, it would have n Possession of the Pieces of Cannon d even then, though ently equal, still the )on an Enemy, the ot Power to denj^ :— ulfil their Treaties : ed States Arsenals in 1 very soon find out ss Citizens than the ative Station I hold, ' this Province by its asonable Accusation, the Federal Govern- Jrcw of the Caroline, aiie upon us offers a ill cieatc throughout old Country is not udicc, i)articularly as clearly submitted to mpartial. ' and Democracy "»» " It ON THE SUBJECT OF CANADA. 475 •' It had been very strongly argued, even in England, that Democracy was tiie only Form i)f(iovernment indigenous to the Soil of America, and that Monarchy was a Power which reijuirei' here artificial Support. With a view to subvert this Theory, the whole of the Queen's Trooj)s were allowed to retire from the Province, and the Result, as had been anticipated, vas that the People of Upper Canada were no sooner lefV unci thev proclaimed tlicmselves in favour of Monarchical Institutions. icipateil, led than was that the People of Upper Canada were no sooner lefV uncontrolh .Surrounded by Temptations ih Con.stitution. " When these Pacts shall arrive beli)re the English People, and wlicn they " shall also have taken into their Consideration the devoted and unalterable At- " tachment which the liritish Popidation of Lower Canada have evinced for our «« revered Institutions, surely ihey will come to tlv? Conclusion, that the con- *' current Opinions of Her Majesty's North American (Colonies respecting the " relative Advantages between Monarchy ami Democracy in America must *' be sounder than their own can he. jnasmuch as Eye-witnesses judge more " correctly than People can possibly do who are living 1,(H)() Miles ofi". " The lV()j)le of England will, I trust, not fail to admire the Calmness, the " Resolution, the (Jenerosity, and the honourable Subjection to their Laws, '• which have distinguished the Inhabitants of Upjjcr Canada ; and, on the " other Hand, they certainly cannot tail to observe, that the Republican Project " of our English Reti)rmcrs, namely, to make the People Hit by Bit responsible " only to themselves, has eiuleil in America by the (jovernment of the United " States confessing its total Inability to restrain the Passions of its Citizens, to '♦ guard its State Arsenals, or to maintain its Treaties with its oldest and most " natmal Ally. " Lastly, the Britisii People will, I trust, observe with considerable Alarm, " that the leading Advocates tt)r organic Changes in our Institutions are either " at t'lis Moment lying in our (iaols as Traitors, or, from having absconded, are " self-banished tiom the Province ; in sliort, that their ])retended Ertbrts to " obtain in Ujjper Canada what they called ' Liukuty fou the People' has " ended in a most intiimous and sell-interested Attempt to plunder private " Property, rob the Banks, and burn to Ashes the rising Capital of their " Country ! " Witii this I'^xperience before our Eyes I must confess I join with the Legis- " lature and People of Up})er Canada in shuddering at the abused Name of *' • lic/liriii,' just as we now recoil with Abhorrence when we hear suddenly " pronounced the Word ' Si/injidf/iij.' " As my Successor is houily expected here, I return to the Mother Country as " I left it, totidly unconnected with I'arty or with Politics ; but in Retirement " I shall renjemher the Lessons w liich the Peojjle of Upper Canada have taught " me. And I feel it my Duty to declare, that I leave the Continent of America " with my Judgnjent |)ertectly convinced, that the Inhabitants of Europe, " Asia, and Africa are right in their Opinion that all Men are not by Nature " equal ; that the Assertion of tlie contrary in America is a Fallacy ; and tliat " Talent, Industry, and Character must elevate Itidividuals as they do Nations " in the graduated Scale of Society. " May the resplendent (J cuius of the British Constitution ever continue to " illuminate this noble Land, and, animated by its Infiuence, may its Inhabitants " continue to be distinguished lor Humility of Demeanour, Nobility of Mind, " Fideliiy to their Allies, Courage belbre their Enemy, Mercy in Victory, " Integriiy in Commerce, Reverence for their Religion, and, at all Times and " under all Circumstances, inq)licit Obedience to their Laws. " Honourable Gentlemen, and Gentlemen, Farewell." No (i9 .MrK U. •:. to Lord (il«nel)i, Ctli Marrli iNSa. P^nclutiiies. Il (41.) 30 2 No. 70. bir F. B. Head to Lord Glenelg, Utb March 1838. 470 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 70. (No. 28.) Copy of a Despatch from Sir F. B. He.\d, Bart., k.c.h, to Lord Glenelg. My Lord, Upper Canada, Toronto, 6th March 1838. I HAVE tlie Honour to transmit to your Lordsliip a Copy of an Address which was rri;d to me this Day while seated on the 1 iirone by tiie Speaker of the House of Assembly. I have, &c. The Right Hon. the Lord Gicnelg, &c. &c. &c. (Signed) F. B. Head. Enclosures. May it please your Excellency, We, Her Majesty's most dutiful and loyal Subjects the Commons of Upper Canada, have granted to our Sovereign Lady tlie Queen the Su])plies necessary to enable Her Majesty to carry on the Civil Government of this Province for the present Year. Upon looking back at the various important Comnumications which have been made by your Excellency to the House of Assembly during the present Sessior., \v the proposed Interview, in the Hopes it might have led to some Arrangement calculated to jjrcserve the nuitua! Relations between the United States and Her Britannic Majesty's Provinces of Canada, and quiet the Apprehensions of the Inhabitants on the Frontier. 1 have the Honour, &c. His Excellency Sir F. B. Head. (Signed) W. L. Maucy. No. ■;}. Sir V. H. Head to Lord (ik'iii'lif, 20th March 1838. No. 73. (No. 14.) Copy of a Despatch from SirF. B. Head, Bart., k.c.h., to LordGLENELo. My Lord, Toronto, 20th March 1838. I have the Honour to enclose to your Lordship a printed Copy of some Addresses, &c. which have been presented to me in consequence of my Resig- a,- - ' -- — j,.^..^...~„ . nation of the Government of this Province. » Ip (tt*- ■,:j^. ^ F. B. Head. ,ord Glknelg. ON THE SUBJECT OF CANADA. 479 In Justice to myself, as well as with a view to satisfy your Lordsliip, I am desirous of explaining, that on receiving your Lordship's Despatch, informing me that my Resignation had been accepted, and that my Successor had been appointed, I at once determined to do every thing in my Power to prevent my Departure from this Province emban-assing my Successor on the Policy of Her Majesty's Government. I accordingly, without Loss of Time, mentioned to the Speaker of the Legis- lative Council, and the Attorney and Solicitor Generals, who are Members of the Lower House, it was my anxious Desire that no private Considerations should induce the Legislature to forget for a Moment that we had an Enemy on our Frontier, who could only be repelled by Unanimity and high Feelings. I made a similar Communication to the Mayor of Toronto, who came to inform me, that some of the Militia had thrown down their Arms ; and I can assure your Lordship that wherever I had an Opportunity I did all in my Power to allay the slightest Excitement which at first appeared to exist. As soon as some Addresses reached me, I determined that I woald return but one and the same short Answer to them all, and accordingly I gave to the Constitutional Society of Quebec, and to various other public Bodies, the identical Reply which I had given to the Blacks and Indians. I have just declined to accept a public Dinner in my Way through Mont- real. I shall do the same to a similar Invitation which I see is in prepara- tion at Quebec; and if on my Arrival in that City I should find it unsafe for me even to go by the Kennebec Road to New York, and should consequently proceed to England by Halifax, in travelling through the Provinces of New Brunswick and Nova Scotia I shall pursue a similar Course. As Sir George Arthur has, I am informed, already reached Montreal, his Arrival here is hourly expected. I therefore take this Opportunity, which may possibly be my last official Despatch from this Government^ to assure your Lordship, that in the Opposition I have offered to the Commands of Her Majesty Government, and in the unreserved Expression of my Opinions, I have solely been guided by a Sense of public Duty, in defence of which I have nothing further to say. I hope however I shall not in vain request your Lordship to feel assured that it was never my Intention to be disrespectful to your Lordship. If any thing I have written bears that Construction, I beg leave unequivocally to apologise for it. I have the Honour, &c. F. B. Head. F. B. Head. His Excellency to the Legislative Government House, '^^d January 1838 (A limilar Menage to the House of Astembly.) (41.) 30 4 No. 73. Sir F. B. Head tu Lord Gleiielg, 20th Marcli I»:i8. Enclosures in No. 73. Sir, Montreal, 13th March 1838. A large and respectable Meeting of Citizens, who long to testify their grateful Admiration of the Talent, Firmness, and Integrity which have uniformly distinguished your brief but eventful Administration of the Govern- ment of Upper Canada, has requested us to inquire whether you will so far gratify and honour them as to accept of a public Dinner during your anticipated Presence in Montreal. We have the Honour, &c. Sir F. B. Head, Bart. Peter M'Gill. &c. &c. &c. Jno. Molson. Adam Thom. the Lieutenant Governor has much Pleasure in transmitting i Council a highly gratifying Communication from His Excellency the Lieutenant Governor of New Brunswick, accompanying a unanimous joint Vote of Thanks from the Two Houses of the Legislature of that Province to the Militia of Upper Canada, for their gallant Conduct in so tically Province. ably, promptly, and energetically suppressing the late Rebellion in this Eiidosiireii, ' I 480. DESPATCHES FROM SIR F. B. HEAD, Bart., No. 73. Sir F. B. Head to Lord Glenelg, •JOth March 1838. Enclosure!!. Government House, Fredericton, N. B., Sir, 8th January 1838. With the highest Satisfaction I comply with the "NVislies of the Legislative Council and House of Assembly of this Province, by transmitting to your Excellency Resolutions jointly concurred in by these Bodies, tendering to your Excellency and to the gallant Militia of Upper Canada the unanimous Tlianks of the Legislature and of the People of New Brunswick, for the able, prompt, and energetic Suppression by them and by your Excellency, unaided by any Portio.M of Her Majesty's Troops, of the late Insurrection in the Neighbourhood of Toronto. In doing this I beg to add the Expression of my warmest Concurrence in the Sentiments embodied in those Resolutions, with the Assurance that while we feel the most entire Confidence in tiie Ability of Her Majesty's loyal Subjects of Upper Canada, under your Excellency's Gui'lance, to put down Rebellion wherever il may show itselfj yet we cannot but regret that our remote Position with respect to that Province prevents our otiering our more active Co-operation. I have, &c. (Signed) J. Hakvey, M. General, His Excellency Sir F. B. Head, Bart., Lieutenant Governor. &c. &c. &c. New Brunswick, House of Assembly, 5th January 1838. Resolved unanimously, That the Thanks of this Province are due and should be presented to Sir Francis Bond Head and the gallant Militia of Upper Canada, for their able, prompt, and energetic Suppression of the Insurrection which lately took place in the Neighbourhood of Toronto. Resolved unanimously. That the Conduct of our Fellow Subjects in Upper Canada on this memorable Occasion, so fully in accordance with their former high Spirit and Character, afibrds a glorious Example to the Sister Colonies, and cannot fail to quicken the Zeal and animate the Exertions of every loyal Heart in these Colonies in Sujjport and Defence of the Liberties they enjoy under British Laws and Insti. ition.s. Resolved unanimously. That our Fellow Subjects in Upjjcr Canada may rest assured of the lively Sympathy of the Iniiabitants of this Province in their Loyalty and patriotic Ardour, and of our most zealous Co-operation in main- taining the Royal Authorities, and the inestimable Advantages of our Con- nexion with the Mother Country. (Signed) Chas. P. Wetmore, Clerk of Assembly. > ' New Brunswick, House of Assembly, 5th January 1838. Resolved unanimously. That an humble Address be ])resented to His Excel- lency the Lieutenant Governor, praying that His Excellency will be pleased to transmit these Resolutions to His Excellency Sir Francis Bond Head, Lieutenant Governor of Upper Canada. Resolved, That the Legislative Council be retpiested to joiii in these Resolutions. (Signed) Chas. P. Wetmore, Clerk of Assembly. New Brun.swick, LcpLslutivc Council Cliumber, 5tli January 1838. Resolved unanimously, That this House doth most heartily concur in tiie Resolutions of the House of Assembly on the Subject of the Insurrection in Upper Canada. (Signed) Wai. Tyng Peters, Clerk. ON THE SUBJECT OF CANADA. 481 To His Excellency Sir Francis Bond Head, Baronet, Knight Commander No.w. of the Royal Hanoverian Guelphic Order, Knight of the Prussian Sir F. B. Head Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. to Lord Glcnelg, 20th March 1838. May it please your Excellency, We, the undersigned Inhabitants of the City of Toronto and its Vicinity, having iieard of your Excellency's Resignation of the Government of this Province, and of the speedily anticipated i^ nival of your Successor, feel called upon to address you upon this to us unexpected Event. The Period of your Administration, though fraught with Events of the greatest Importance to Her Majesty's faithful Subjects in this Province, and to the Empire at large, has been so short as to enable us to pass it in quick Review, preparatory to the Expression of our Opinion on your Excellency's Retire- ment. The Recall of your Excellency's respected Predecessor Sir John Colborne, so far as its Causes were understood here, was calculated to create in our Minds lively Apprehensions that in this as in the Sister Province the Ex])eriment of Submission to factious Opposition was to be made; and that under the Name of Conciliation Encouragement was to be given to those whom we firmly believed to be inimical to the Maintenance of our present Institutions. Nor were these Apprehensions lessened when (from Causes now fully explained and understood) we saw Individuals called to your Excellency's Councils whose political Principh's we were fully convinced were not such as prevailed with the vast Majority of the Inhabitants of the Province, and upon whom we justly looked as Enemies of British Supremacy, and of our Con- nexion with the Motiier Country. Fortunately for the Well-being of the Province, in a much less Time than the most sanguine could have hoped, tiie Views of these Parties wore disclosed, and an Opportunity was afforded to your Excellency of showing to the People at large that to you they might look in the fullest Confidence for supporting the established Principles of the Constitution. W^e feel it alike a Duty and a heart-felt Pleasure again to record our warmest Admiration and Respect for the Penetration with which your Excellency at once saw through their Designs, and for the Hrm and uncompromising Manner in which you met and bafflecl them ; and that although your Excellency's Course was treated with Insult and Obloquy by the then House of Assembly, who in a vain Eflbrt at Coercion stopped the Supplies, and made Use of every Effort to embarrass the Governn^ent and conqjcl Submission to their Views, your Excellency persevered in your Determination to maintain our happy Constitu- tion inviolate. The Success of the Appeal your Excellency made to the loyal People of the Province ought to convince every one who was capable of exercising a sound Judgment, that a straightforward and manly Policy, baseu iqion the Mainte- nance of British Principles, and upon an uncompromising Hostility to all who were opposed to them, could not fail to meet our Wants and Wishes, and to secure our permanent Tranquillity. In this View we strongly approved, as we still continue to approve, of '' at ])roper and vigorous Course in the pursuing which your Excellency dismissed from Office those who had made themselves prominent in a factious Opposition to your Policy, and who attacked your Excellency in a Manner which, as the Representative of the Crown, you could not have passed by without a Dere- liction of Duty to our Sovereign. From that Period down to ti:e Date at which Your Excellency (as we have learned) felt it necessary to tender your Resignation, we candidly confess our- selves at a loss to understand what Policy it can have been on which a Dif- ference has existed between your Excellency a!id the Ministers of the down, such as to have occasioned yom- retiring from the CJovernment of Upper Canada ; indeed it would have seemed only necessary to have contrasted the Situation of this and the Sister Province to have established the superior Wisdom and Soundness of the Course pursued by your Excellency over that which elevated the Author of the " >Jinety-two Resolutions" to the Judicial Bench. But if further Proof were wanting of the Confidence your Excellency's Policy has inspired, it is to be found in that Burst of loyal and patriotic Feeling (41.) 3 P which Enclosures. 482 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 13. Sir F. H. Head to Lord (ilcnulg, 'JOlh March 1838. Knclosurc;i which displayed itself on occasion of the Insurrection, when from the East to the West the Province presented the animated and soiil-stirrinp; Sj)ectaelc of gallant Men strugfjling who siiould be foremost in the Field to subdue internal Rebellion, to resist Foreign Aggiession, and die, if Need were, in defence of our Constitution and highly valued Coiniexion with the British Erii))ire. Nor ean we avoid alluding, with mingled Pride and Pleasure, to the Expression of Kindness and high-minded .Sym|)athy which our late brief but important Struggle for our Constitution and Laws has called forth from our Sister Pro- vince of New Brunswick ; and while we hail with Delight the Assurance that they burn with the same loyal Zeal and patriotic Ardour which has animated the People of this Province, wd rejoice that uiuler your F^xcellency's Administration we have been able ct shew those Qualities and pursue that Course which has gained tor us thest* gratify'. ig Expressions of A]rj)robation and Esteem. The Lesson wliich the-e Facts is calculated to impress will we trust never be forgotten ; and if it shall bring to the Mind of Her Majesty's Ministers a Con- viction, that bv su])porting in the Province British Principles and British Suj)remacy, ami discountenancing the luies of both, they will ])ursue a Course alike honourable to themselves and gratifying to the Peo])le of Upper Canada — should this, we say, be the Result of the Events which have occurred during your Excellency's brief Sojourn among us, it will add another to your Excel- lency's many and well-founded Claims to our deej) and lasting (Jratitude. In respectfully taking leave of Your Excellency we camiot refrain from ex])ressing our earnest Hope that your Excellency will find, in the Ai)pr()l)ation of our beloved Queen, and in the Opinions and Su])portof all thesounil-thinking Portio!! of the British Nation, a Reward for your never-ceasing Exertions and untiring Zeal for the Welfare of this Portion of Her Majesty's Dominions, To these Exj)ressions we also most cordially add our sincere Wishes for the domestic Ha])j)iness of your Excellency anil your amialilc Family. Your Excellency will carry with you our ])ul)lic Ajjprobation, our private Sympathy, and our kindly Wishes. Should the Possession of the one or the other be gratifying to your Feelings, it will ser\ e to diminisli the sincere Regret we feel in respectfully bidding you farewell. To His Excellency Sir Francis Bond Head, Baronet, Kniglit Commander of the Royal Hanoverian (uielphic Order, Knight of the Prussian Military Order of Merit, Lieutenant CJovernor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, the Irish Inhabitants of the Town of Hamilton in the District of Gore, beg leave to assure your Excellency, that we have not been either iiuliHerent or unconcerned Spectators of the thrilling Events whicii have agitated these Pro- vinces during the last Three Months. That having been astonished at the Result of a Meeting stated to have taken place in this Town on the First Day of December last, professing to be a Meet- ing of the Iris:. Inhabitants of the Town of Hamilton, and being, like most other Meetings of a similar Nature, calculated to produce the Impression that the Irish were discontented, — and that, while the avowed Object of such Meet- ings was Union and Peace, the actual Object was War and Strife, — we Mt it our Duty to call at once a fi.U Meeting of our Coimtrymen, to ascertain wlietlier tiic Sentiments said to be theirs at the Meeting in question were so or not, when Resolutions were passed exi)re.s.siveof our ardent and unquenchable Attachment to Her Majesty's Person and Government ; our Abhorrence at the Resolutions which had been f)assed at the various incendiary Meetings which had taken place in .several Parts of the Province ; our Satisfaction of your ICxcellency's Conduct ; and our Non-participation in the Views and Sentiments set fbrtii'as those of the Irish Inhabitants of the Town of Hamilton, and which we published at Length in the Hamilton Gazette of the Twelflh of December last. That having prepared an Address to your Excellency founded on these Rcso- iutions, we were preparing to proceed to Toronto, to lay it before your 8 Excellency, ON TIIK SUBJECT OF CANADA. Hxcellcncy, wlicn we were diverted from our Purpose by tlie Scream of Rebel- lion, and the Tocsin of Civil War, M'hicii bad been sounded in the Land. Layini; aside our Intention for the Moment, we })repared to take the Field, and with our Muskets on our Shoulders, resolved to lose our Lives if necessary, in dettMice of the fijlorious Banner of Great Britain. That since the unnatural Rebellion has ceased, and having but just returned to our Homes from protecting the Frontier of the Province from the Incursicms of our neighbouring Allies, we were astounded at the Intelligence we received tliat your Excellency had Celt constrained to tender your Resignation to Hei Majesty's Government, and that it had been accepted. Knowing, as we do, that in all the leading Features of your Excellency's Policy you have been sustained by Nine Tenths of the Inhabitiuits of this loyal Province, we confess that we heard this Intelligence witii Dismay. That we beg to assure your Excellency, that we shall ever retain Sentiments of the nmst lively CJratitude, for having dismissed tiom your Councils the Enemies of the British Constitution, and for the wise, bold, and constitutional Determination you have always evinced, in not allowing Places of Power and Trust to be filled but by those on whose Principles of Loyalty and Patriotism you could ])lace the firmest Reliance. In respectfully bidding you farewell, we cannot but ex])ress our firm Resolu- tion only to supj)ort those Principles which your Excellency so unflinchingly maintained ; and for which, in conjunction with our beloved Brethren from England and Scotland, and with the Natives of Up))er Canada, we went forth cheerfidly fiom our Homes to sustain with our Lives, or gloriously ])erisli in their Defence ; and ])raying that the Giver of every good and perfect Gift may hold you and your beloved Family in Mis holy kee])ing, and bye and bye bring you all to that heavenly Rest which only the good and righteous enjoy. No. 73. Sir F. B. Head to Lord GleiiL'lg, iiOtli Murcli m'M, ICnclosiirci. I To His Excellency Sir F. B. Head, Bart., Knight Commander of the Royal Hanoverian Gueli)hic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. ifcc. ^'C. May it please your Excellency, We, the undersigned Proprietors, Houscliolders, and other Inhabitants of the Township of Trafalgar in the District of Gore, beg leave respectfully to approach your Excellency to exj)ress our uufei,",ned Regret, that in consequence of a Difference of Opinion with Her Majesty's present Advisers, you should have found it necessary to resign the (lovermnent of this Province. Remembering, as we do, the critical Period of your Excellency's Arrival among us, commissioned by our late most Gracious Sovereign to carry into effect those remedial Measures which he had with so much Liberality been pleased to grant, and your I'ledge to act with the strictest Impartiality, and conscientiously to j)erlbrm tiio high Duties of your Office, dispensing equal Justice to all, a IMedge which, throughout your whole short but eventful (lOvermnent, you have iiobljj redeemed, we cannot but feel the strongest Senti- ments of Esteem and Respect for your Excellency, and of Regret for your approaching Departure from the Province. These Sentiments are rendered doubly strong when we review the imj)ortant Events which have occurreil durring your Excellency's Residence among us. We camiot forget that on your Excellency's Arrival here you found the Province a Prey to intestine Dissensions caused by the Machinations of a few factious Demagogues, embued alike with a Hatred of British Feelings and British Princijiles ; and the Majority of the Commons House of Assembly, instead of complying with your Excellency's Request to join you Heart and Hand in einleavouring to heal these Ditlerenccs, anxiously and eagerly engaged in Ibmeutiug and increasing them. That vour Excellency, instead of pursuing that vacillating and unmanly Line of Policy, which, while it tliscomages and weakens the Friends of British Supremacy, adds Courage and Strength to its Enemies, and which, but for the Firmness of your Excellency's respected Predecessor, Sir John Colborne, and the Bravery of our Fellow-subjects, we have Reason to fear would have (41.) 3 P 2 proved 484 DESPATCHES FROM SIR F. B. HEAD, Bart., No. 1% Sir F. H. Hcnd to Luril Glenulg, 'JOth March 183H. Kiiclosures. il,. ■. I I I proved the Ruin of liie Sister Province, at once showed your Determination to pursue a far different Line of Policy ; and wliile, by addressing yourself to the Reason of ati enlightened People, you testified your anxious Desire to carry along with you the Approbation of all the rigiit-thinking Part of tiie Com- munity, you at the same Time distinctly and clearly proved, that the Enemies of British Rule and British Feelings had nothing to expect from yon, by declaring vour firm Determination to maintiiin our Laws and happy Constitution niviolate. That your Excellency's manly, straightforward, and honourable Conduct througliout that trying Period was duly appreciated, and gained the Confidence and Esteem and conciliated the Affections of an overwiielming Majority of the Inliabitants of this Province, was most convincingly proved when you: Excel- lency dissolved that House and appealed to the People, who with manly British Feeling responded to your Call. Still more lately we have had Experience of your Excellency's Firmness ani; Prudence, and of the mutual Esteem and Confidence which existed between your Excellency and the Inhabitants of this Province, when, after the Dismissal of every Soldier of Her Majesty's Troops from the Province, we have seen the Enemies of our Sovereign, with all the Advantages which that Circumstance could afford them, disj)ersed and annihilated by the loyal Militia, flocking in Thousands at Your Excellency's Call around the Standard of our Queen and Constitution, and that too witii scarcely the Loss of a Man. Your Excellency may and we trust will be again employed by our most gracious Sovereign in many important Services, but we feel satisfied, ivherever or in whatever Manner employed, that, when that Period arrives (which we trust is far distant from your Exci^Uency) when you are about to resign the C!ares of this World for the Enjoyment of a better, no Event of your past or future Life will be regarded by your Excellency with more Satisfaction than the anxious Solicitude which you have shown during the late unnatural Re- bellion to spare the Blood of the Inhabitants of this Province, a Solicitude which has, through the Blessing of Divine Providence, been so eminently crowned with Success. When, Sir, all these important Events and Considerations pass in Review before us, we cannot but consider it extremely unfortunate that Her Majesty should have Advisers who have deemed it expedient to remove your Excel- lency before you have had an Opportunity of completing the good Work which you have so well begun. Firmly and strongly as we have ever been and have proved ourselves to be attached to our Queen and Constitution, we cannot avoid asking ourselves the Question, which of your valuable Services can have given Dissatisfaction to Her Majesty's Ministers ; and humbly expressing our Conviction, that notiiing could possibly be more calculated to shake the Attiichment and Confidence of the People of this Province in the Home Government than the Removal, without just Cause, of one who has performed such distinguished public Ser- vices as your Excellency. Satisfactory as it would have been to us to have been made aware of the Points of Difference between your Excellency and Her Majesty's Advisers, we ciuniot but approve of your Excellency's honourable Motives for declining to make them known ; but we must express our unqualified Conviction, that were these Points known your Excellency would not be to blame, but could show that you have acted in the same straightforward Manner you have ever done, preferring the manly, upright, and honourable Line of Policy to the merely expedient, a Line which, from the Appointment of Sir .John Colborne, we are now led to hope will be pursued in the Lower Province, and which we trust your Excellency's Successor will continue to follow in this, as by so doing we feel assured he will gain the Esteem and Confidence of all good Men, the Respect of Foreign Nations, and the Approval of his own Con- science. Although we are not destined longer to enjoy your valuable Services, we trust your Talents will not be allowed to remain long unemployed, con- vinced as we are, that wherever and whenever called into operation they will ever be exerted to the utmost for the Advantage of your Queen and Country. ' Be — (V*; 'S^. r-: ON THE SUBJECT OF CANADA. 485 Be assured, Sir, that wherever you go your Excellency will carry along with you the Esteem and Regrets of the Inhabitants of this Province ; and with Heart-felt Wishes for your Welfare and that of your Family, and praying the AInriighty Disjmser of all to bless and protect you and them wlierever you may be situated, We remain, &c. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of ■ Upper Canada, &c. &c. &c. May it please your Excellency, We, Her Majesty's dutiful and loyal Subjects, Magistrates, Freeholders, Merchants, and other I15' ibitants of the Township of Dumfries, District of Gore, beg leave humbly tu approach your Excellency to express our unfeigned Surprise at the Intelligence of your Excellency's Recall from the Government ot' this Portion of Her Majesty's Dominions. We are ignorant of the Matter of Colonial Policy upon which your Excel- lency has felt it your Duty to differ from Her Majesty's Ministers, and are, therefore, not in a Situation to express any Opinion regarding it ; but being sensible of the Benefits derived from your Excellency's Administration, and of the universal Satistaction it has given to the right-feeling and loyal Portion of Her Majesty's Subjects, we deeply regret that Her Majesty's Ministers should have seen fit so to place themselves in opposition to your Excellency's Views as to force upon your Excellency the Adoption of the only Alternative left to an honourable Mind. When your Excellency arrived in this Province we had the Mist()rtune to be represented by a House of iVssembly the Majority of which, under the Guise of Reform, set themselves in opposition to the best Interests of the Province, and used their utmost Endeavours to accomplish Ends the Efl'ect of which must inevitably have been to cause a Disruption of the Tie with the Mother Country. We can never forget the Energy and the Talent with which your Excellency, in the constitutional Exercise of your Powers, proceeded to oppose the revo- lutionary Measures of the Faction to which we have referred. How com- pletely your Excellency succeeded in the good Work let the noble Spirit which pervades the j)resent House of Assembly and the uttei Annihilation of the revolutionary Party testify. It becomes us also to remember with Gratitude that, when at a later Period the same Party had the Hardihood to raise the Stiuulard of Rebellion, to your Excellency's Forbearance in the first instance and your Wisdom and Firmness afterwards are we indebted, under Heaven, for the Prospect which we now enjoy of handing down to our ("hildren our beloved Constitution and the not less beloved Tie with our Father Land inviolat'- and that, instead of having to prejjare for a Struggle, we can look back o a Victory and enjoy the Hope of a long Course of luiinterrupted Prosj)erity We deem it superfluous to allude more j)articularly to rhe Events of y ;: Excellency's Administration. They are, and we trust will long iv;iiiain, engra\ en on our Recollections ; and in respectfully bidding your Excellency Farewell we beg again to assure you of oiu- unalterable Attachment. That the Almighty Governor of the Universe may ])rotect and bless your Excellency and your Family, wherever you may be called to sojourn, is our earnest Prayer. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, Freeholders and Inhabitants of the To\vnship of Nelson, respectfully approach your Excellency with Sentiments of deep Regret at the Prospect of Ci.!.) 3 P 3 your No. 73. Sir F. B. Head ((I Lord Glencli;, 20tli March \&Jb. Knclotiire!!. No. 7;i. Sir V. B. Hold to lAirt] (ileiirlg, JDlli March 1838. Kiirlustires. DESPATCHES FROM SIR F. B. HEAD, Haiit., your early Departure, and we assure your Excellency tliat we shall ever remember with Gratitude the Zeal, Ability, and Justice witii which vou iiave conducteil the Affairs o ' "s Province during the short but eventful I'eriod of your Administration. We have seen with A .islunent the desperate Attcni])ts of a few dis- ai)pointed Individuals to embarrass the (iovernmont, and subvert oiu" Comiexion with the Mother Country ; and admiring as we do the un^haken I'UMUiess with which you have maintained inviolate the IJritisli Constitution, we view your Departure Horn amongst us at .so critical a I'eriod as an Event deeply to be deplored. In the Midst of our Regret we, in common with Her Majesty's other Subjects of this Province, have One Cause of Congratulation, tiiat on your Excellency's lleturn to England you will be enabled to make such a full and complete Representation of the State of Affairs in this Colony that Her Majesty's (Jovernment will be induced to adopt such a Course of I'olicy as will ensure to us the Advantages which our Fidelity and Attachment to our Constitution and Laws give us a Right to expect. And it is our earnest Hojje that the same Providence which has been so signally extended to us diuing the late Rebellion, will continue to protect your Excellency throughout your future Career, and that the sanvj Esteem and Respect with which you are regarded in this Province mav be evinced for your Excellency on your Return to the Mother Country, and tJiat your Excellency's Administration of the Government of this Province may receive the unqualified Approbation of Her most Gracious Majesty. i:.' .1 To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guel])hic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it ])leasc your Excellency, We, the undersigned Inhabitiuits of the Townshij) of Esqucsing, beg Leave 1o a])proach your Excellency with our deep and sincere Expression of Regret that your Excellency's Administration of the Government of this our beloved Province is so soon to terminate. Sir, when we review the Circumstances of Difficulty and Danger, and the bitter and malicious Obloquy which has attended your every Word ami Action, we beg to assure yoiu' Excellency that our best Sympathies were ever alive on your Behalf; and now that Circiunstances have manifested to the World, that your Genius exerting itself in a firm and undeviating Line of upright Policy has crushed the most foul and ungrateful Rebellion tiiat has cvs'r stained the History of an enlightened Peoj)le, we cannot forbear to ex])ress to your Excellency our deep Sorrow for the Cause (whatever Name it may deserve) which deprives us, at this Juncture of our Aftairs, of the Bi^netit of your Excellency's wise Administration. We agree in the Persuasion of our worthy Representatixes in the House of Assembly, " that the Blame cannot rest with your Excellency ;" and we do also with them express "our earnest Hope that your Excellency's Prosperity in future Life may be commensurate with the Claims, deej) and lasting as they are, upon our Ciratitude, the Approbation of our gracious Queen, and the Acknowledgment and Applause of the British Nation." There is One more Subject of Regret which we would beg leave to notice, namely, that the short Space of Time since our Return from the Li/ies to our widely scattered Homes, and the still shorter Period since we became convinced of the Fact that your Excellency had been su])erseded in the (Jiovcrnment, has had the Effect of depriving many of our Townsmen of the Privilege of joining Avith us in this simj)le but sincere Address ; and we would further express our Belief, that Sentiments favourable to your Excellency's Character as (iovernor and (rentleman are co-extensive with Loyalty and good Feeling throughout the Province. We are. Sir, on behalf of the Inhabitants of the Township of Esquesing, as well as in our own Persons, your Excellency's most obedient and respectful Innnble Servants. , B V /1-V->, ON THE SUBJECT OF CANADA. 487 tliis our beloved To I lis Excellency Sir Francis Bond Head, Baronet, Knight Coni- nuinder of the Royal Hanoverian (nielphic Order, Kniglit of the Prussian Military Order of Merit, Lieutenant Govornor of the Pro- vince of Upper Canaila, &c. &c. &c. May it j)lease your Excellency, We, Freeholders and Inhabitants of the Township of Flamboro' Fast, re- spectfully apjnoach your Fxcellency, impressed with deep Sentiments of Sorrow and Regret at the early Prospect of your Departure from this Province. We feel that in parting with your Excellency we shall be deprived, at a critical Juncture, of a Lieutenant Governor in whom every loyal Subject must repose the most implicit t.'ontidence and Hope. W'c lament that our gracious Sovereign, by reason of the Distance which se|)arates us from the Parent State, nnist necessarily be precluded at this Moment from deciiling upon the Resignation which in an Hour of profound Quietness and IVace Circumstances induced your Fxcellency to tender. The astoimding Events which have occurred in our Province within a few Weeks nuist ever distinguish that Period as one of the most important in the Annals of U|)per Canada ; and we would assure your Fxcellency, that a grateful Peo))li' will e\er associate your Name with tiie Extinction of the foul and base Rebellion which has lately disturbed our Land. You will leave your CJovernment, Sir, with the cheering Consciousness that tlie Traitor's Arm is unnerved and Loyalty triumphant ; and whatever may result from the unkind and mnational Conduct of a neighbouring State, we fear no Contradiction in altirming that your Policy has been equally forbearing, hoihiurablr-, and wise. The great Nation, of which it is our Happiness and Pride to form a Part, will we doubt not be firm in j)rotecting her loyal Subjects from Injury, promjjt in requiring Retribution and Satistiiction for any Insult she may have sustained. We rest our Cause upon its Justice, and humbly and devoutly jjlace our Reliance upon that Almighty God who has in so signal a Manner at this Time, stretched over us His protecting Arm. With our kindest Wishes for Prosperity and Health to your Excellency, wherever your Sovereign may call for your Service, we biil you Farewell. To His Fxcellency Sir Francis Bond Head, Baronet, Knight Com- mander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Militr.ry Order of Merit, Lieutenant Governor of the Pro- vince of U})i)er Canada, &c. &c. &c. May it )>lease your Excellency, We, Her Majesty's dutiful and loyal Subjects, residing in the Township of Nichol, having beard with the deepest Regret that your Fxcellency had tendered your Resignation of the (Jovermnent of this Province, and that your Resigna- tion had been accepted of by Her Majesty's Ministers, beg leave in the most respectful Manner to shite to your ICxcellency the heartfelt Regret with which we have learned this Resignation, and the consequent Removal of your Fxcel- lency from amongst us. We regret the Policy of Her Majesty's Ministers which induced them to accept of your Excellency's Resignation. The pecidiar Situation in which your Excellency found the Province on your Arrival, the many various and conflicting Interests with which you "had to contend, the Result of the foul and unnatural Conspiracy and Rebellion which was so s[)eedily suppressed by your Excellency's wise and energetic Measures ; all these, and many more of your Acts, serve to convince us of the inestimable Value of your Services as our Governor, and the great and irreparable Loss which the Province will sustiiin by your Removal. But since we must lose you as our Governor, permit us with all Sincerity to bid your Excellency Farewell. You take with you the best Wishes and Prayers of all loyal British Subjects ; and you will have the gratifying Reflection that all your Acts have tended to the Glory and the Good of this Province. May your Excellency long enjoy Health and Prosperity. No. 73. sir F.J). Head lo Lord (iltialj;, 20th \fHRl. 1Mb Eiii'loitiro. i • (11.) 3P 4 To No. 73. S\r V. II. Hend ti> Lord GItneIg, 2()thMurcli 1838. Knclo!iiire». 488 DESPATCHES FROM SIR F. R. HEAD, Rart., To His Excellency Sir F. 11. Head, Baronet, Knij^lit Commander of the Royal Hanoverian Guelpliic Order, Knight of the I'ru.ssian Militiuy Governor of tiie Province of Upper Order of Merit, Lieutenant Canada, &c. &c. &c. May it please j'our Excellency, We, Her Majesty's loyal and diitifid Subjects resident in the Town ofGuelnli and its Vicinity, have learned with Eeeliiigs of the deepest Regret, that the Period is at hanil which is to terminate your Excellency's Government of the Province of Upper Canada. Selected by a discriminating Sovereign to administer the Government of thi-! inij)ortant Portion of His Dominions at a Crisis of extraordinary Embarrassment, you have amply justiHed the Choice. Upon your Arrivid amongst us you found the Province torn by Dissension, and the Eriends of Constitutional (iovernment in Doubt and Despondency. How great, how happy has been the Change during your Excellency's short but brilliant Administration. Public Questions of a perplexing Nature have been satisfactorily set at rest; the Designs of a Party, whose single Object is now proved to be the Overthrow of British Supre- macy, have been signally defeated ; a Spirit of the most devoted Loyalty has been enkindled throughout the Province, and the Standard of public ^Iorals has been exalted by tlie straightforward Integrity which your Excellency has displayed. Those Services ha\ e been already acknowledged by a distinguished Mark of your Sovereign's Approbation. It needed not therefore your noble Conduct during the late unnatural Rebel- lion to confirm our Sentiments of Respect and Affection for your Excellency's Person and Government. Here you require no Testimony from us ; that Testimony is better borne in the present general Tranquillity of the Province, which durinj; the Piogress of the recent Revolt had not a Soldier within its P. unds ; and were it not for the audacious Aggression of the People of a foreign Nation there would now be but little to remind us that a Rebellion had taken place. At such a Period we lament that the Policy of Her Majesty's Government has been such as to lead to your Excellency's Resignation, and we are unable to exjjrcss our Sorrow for the Loss of a Governor whom vc believe so well qualified to promote the Peace and Prosperity of the Province, to develope its natural Resources, and to confinii it in its loyal Attachment to the Parent State. And now, Sir, permit us respectfully to bid your Excellency Farewell. Had it been in our Power we would tain have retained you amongst us ; but since it is otherwise ordered, it is some Consolation to us to know that you will b'.>ar with you the good Wishes and the Blessings of all Denominations of Her Majesty's loyal Subjects, and that you will enjoy, what is better than all, the proud Consciousness that you have done your Duty. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, Her Majesty's dutiful and loyal Subjects, the Inhabitants of the Town of Port Hope, hereby beg leave to approach your Excellency with the Expression of our warm Attachment and Regard to your Excellency's Person and Government. In common with the rest of our Fellow Subjects, we view with Admiration and Gratitude your Excellency's firm and uncompromising Maintenance of the glorious Constitution under which it is our Privilege to live, thereby giving the Inhabitants of this Province the Opportunity of showing, as they have so decidedly done, their devoted and unshaken Loyalty to their Sovereign, and their ardent Desire to maintain inviolate their Connexion with their Father Land. If any thing were wanting to cement the Regard, Attachment, and unbounded Confidence in your Zeal, AbiUty, Justice, and honourable Disinterestedness which 0\ THE SrnJECT OF CANADA. m which your Excellency has awiilicned in every trm; Lover of his Country ihiring nv73. your too brief but arduous and very eventful Administration of the (Jovern- Sir F. B. ifeia nient, it would be over abundantly supplied by your generous Appreciation of ^ and Kelianee upon the Loyalty and UiglitniindodnLss of this Province, and by 2«iU MiidUMS the rroniptitude, Decision, .and Intrepidity with wiiich yon have enabled that ' Loyalty to exhibit itself, to the Confusion anil the Defeat of parricidical Knd<»«f«». Rebellion and treacherous Aggression, .. ith the deepest Surprise, Disapi)ointinent, and Regret, wc have learned that any Circumstances could have occurreil to have made you feel it your Duty to refincpiish the Ciovernment of this Province, and we feel it incumbent u])on us to express our hearty Concurrence with the Sentiments of oiu- Representatives, and with thenj " humbly, but earnestly and emphatically, to declare, that if any thmg be calculated to shake the Attachment of Her Majesty's now truly loyal and devoted Subjects to Her Royal Person and (Jovernment, it is by Acts of Injustice or tlie Manifestation of ungenerous Distrust towards Men who have served the British Nation so faithfully and nobly as your Excellency has done." In bidding your Excellency a reluctant but affectionate Farewell, we cannot refrain from indulging the i)leasing Hope that the Voice of this Province will be heard which unanimously calls upon our Gracious Queen to express Her Sense of your Deserts by some Token of Apj)robation worthy of your Excel- lency's Merits and the Importance of the Province which you have twice preserved to the British Crown. Praying that all Prosperity, spiritual and temporal, may attend your Excel- lency and your amiable Family, we unwillingly bid you Farewell. I To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. kv. Sec. May it please your Excellency, We, the undersigned loyal Inhabitants of the Township of Haldimand in the District of Newcastle, regarding with utter Abhorrence the recent atrocious Attempt to inflict upon this happy Province all the Horrors of Rebellion and civil Strife, are anxious to assure your Excellency of our Attachment and Fidelity to our Sovereign and to the Government under which we have the Happiness to live, and that we are ready to aid you in defending these Blessings with our Lives and Property. We regret that even a small Portion of our Fellow Subjects should have been so devoid of common Sense, Gratitude, and true Patriotism as to suffer a few turbulent and degraded Individuals, whose Atrocities are unredeemed by a single Virtue, to seduce them from their Duty and Allegiance, and incite them to Rapine, Murder, and Treason, by those trite Means of Delusion which have ever been resorted to by the wicked and mischievous, and by Promises of Plunder which could only operate upon base and sordid Minds ; but we rejoice that an Opportunity has been thus afforded of proving to the World that your Excellency's Confidence in the general Fidelity and Loyalty of Upper Canada was well founded, and we trust that the Slanderers of this glorious Province on both Sides of the Atlantic will be now silenced for ever. We have learnt with Feelings of Indignation which no Language can ade- quately express that at a Moment of profound Peace the People of the United States of America, in violation of all national and moral Obligations, are embodying Troops and arming for the avowed Puqioses of invading our Country, aiding the Incendiaries, Murderers, and Traitors who, driven hence, have sought their u.^hallowed Protection, and thrusting upon us the most oppressive, demoralizing, and uncontrollable of all Tyrannies, a Mob Despotism, in lieu of the mild, free, and efficient Government which we have the Hap- piness to enjoy under the wise and firm Administration of your Excellency. They shall find that the same strong Arms and loyal Hearts which recently overthrew domestic Traitors are equally ready to repel and chastise any auda- cious Violation of our peaceful Soil by Foreign Plunderers and Assassins. (41.) 3Q To H M :i n 490 DESPATCHES FR0:M SIR F. B. HEAD, Baui., No. 73. Sir F. B. Head to Lord Gleiielsr, 20th March 1838. Endosures. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the lloyaf Hanoverian Giieli)hic Order, Knight of the Prus.sian Military C3rder of Merit, Lieutenant Governor of the Province of Uijper Canada, &c. &c. kc. May it jilease your Excellency, We, Her Alajesty'.s dutiful anil loyal Subjects, Inhabitants of the Township of Seymour, having heard with Astoni.shment and Indignation that Preparations for the Invasion of this Province have for some Time been making by Bands of lawless Americans, in allegiance with those Traitors who have recently fled from the Punishment due to their Crimes in this Country, feel it our Duty to express to your Excellency our Attachment to the revered Constitution under which we were born, oiu' Respect for the equal Laws and mild Government of our ado])ted Country, and our rirm Determination to protect them to the utmost of our Power. Engaged in the arduous Duties of new Settlers in the Forest, and remote from the Scene of the wicked and umiatural Rebellion which your Excellency's Firnmess, and t' . Loyalty of Her Majesty's Canadian Subjects, have so happdy terminated, we have been unwilling to occupy your Excellency's Time by a vain Display of AtUichment to our Sovereign, — a Feeling which recent Events have shown is conunon to all but the most worthless in this Province. But we feci that a Period is now arri\ eil when it may be of Imi)ortance to your Excel- lency to know the Sentiments of even the humblest of ller Majesty's Subjects, and that those Sentiments should also be made known to those deluded Persons beyoiul our Frontier who may have been induced to lend their Aid to the degraded Men who have escajied from our Shores, by the Belief that they are es])ousing the Cause of the oppressed, when in fact the only Ojjpressors we have known were those very Persons, when placed by the umnerited Confi- dence of their Countrymen in Situations of Power and Authority. "NA'e have read with great Satisfaction, in the Speech deli\ered to the Two Houses of Parliament at the Ojjening of the present Ses.sion, your Excellency's Connnents on the Conduct of that Portion of the American People who have presumed to interfere in the ilomestic Policy of our Country, and rejoice that at so trying a Period Her Majesty's Authority siiould be delegated to an Officer so capable of preserving tuitarnished the .spotless Fame of tlie great Nation to which it is our Pride to belong. With your ICxcellency we shall lament the Necessity for an Appeal to Arms in vindication of our outraged Liberties, but if the threatening Storm should burst upon our Land, witli Heart ami Hand we shall tlien respond to your Excellency's Summons to ])repare for the coming Conflict. n To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelpliic Order, Knight of the Pru.ssian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. ike. &c. May it please your Excellency, We, the undersigned Inhabitants of Cohourg and its \'icinity, beg leave on your Departure from this Pro\inee to express to your l^xcellency our deep Regret that your Excellency, in conseipience of a Difterence of Oj)inion with Her Majesty's Ministers, should have thought it necessary to tender your Resignation of the Government of this Province. To youi' Excellency's unwavering Adherence to the Principles of the Con- stitution, to your Arm and undisguised Opposition to all Measures tending to deteriorate the Atlvantages which we deri\e from our Connexion with England, we ti'el this Province is indebted for the Suppression of the rebellious out- breaking of the disallected, who sought to embroil us in a Civil War ; nor can we withhold our Thanks and Gratitude for your Excellency's Expression of your entire Coiifldeuce in the Loyalty of Her Majesty's Canailian Subjects, and we feel })roud that such Confidence was not misplaced. Allow us to express our sincere Regret that your E.vcellency's Government has been of such short Duration, aiul that while we were looking forward to the Enjoyment of re- established Peace and Prosperity under your Excellency's Admuiistration, the Province De ■m^:"^), ■ ,Vr^.-'k^i!^^ :,:^'^i^.'rM it Commaiulor i" the Prussian e Province of le Township of it Preparations iig b)' Bands of c recently fled it our Duty to stitution under Government of m to the utmost ;st, and remote lur Kxcellency's have so happdy cy's Time by a h recent Events )vince. But we > to your Excel- ijesty's Subjects, dehided Persons heir Aid to tiie cf that they are >■ Ojjprcssors we nnnerited Confi- cred to the Two our Excellency's People who have and rejoice that ted to an Officer ^ "n-eat Nation to Appeal to Arms ug Storm should respond to your jvht Commander t '()f the Prussian_ the Province of lity, beg leave on ellcncy' our deep of Opinion with ' to tender your _'iples of the Con- asnres tending to ion with England, le rebellious out- ivil War ; nor can expression of your Subjects, and we us to express our een of such short En'joynicnt of re- dmhiistration, the Province ON THE SUBJECT OF CANADA. 491 Enclosures. Province should be de])rived of the eminent Services of your Excellency. Wc No. 73. trust, however, that Her Majesty's Ministers may use the Information whicii Sir F. B. Head your Excellency will be enabled to give as to the real State of this Province to Tin) the Adoption of a Line of Policy mo'-e conducix e to the interests of the Pro- ooi'a March 18^8. vince thaii hitherto has been jjursued by them. We humbly pray your Excellency may be pleased to convey to the Foot of the Throne an Assurance of our Fidelity to Her Majesty's Person and Gov^ern- ment, our Determination at all Sacrifices to preserve our Comiexion witli Great Britain, and our Readiness to rally round the British Standard to op})oye Foreign Invasion, as in the Suppression of domestic Rebellion. Our Prayers will be ofte'red to the Dispenser of all Good for the future Welfare of yourself and Family, and that you may reap those Blessings which a Consciousness of upright Intention and an honest Fulfilment of your Duty to your Sovereign and the People committed to your Charge is capable of bestowing; and we beg to assure your Excelle ~cy, that your efficient Sup- pression of the late Rebellion will long live in the Memories of an attached and grateful People. We have the Honour to be your Excellency's obedient Servants. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian ^lilitary Order of Merit, Lieutenant Governor of the Pro\ince of Upper Canada, &c. &c. &c. May it please your Excellency, We, the undersigned Iidiabitants at the River Trent and its Vicinity, beg leave respectfully to ap))roach your I'^xcelleney with Expressions of Regret, occasioned by your Announcement to the J'ar'ianient of this Province that a Successor has been appointed by the Im])crial (Jovernment to supersede your Excellency in the Administration of the Affairs of this Province. We cannot but remember the Circumstances under which your Excellency assumed the Administration of the Affairs of this Provhice ; the vexatious Proceedings of the last Provincial Parliament, your manly and British Feeling in apjjcaling to the Sense of the Country, the Respony^ of the loyal Peojile of this Province to that Ap])eal, ami the full Reliance which all the loyally dis- posed piaced on the Administration of your Excellency ; nor can we forget your Forbearance towards tiie Instigators and Participators in the late futile Insurrection, and successively the Firmness, Decision, and personal Intrepidity manilL'sted by your Excellency when the Leaders of that Insurrection had, by- Sophistry and otherwise, contrived to stir up a hostile Feeling, as well towards the peaceable Inhabitants of this Province as the Connexion and Supremacy of the British (lovernment. We camiot help exjjressing our Satisfaction at the triumphant jMaimer in which you have carried us through our Diiliculties up to the present Moment, and our Regret that the Province shouhl be dci)rived of your valuable Services at this Time. At the same Time, we cannot btit feel that the loyal Part of the Po})ulation ofthisaswell as the Lower Province I':iv • unt. been fairly dealt with by the Ministry in England during the last few Years, ar. Instructions have been inva- riably fbrwariled by which the Governcns in these Provinces have been ham- pered in their Endeavours to encourage loyal Feelings, and at the same Time, that the factious and seditious have been encouraged to make Demands contrary to the S[)irit of the British Constitution. In tendering oiu- most resj)ectlid good Wishes to your Excellency o!i your Departure from this Pro\ ince at this most trying Moment, and without at all depreciating the ^\'orth and Merits of your Successor, we cannot_ allow you to depart without entrusting you witii oiu- clearest Reciuest, to be laid before our (iracious Queen when you shall triuinpiiantly have est;djlished the Rectitude 01 your Proceedings and Intentions belbre Her Majesty's Government, as you assuredly will do. We therefore' beg that your Excellency will assure Iler Majesty of our Lo)^akv and Affection for Her Crown and Person, of our Attachment to the British Constitution of Queen, Lords, and Connnons, and if any Regret at all exists here, (4.L) y Q 2 it f ! 408 DESPATCHES FROM SIR F. B. HEAD, Bakt., No. 73. Sir F. B. Head to Lord Glenelg, 20lb March 1838. Euclosurcs. it is, that tlic Constitution of tliis Province is not more closely assimilated to that of Great Britain. We beg to remind your Excellency, in truth of this Assertion on your Approach to our Gracious Sovereign, of the Nature of the Population of this Province. The U. E.'s who left the United States because tliey preferred a Afonarchical to a Republican Form of Government, the Emigrants from the Parent State, niutured under a Monarchical Form of Government, and who, from their present Contiguity to a llei)ul)lic, have seen nothing in the latter to prefer, but every thing to detest, when compared with the former. A Sense of Justice compels us to add, that many of our most attached Fellow Subjects in tills Province are Natives of the Republic to which Reference has just been maile ; and if there are Traitors among us, recent Events compel us to acknowledge, we know that they are neither numerous nor influential. In leaving us we beg to assure your Excellency that you have with you our best ^^'ishes for yoiu' future Pi'osperity, Happiness, and Advance- ment. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. kc. May it please your Excellency, We, the undersigned Inhabitants of the Township of Norwich, sympathizing in connnon with the whole Conmumity of this Province at the unexpected Removal of your Excellency from the Lieutenant Governorship, deem it our Duty to address you on this Occasion. We lament exceedingly the Fact, whatever may have been the Cause, of your Removal, and we cannot allow your Excellency to depart without testifying our Approbation of your Conduct in the Administration of Affairs in this Provuice. We admire the manly, straightforward, and vigorous Course your Excellency has pursued under the humiliating Position a few misguided and unjjrincipled Men have plunged this Province ; and we feel assured that the Tranquillity we at this Moment enjoy is mainly attributable to the judicious and sound Views your Excellency has taken and the spirited and firm Resistance you have shown. Accept, Sir, the heartfelt Thanks of your sincere Admirers, and carry with you wherever you go our unfeigned Prayers for your future Happineso nr,' Prosperity. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &:c. May it please your Excellency, We the Grand and Petit .Jurors of the District of Bathurst in General Quarter Sessions assembled, and other Inhabitants of the District there met together, very respectfully approach your Excellency for the Purpose of con- veying at this Period of great and interesting Excitement our unalterable At- tachment to the Person and Government of our most gracious and beloved Queen, and due Determination to preserve, at all Hazards, the Connexion that so happily exists between this Country and the Parent State, truly sensible of the Blessings we enjoy, grateful for the Protection we receive, living under no Species of Oppression or Misrule, enjoying Liberty unbounded, and the free Exercise of our Religious Principles. We have Hearts that revere a Govern- ment that confers so many Benefits, we ajijircciate its Justice, and are satisfied with its Rule ; we therefore cannot but deplore that in this highly favoured Province, where the Administration of the Government is so justly and mildly exercised, i^:.^^i,t^^ ::^:^X ON THE SUBJECT OF CANADA. 493 exercised, abaiuloncd, unprincipled, and ungrateful Wrctclics should be fouudwho would so far forget tlieir Allegiance and tlicir Duty to tiieir God as to appear in the Ranks of Disaffection and Rebellion, and who, setting all Law at defiance, liave ojjenly ajjpeared in Arms to subvert that (joverninent, and destroy the Peace, Ha])piness, and Contentment of Her Majesty's loyal and well-disposed Subjects. But, that merciful God, who watches over the just, who protects the innocent and oppreiNsed, did not desert t)ur loyal Fellow Subjects in the Hour of Danger ; the Strujjgle between good Government and Revolution in this Province was short, and the Confidence which your Excellency so unhesitatingly reposed in the Loyalty and Fidelity of the Militia of Upper Canada was gallantly exemplified by their prompt and effectual Assistance, scattering to the Four Winds of Heaven the Traitors to their God, their Queen, and tlicir Country. The Firmness and moral Courage of your Excellency has not escaj)ed our Observation ; the Zeal and Ability manifested by your Excellency, nobly aided by the Gallantry of the Militia and Volunteers in disj)ersing the accursed rebellious Band that hovered round the Seat of Government and threatened its Destruction, together with the loyal and brave Inhabitants oi' Toronto, merit our grateful Acknowledgments ; and we do indeed sincerely lament our Want of Language sufficiently forcible to express our Congratulations on so imi)ortant and auspicious an Event. The Remembrance of the brave Defence, conducted under your Excellency's inmiediate Conunand, will be long cherished as the proudest Day in the Annals of Upper Canada ; and, while Justice is tempered ■with Mercy, it becomes your Excellency at the same Time, however distressing it may be to your humane and benevolent Character, to punish those whose Talents and Example were so nearly plunging this Province into the Horrors of a Civil War. To your Excellency, personally, we beg to tender our Feelings of Confidence and Attachment, and conclude with a fervent Prayer that Success may ever attend Her Majesty's Arms. No. 73. Sir F. U. Head to Lord Glenelg, 2Ulli March 1838. Enclosures. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, the undersigned Inhabitants of the Townships of Torbolton, Fitzroy, Pakenham, Macnab, Ilorton, Ross, Westmeath, and Pembroke, consider our- selves imperatively called u])on, in the present State of public Affairs, to jjrofess our Loyalty to Her Majesty, and our 13etcrmination to resist to the utmost of our Power the wicked and absurd Attempts to dissolve the Connexion which at present exists between Great Britain and Canada, the Maintenance of which we firmly believe to be essential to the Welfare of the Empire at large, and more especially of the Canadas. In declaring our Attachment to the British Constitution, we are influenced by a Sense ot the many Advantages which we derive from it, and from a Con- viction that under no other Form of Government whatever can we hope for Contiiuuuice of the same interna! Peace, Civil and Religious Liberty, and the same Security for our Persons and Property, which we now enjoy. That we would cherish the most friendly Feelings towards our Fellow Subjects of French origin, and consider the great Majority of the Insurgents in the Lower Province as deluded by designing and interested Men, of whose cold- blooded Atrocity in urging on a brave and once loyal and contented Peasantry to their own Destruction we cannot sufficiently express our Abhorrence. If we could for a Moment suppose the Possibility of Papineau, Mackenzie, and other Rebels succeeding in their mad Projects, it is our Opinion that the People of these Provinces would be subjected to the Tyranny of a Gang of ambitious Demagogues, who would be as insolent Rulers as they have been bad Subjects ; and from their recent Conduct it would appear we should have to dread, under their Domination, a Repetition of those Scenes of Massacre and Bloodshed which took place during the French Revolution. It is therefore our Determination, in a Reliance on Di\ ine Providence, to aid by every Means in our Power Her Majesty's Government and the Executive (41.) 3Q 3 Governments ■'. > 1 1 , *^ If IM 1^ 404 DESPATCHES FROM SIR F. B. HEAD, Baut., No. 73. Sir F. B. Ik'iul to Lord Gienelp, 20th March KS;i8. Enclosure' Governments of tliese Provinces in putting down Sedition and Rebellion, and checi traitorously, wickedly, and murderously conspired to overthrow that very Government to which they had hitherto pivifessed to be tlie most loyal. The undersigned had long regarded the Arrival of your Excellency in this Province as a Means, under Divine Providence, of checking the Rebellion then rapidly progressing ; but when, through the Disappointment of those Men, even of your Executive Council, who were for transfersing the Authority of the Crown into their own Hands, desperate Preparations were making for open Revolt, many Loyalists regarded with painful Anxiety your Excellency's seeming Apathy in calling upon them to disperse the Rebels by Force. They can but acknowledge the mysterious Ways of Providence in bringing this unnatural and cruel Rebellion to a happy and speedy Termination. Tlie Result still bears out your Excellency in the Course you have jjursued. The heterogeneous Medley of Principles contended for by those pretended Lovers of " Civil and P».eligious Liberty" has long engendered in tiie Minds of the unwary those practical Feelings of Strife, Immorality, and Irreligion which is in reality the Views of their Leaders, in sacrificing Honour, Honesty, Truth, Morality, and Religion to the Moloch of their own Emolument. E\ery paternal Act of the best of Governments has been twisted and turned many Ways to excite the pretended religious Feelings of the weak and simple, under the sjjccious Garb of Liberty of Conscience — a By- word and Shibboleth for the most treacherous Designs upon the very Peoj)le wiio are duped by their pretended Lf>\e of Freedom. In frequent Changes there is often Danger, and always some Degree of Disorganization ; and inasmuch as your Excellency had, by your steady, firm, and unflinching Conduct in sujiport of our Constitution, opened the Way for oiu' Advancement as a People, we had hoped your ExcellL-ncy might remain in your present exalted Station, until the mild and refreshing Fruits of Peace and Contentment should .spread the benign Influence of hopeful Security, in the Enjoyment of the Fruits of honest Industry throughout tlie Province ; but though, through the Course of official Injunctions from the Colonial Office, the Laurel is thus plucked from your deserving Brow, an imperishable Monument of a Country's Gratitude will shed its hallowed Influence around your Retire- 4 ment ; ■%'^\-' V^v^i.'^ '(MM^^^^; 0\ THE SUBJECT OF CANADA. 497 liglit Commander of the Prussian the rrovince of d Vicinity, in the id Emotions, that Opinion with the sty's Government that it had been ion we want Lan- and persevering the Constitution, Jeset as you were, eked Combination Might a Separation with the Boldness nid exposed their i People; though me the Country's li the Midnight of he Land miserably ;d forth, and in a u were more than 2 Wisdom of your luse of Truth and len aided by a true lut tile murderous lling to submit to isly, wickedly, and to which they had Excellency in this the Rebellion then ent of those Men, the Authority of c making for open your Excellency's by Force. They in bringing this lation. The Result ed. )y those pretended ered in the Minds ity, and Irreligion Honour, Honesty, niolument. twisted and turned c weak and simple, ord and Shibboleth are duped by their s some Degree of your steady, firm, pened the Way for .•ncy might remain ng Fruits of Peace lopeful Security, in the Province -, but Colonial Office, the irishable Monument round your Retire- ment; ment ; and we still hope and trust, that when the late Struggle with an unnatural Rebellion siiall he made known to our Gracious Queen, the distinguished Favour of our .' .)vereign will be in unison witli the Feelings of a loyal and a grateful People. Your Excellency's Observation of the Capability and natural Resources of this fine Province will enable you to render us great Services in making known to our Fellow Subjects in England the Safety there is for Loyalty, Wealtii, and honest Industry to be planted in this Portioii of the Queen's Dominions ; and we doubt not that your Excellency's graphic Pen will place before the British Public the favourable Character of this Country and its loyal Inhabitants. At a Time when your Excellency is about to dejjart this Province, an Expression of Feelings thus offered cannot proceed tiom any other Motive than that of offering a just Tribute to your acknowletlged Worth ; and we beg to assure your Excellency, that on taking Leave of this Province you carry with you the devout Prayers of a loyal and grateful People to Almighty God, that your native Shores may afford you the sacred Welcome of a hap])v Home, and that you may be distinguished by some signal Mark of Royal Favour ; and that Health, Peace, and Happiness may attend your Excellency and Family, in whatever Station in Life it may please God to place you. No. 73. Sir F. B. IlM(l to Lord Gleni'li;. 20th Miirch 1S;H. Eiiclosiiri*. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Gueli)hic Order, Knight of tiie Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. ike. &c. May it please your Excellency, We, the undersigned Inhabitants of the Town of King,ston, beg leave to approach your Excellency with the most earnest Assurance of our deep Regret at your Retirement from the (lovernmentof tiiis Province. Your Excellency has been ])leased to inform the Legislature of the Pro- vince, now in Session, that iia\ing had the Misfortune to differ from Her Majesty's Government on some Points of Colonial Policy (yet unknown to us) you felt it your Duty to tender your Resignation. While we iluly apj)reciate tlie Delicacy of your Excellency's ]\Iotivcs in withholding at present from the Public a Knowledge of the Circumstances which induced you to reliutpiish tiie unijortaut Station which for Two Years you had held in this Province, we cannot but express in Terms the most dis- tinct our anxious Concern that any Policy whicii your Excellency has adopted during that Period should have met with the Dissent or Disapproba- tion of a Government in whose Service your Excellency has manifested, with consununate Success, so much Ability, Zeal, and Firmness. We beg leave to assure your Excellency, that ui this Expression of our Sentiments on the present trying Occasion we are not excited by the Im})ulse of transient Sympatliy ; nnicii less are we actuated by a Spirit of Indulgence in the Language of habitual Complaint, a Tone wliich has ever been foreign to the Inhabitants of this Town. We Iiave always been amongst the first to .acknowledge the various Blessings we enjoy from our happy Connexion with the Parent State, aiul the many Favours extended to us by her Rulers ; and for none of tiiese do we enterUiin a higher Sense of Obligation than for the judicious Selection of your Excellency to administer the Affairs of this Colony. This Administration, however to be lamented for the Shortness of its Dura- tion, has been pregnant witii Events the most momentous which ever befel the Destinies of the Province. In reviewing them the Mind is filled with Surprise, while the Heart expands with (Jratitude to the Disposer of all Good, for the signal Success which on tiie most trying Occasions has attended your Excellency's Exertions. Your Excellency assumed tiie Government of this Province, we have jason to believe, ecpially unwedded to |)olitical Creed, and unbiassed by Party isthiction. You availed yourself of lalent where it was to be found; and freely ailmitted to your Councils Men who, under the specious Pretence of Constitutional Reform, had gained for their Party a Majority in the Repre- sentation of the Colony. You thus afforded a Test of their Principles, to (.11.) which 498 DESPATCHES FROM Sill V. B. HEAD, Bakt., Ko. "3. Sir F. P. lleawl to I.i>r(l filiiKlir, .'Olli Marih INIiS. Eiiclijsiiri'S. wliicli tlic Possession of Power instantly proved an jnierrinp^ Touchstone. The Professors of Reform now stood fbrtli as the inidisgiiised Champions of llevohition. Tlie Price of their Services was the Subversion of tlic Consiitn- tion. Your (Jronnd was promptly tai-icn ; and in standing- tinniy by tlie Throne yon ronsed tiie dormant Loyalty of those who hitherto were deluded by tiilse Professions. To your .d)!e Exju^ure of the Desii^ns of the Faction, and to your I'orcible Appeal to the good Sense of the Pi>ople, are we now maiidy indebted for the j)resent Composition of an Assembly, industrious in improving the Resources of the C'ountry, and intent on preserving oiu' happy Connexion with (ireat Rritain. AVhiie in tiu; full Enjoyment of this salutary Regeneiation of our jiolitical Condition, the Revolt of the Trench Canadian Inhabitants of a neighbouring Province became tlie Signal tor Rebellion m this. 'l"he deluded Adiierents of " the Movement Party" rising in Arms to commit tiie most ilagitious Acts of I'reason, Arson, and Murder were in an Instant crushed by tiie overwhelming Power of our loyal Militia, under your ICxcellency's Ausjiices. The l''lamc which burst from the slundiering Knd)ers of Sedition was in a Moment extin- guished; and the Leaven of Iniquity, working lor our Benefit, threw off the Impurities of the Mass, and ])urged Society oi' its f()ulest Ingredients. The late hostile Interference of certain Citizens of a neighbouring State, till tiiat Moment on Terms ol the strictest Amity and Peace, is too recent to need Recital. This ungenerous and unprovoked Ihiueavour to carry ^^'ar into our Border, by succouring a Rami of the most flagitious Outlaws, has been frustrated in like Manner with the Attempt of our domestic Insurgents. *' The Name of every Militiaman in U])l>er Canada" had not been hivoked by your Kxcellency in vain, for the Arm of every loyal Canadian was (piickly raiseil, to take tiiat \'engeancu wiiich the Dispersion of the Invaders alone pieventeil. Tliis Aggression, made in defiance of the Laws of Nations, and in contempt of the (.'ivil Authority, has furnished a salutary Lesson to the People of Upper Canada. It has taught them that Rejniblicaii Institutions, hitherto held up by a Party amongst ns as a Light to attract their Admiration, are in Truth a Beacon to warn them of the Q;;icksands snrromuling Democracy. It has inspired them with increased Attachment to their own hap]>y Condition, and afiorded tiiem a demonstrative Proof of th.eir Strength to maintain our enviable Constitution inviolate, against fiireign as well as domestic Invasion. With these recent Lxamj)lcs of the working of(iood out of Lvik by the all- wise liiiler of Nati(ms, under whose supreme Guidance you have for Two Years iield the Reins of our Ciovernment, we resjiectfiilly take leave of your Excellency, humbly exjM-esshig our Hope that your Excellency may receive at the Hands of our just and gracious Sovereign that Reward which your eminent Services have merited. Ei To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Giielphie Order, Knight of tiie Prussian Military Onler of j\Ierit, Lieutenant (Jovenior of the Province of U])per Canaila, &c. &c. &c. May it please your Excellency, M'e, Her Majesty's loyal and dutiful Subjects, Fieehoiders and other Inha- bitants of the Townshi})s of Ernest Town and Amherst Island, beg leave most respectfully to approacii your Excellency, and ex])ress the Feelings of deep and unfeigned Regret with wiiich we have learned that Circumstances h ive arisen that have induced your Excellency to tender your Resignation of the (ioverii- ment of this Province, and that such Resignation has been accejited by Her Majesty's Govermnent ; and we furtlier beg leave to assure your I'Jxcellency that we duly ajipreciate and shall ever remember with Gratitude the many and great Advantages which the People of this Province have derived from your Excellency's able, firm, and impartial, although short Administration of the Govermnent of this Province, under Circumstances of peculiar Difliculty and Danger ; and we are firmly persuaded it is owing to the Wisdom, luiergy, and Decision of your Excellency's Measures that an Opportunity lias been afiorded to the loyal Inhabitants of this Province to evince their strong and unalterable 7 Attachment N'^i^^M ■^i:K.*^ ON THE SUBJECT OF CANADA. 499 ^g Toiiclistonc. 1 Cliani))ions of )f the (_,'onstitii- iirmly by tlic to wore (U'liuU'il of the Faction, Ic, arc we now , iiidiistrious in rving our liupjjy of onr ])olitical ■ a neighbouring >il Adiicrents of lag'itious Acti-: of ic ovcrwhehninjf es. The Fhmic I Moment extin- it, threw oil" the nUents. fiiboiirinu; State, is too recent to o carry ^^'ar into iitlaws, has been estic Insurii;ents. been huokod liy lian was |)er iiitlierto held up 1, are ni Truth a locraey. It has )y Condition, and nain our enviable ision. Evil, by the all- ;)u have for T\vo ke leave oJ" your cv niay receive at ich your eminent ught Commander t of the Prussian f tiie Province ot' •s and other Inha- iil, beg leave most eiings of deep and Innces hive arisen on of the (iovern- accei)ted by Her your Excellency ude the many and derived from your ninistration of the uliar Difliculty and idom, Energy, and ' has been attbrded ng and unalterable Attachment Attachment to tlie Government and Constitution under which we iiave the K'"iV"fi Happiness to live, and their firm Determination anil Ability to defend them '' ' ^^^ against all Attacks of domestic Treason or foreign Aggression. Deeply im- Lonl (Jlenel.-, j)iessed with these Sentiments, we tender to \(;ur Excellency the Assurance of -Oili Mardi \>3i. our earnest Hoi)e that Her Majesty's Government will duly ai)preciate and re- ,, " 1 .1 • . . ^- ■ 111 1' II .11.1, i Kiiclo.iurfs. waril the unportant .Services reiiilered by your hxcellency to tiie l)eht Interests __ of this Province and of the Em])ire, and that we shall ever feel the nio.st lively Interest in your Excellency's \\'elfar(', Honour, and llapi)iness. To His Excellency Sir Francis Bond Head, Haronet, Knight Commander of the Royal Hanoverian Guelphic tJriler, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province ol U2)per Canada, he. he. kc. May it please your Excellency, We, the undersigned Inhabitants of the Township of Grimsby and its Vicinity, beg leave most respectiully to exjiress to your Excellency the deep and unfeigned Regret we ex]>erienced at learning that you were soon about to relinquish the Reins of (Jovernment in this Part of Her Majesty's Dominions. Fidly sensible of the many and great Diiiiculfies v.ith v.Iiich you have had to contend .since your Arrival in this Province, and whicii have been most happily surmounted by that Energy, Decision, and hulgment whicii have characterized your Excellency's Admiirstration of the (ioveniment of Upper Canada, we should be greatly deficient in (jiatitude did we not heartily deplore your De- parture, and duly appreciate the IJenefits which have already resulted fiorn your Excellency's short but brilliant Career of (jovernment. Aware of your Excellency's great and continued Exertions to discharge fliitlifully the Duties of yoiu- arduous Office, to discover and remedy the Defects and Wants of a new Coimliy, fully sensible of the great Ability your Excelleiicv hath evinced in diMeiitaiigling the numerous and difficult Questiors brought beti)re you, and of the astonisiiing Labour you have used to obtain In- fbrination concerning the Province generally, and of the Plans also of the Enemies of our Constitution, so atrocious in their Nature, and to defend us in a Time of unexampled Trouble, we cannot but entertain a Hope that such Knowledge will be made available to the Interests of this Prov'.ice and the Empire at large. We cannot but hope that your active and ehicient Services will soon be acknowledged and rewarded by our youthful and beloved Queen, and that, exalted to some higher Office of Duty, your Influence will be used in our Behalf, and if in our Beiialf (as this promising Region contains the (lerm of a powerful Nation) you may add, to the Welfare and ilapjniiess of the whole Empire and of the World. We commend your Excellency and Family to the protecting Care of that kind Providence which hath "jjiospered your Handiwork." Far di.stant could we have wished that Day to be on which v.e were to bid your I'^xcellency a respectful Farewell ; but .since it is otherwise appointed, we receive no small Degree of Consolation from the Knowledge that your Excellency will carry with vou the best Wishes of all Denominations of loyal Subjects, and that you will be enabled to enjoy ia another Land the great Gratification, a Con- sciousness that you have nobly performed your Duty in this. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian (juel})hic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, kc. &c. &c. May it please your Excellency, Wt •• Simcoe, Honoui your unexi)ected Recall from the Government of Upper Canada. In vain your Excellency would console a loyal People with the Assurance that your Suc- cessor is an Officer of high Character and Experience. Impartial History, in ('l-L) y R '~ recording May it please your r.xcellency, fe, the undersigned Inhabitants of the Township of Medonte, County of coe, in the Name of our Fellow Subjects of the said T'ownship, have the ir to address you, at a Moment of deep Regret and Disappointment, at mexiiected Recall from the Government of Upper Canada. In vain your soo DESPATCHES FROM SIR F. B. HEAD, Baut., No. 7;J. .»iir F. B. Hc:l(l to Lord Gli-nelg. -Otli Marcli l»;)8. l!)iiclu»ures. recording tlic eventful Period of your Administration, will celebrate your just Estimation of the Canadian People, and pronounce, in accordance with the impartial Wndict of the British Emjiire, that to you, inuler the Protection of Divine Providence, it is mainly owinu; tiiat Upper Canada has risen imlignant, and expelled from her Soil a Set of Traitors at j)rescnt leajjued with Pirates, the Opprobrium of a neighbouring Nation. On your Return to our lather Land deign to carry to tiie I'oot of tlie Tluone tlie Expression of our Loyalty and Devotion to our gracious Queen, and explain to I lev Majesty and the British People the Sources of the late Rebellion, and unmask the Designs of those, whoever or wherever they may be, who, under Pretence of Reform ami Redress of Cirievances, hoped to accomplish their revolutionary Schemes. The hardy Veterans, who marched with Alacrity to ])ut down Rebellion, and who are now training us to the Use of Arms to repel the unjust Aggression of a neighbouring Peo])le, will not be forgotten !)y you, nor suHLMcd l)y a grateful C(>untry to languish, when their Services are no hmger recpiired, in hopeless Destitution. May yoin- Excellency, Lady Head, and Family laml in Safety on the Shores of Britain, and may the Blessings of Divine Providence attend you in the Career of Honour, Loyalty, and uncompromising Integrity. To His Excellency Sir Francis Bond Head, Baronet, Knight Connnander of the Royal Hanoverian Guelphic Order, Knigiit of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, the undersigned InhabiUints of Saint Thomas and its Vicinity, beg leave to offer to your Excellency the Expression of our unfeigned Sorrow for your Excellency's ap[)roaching Departure from this Province, and should be wanting in Gratitude did we not come forward to testify unequivocally our high Admiration of the Ability and Firmness displayed by your Excellency in administering the Government of this Province. We cannot too strongly express our Regret that any Diflf'erence of O})inion between Her Majesty's Ministers and your Excellency should have caused your Excellency to resign the Government of this Province, convinced that the Policy pursued by your F^xcellency was the best calcukited to promote the Welfare of the loyal Inhabitants of Upper Canada, and to maintain the Con- nexion happily existing between this Province ami the British Em])ire. Yoiu" Excellency wisely determined to repose Confidence in the truly loyal and great Majority of the People of Upper Canada, who are now proud to consider your Excellency as one of their greatest Benefactors. Dark Clouds of gloomy Apprehension hung o\er our political Atmosphere when your Excellency assumed the Go\ernment of this Province. These have licen promptly dissipated by the Wisdom of your Excellency's Administration, and a >'rospect of Peace and Prosperity already dawns upon us. Satisfied that a Consciousness of having done your Duty to your Sovereign and to the loyal Inhabitants of this Province will accompany your Excellency through Life, we beg leave to add our humble Prayer to the Almighty Dis- penser of every Blessing for your Excellency's Welliire and Happiness. i i 1 I :| ■ I t;; 1 i To His Excellency Sir F. B. Head, Bart., Knight Comnuuider of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Provhice of Upper Canada, &c. &c. &c. May it please your Excellency, We, Her Majesty's dutiful and loyal Subjects resident in the Village of New- market and its Vicinity, beg to assure your Excellency, that we learn with e^ret that the Civil Govennnent of this i'rovmce is to continue ft extreme Re'i for .so short a Time in your Excellency's Charge. At the Time when it pleased our late most Gracious Sovereign to select your Excellency to administer the Government of this important Part of His Dominions, ';til,>*. ON THE SUBJECT OF CANA.DA. )01 ;hrate your just ilanco with the e I'rotfction of iscn iiuligiiaiit, L'cl with Pirates, to our Fatlier of our Loyalty hijt'sty and the . tlic besif^ns of of Reform and Schemes. Tlie )eIHon, and who Ajj;,t;ression of a I'd by a jj;rateiiil red, in hopeless ty on the Shores jnd you in tlie No. 7.'>. >r F. B. Ilcud to Dominions, tiiis Province was distracted by Disscnsiowi, and the Friends of the Constitution in a State «)f Despondency. How j^jreat, how hap|)y Uim been the Cliange durin,|,e,s tor the lasting Prosperity and Happiness of yourself ami jour amiable L ird (ilinelg. 20tl. Mirch 18:18. Fainilv. KiK'liiiiures. ToIIis Excellency Sir Francis IJoml Iload, IJironet, Knight Commander of the Royal Hanoverian Ciiielphic Order, Kni<>hl of tiie I'rii.ssian Military Order of Merit, Lieutenant CJovernor of the Province of Upper Canaila, ike. ;s.c. Sic. May it j)lease your Excellency, We, the Inhabitants of Peterboroufjli and its Vicinity, in the District of Nev» castle, ajjproaeh your Excellency, to address you on the Eve of your Depar- ture f()r the Soil of your Birth, •and to express our U(\t;ret that Instructions wliich an uj)rii;fiit and honourable Mind could not conscientiously com])ly willi obliged you, in the laithlid Discharge of your ditlicult and important Duty to your Queen and this Province, to resign a (Jovermnent tliat has been filled, althougii arduously, with Indej)endence by England's Representative, and Security to its Inhabitants. We cannot but review with Satisfaction the extraordinary Political Changes that have taUen place since your Arrival among us, and the Call you made in the early Part of your Administration to the Sense ami Feeling of llie People, on the D'ssolution of the House of As.' [)rofessing F'riendship and Neutrality ; and congratulate (ireat Urhain on ,,..ving u just and tirm Supporter of our national F.iitli and Honour. You have a])])laudei[ the Patriotism and Loyalty of the Militia of this Country ; ejjend upon it they consider it their Honour as well as their Interest to maintain inviolate tlie Laws of our ha])j)y Constitution. If we have Cause to lament our Lo.ss, we have likewise Occasion to rejoice wlien we reflect on the Representation that will be made in oiu' IJehalf to our youtliful and beloved Sovereign, that Her Subjects in Ui)i)er Canada are h)yal ; and proudly claim, as their IJirthriglit, the Protection of the Flag tliat waves over them, knowing, that if it receives an Insult Redress must follow. In adverting to our Regret at y.'ur F^xcellency's Dejjarture, and to our un- shaken Confidence in your Decision under the ])re.sent singular Aspect of public Art'airs, we cannot rethun I'njm expressing our sincere Wishes for your Haj)pi- ne.ss, and connnending you to tlial Providence wiucli has .so signally interposed lor till' Safety and Welfare of our adopted Country. On leaving us, you carry with you the great Prize of having discharged the Duties of your A])))ointment with Honour, Sj)irit, and Integrity; you leave a Peoj)'e who deejily deplore your Departiu-e, and who alfectionately wish to your Excellency and Family a .sate and sj)ecily Passage to your native Land. To His Excellency Sir Francis Bond Head, Baronet, Knight Com- mander of the Royal Hanoverian Guelphic (;)rder, Knight of the Prussian Military Order of Merit, Lieutenant Cjovernor of the Pro- vince of Upper Canada, &c. &c. &c. May it please your Excellency, We, the Inhabitants of ^'onge Street and its immediate Vichiity, learn with Feelings of heartfelt Sorrow, tiiat your Excellency is about to leave us ; to leave us at a Time when your Policy in the Management of the Govennnent of this Province has led to the haj)i)iest Result. Thanks to your F^xcellency, there is not to be found in this Provuice a single Rebel in Arms ; and to our Foreign Enemies we can bid Defiance. " Let them come if they dare." Your Excellency's able Conduct in the Cabinet, and gallant Conduct during the Rebellion, have won our Hearts. You now know all the People in this Province, and we con.sider it a Calamity to lose you at this Time. We still cling to the Hoi)e that you will remain with us. .•u:-'..1.M:-*i'^;- vsf ON THE SUnJECT OE CANADA. 3(KJ oil our sincLM-c ul \ our amiable tCommanilcr of t' the I'nissian •oviuce of Upper tlie District of ; of your Uepar- stnictions wlucli )ly with obliged t Duty to your 1 tilled', altliougli d Security to its 'olitieal Changes you made in the le IVople, on the its but too fully adoj)ted Country Histi'iitional Part ; Sti:ii' prolessing HI ;,:.ving a just Militia of this IS well as their ior. •oasi'^n to rejoice ur Ik'lialf to our 'anada are loyal ; Flag tiiat waves , follow. .', and to our un- Aspect of public for your llajjpi- rually interposed r discharged the ity ; you leave a jtely wish to your ve Land. L't, Knight Com- , K nig! it of the nor of the I'ro- cinity, learn with to leave us ; to the Government Province a single lice. " Let them t Conduct during le People in this inie. ' *: No. 7:'.. Sir V. B H.i«J To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Uoyal Hanoverian Guelpliic Order, Knight of the Prussian Military Oriler ot j\Ierit, Lieutenant (Jovernor of the Province of i.ord (i Upper Canada, &c. &,c. &c. .'OUi M.I May it |)lease your Kxcelloncy, We, the loyal Inliabitaiits o'" the Township of Tyendenaga, in the Midland District, Upper Canada, beg leave Imnibly to approach your Lxcelleney, and represent that we have witii much Regret learned that your Excellency is about to yield ii)) tiie Government of this Province, which you have, during a short but eventful Period, so ably administered ; and that we cannot omit an Oj)l)ortuiiity so favourable as tiie present to express our ])ainful Feelings at your Departure, ami our uiupialitied App-robation of the numerous Acts wliich have in a high Degree distinguished your iVtlministration. Called to i)reside over tlie Aliiiiis of this Colony at a Time when the banefid Domination of a Faction began to prevail, and when a serious Toiibt existed as to the Attacliiiu'iitof the Inhabitants of this Province to their Mother Country and IJritish Institutions, you assumed the Keins of Government with a Resolu- tion to redress all real Grievances, and a Determination to joint out to many who had been deluded by the Soi)histries oi' wicked and artful Men that the imaginary (Grievances so cried up by them had no Existence. Gifted with an Energy oi" Mind which enabled you to give good EHect to your v.ise Resolutions, the Country told you, when appealed to, that your Opinion of its Loyally was not a wrong one, and enjoyed tlie well-deserved Pleasure of seeing the Province rise in its Might, and proclaim that your Judg- ment was correct, and tiiat no temporary Departure iVom the Principles of true British Liberty would ever have Elfect when called upon in the Manner you called iipcn them to -prove their Loyalty and Devotion to their Country. When the Province had so redeemed itself, and began to enjoy the good Effects of your mild Administration, we cannot siiilicieiitly express our Indig- nation tliat a I'i'W misguided Men, led on by others whose Treachery could only be etpialled by their llyjiocrisy, should dare to raise the SUiiidard of Re- bellion, aiul tlireaten yourself and us witli what we holil dearer than our Lives, the Subversion of the British Constitution. But we rejoice to say, that the Iidiabitants of tliis Province provetl to your Excellency, that what they had so bravely maintained at the llustings they would as bravelj defend icitk their Li CCS, We offer to your Excellency our Congratulations upon the satisfactory Result which your Excellency's prompt and determined Conduct during the late Re- bellion has jiroducetl, and the undoubted Character fc)r Loyalty which that Conduct, and the general Tenor of your Excellency's Administration, has pro- ciu'ed for the IVoviiiee. And we beg lea\ e to assure you, that in departing from us you take with you our heiivffvtt M'ishes tlir your future Prosperity, and our Prayers that in whatever Part of the British Dominions Providence may allot to you there may attend you a Continuation of the bright Career which your Government of this Province has obtained for you. ^\'e lieg 3our Excellency to convey to Lady Head and your Family our fervent Wishes tor their Happiness, anil our Assurance that they will always be in our Remembrance. Kril'lf.swlf".. To His Excellency Sir Francis IJond Head, Bart., Knight Commander oi' the Royal Hanoverian Guelpliic Order, Knight of the Prussian Mili- tary Order of Merit, Lieutenant Governor of the Province of Upper Canada, Sec. &c. &c. May it please your Excellency, We, the Inhabitants of the District of Prince Edward, beg leave respectfully to apjiroach your Excellency with the Expression of our deep Regret, felt in common with the other loyal I nhabitiuits of Upper Canada, on learning that you have resigned the high and important Station of Lieutenant Governor of this Province, tilled by your Excellency with such Honour to yourself and lasting Advantage to the Empire. ^',1.) 3 R 4 Wc 504 DESPATCHES FROM Sill V. 13. HEaD, Baht., Enilo3iires. s\r K r'^h 1 ^^^ view with Alarm and Distrust tiie Differences in Colonial Policy which j„' have at the present Crisis ueprived the Crown and the People of the Ahilillcs Lord Glenelg, and Services of a zealous Servant of Her Majesty ; which Distrust and ::(Ml) Marcti 1838. Alarm we have the more Cause to entertain, from onr Knowledge of your Ex- cellency's firm, constitutional, and judicious Administration of the Govern- ni^'nt of this Province, during a Time of Difficulty unparalleled in its Annals, — a Conduct which we had ho])ed would have received the continued gracious Approbation of your Sovereign. We are fully sensible that this Province and the Thitish Eniuire have in- curred a deep Debt of Gratitude to your Excellency for your Efforts in .snp- piessing the late base Attempts by force of Arms to sever the Connexion at present happily existing with the Parent State ; an Attempt whicii has ex- hibited to the World as Traitors, many who. under the Garb of Reform and a Cry for responsible Government, had so long concealed their real Intentions. We trust that while your Excellency's l)e;)arture from the Government of this Province is attended with the deep Regr ots of its loyal Inhabitants, you will experience Satisfaction in the Assurince. that your Excellency is accom- panied with the anxious Solicitude of a gruttrul People for your Welfare and Happiness, and with their sincere I lopes that your invaluable Services while Lieutenant Governoi of Upper Canada will yet be duly appreciated by our Gracious Sovereign. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphie Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of L^pper Canada, &c. &c. &c. May it please your Excellency, We, Her Majesty's faithful and devoted Subjects, Inhabitants of the loyal County of Huron, have learned with the utmost Regret that your Excellency is about to retire from the Government of this Portion of the British Dominions. From whatever Cause this unexpected Blow may have proceeded, we beg to assure your Excellency that you will depart from Upper Canada accom))anied by the sincere Regrets of every well-disposed Inhabitant, not only of this County but we are satisfied of this Province, in whose Opinion your Adminis- tration of the Government, during the short Period of your holding Office, has redounded to yoin* own Honour, and has been of incalculable Advantage to the People over whom it has pleased Providence, in infinite Mercy, to })lace you. Assailed as you have been since the Commencement of your Government by the insidious and open Attacks of an insignificant and occult Band of Traitors, aided by a vicious and licentious Portion of the public Press, we have watched with intense Anxiety the statesmanlike Policy and ])arental Solicitude you have at all Times displayed in protecting our Freedom, and ui)h()lding our Constitution inviolate. Under your firm, temperate, and constitutional Rule, and through the wise Measures which you have ado[)ted in the Administration of its Finances, Upper Canada is the only Government on the North American Continent which ha-s escajjcd National Bankru])tcy ; and, misunderstood as we have been in the Mother Country, your Excellency's judicious and generous Confidence in the Loyally and good Feeling of the People has demonstrated to the World, that in the mighty Empire over wiiich it has pleased (Jod to appoint Iler Majesty to preside she has not a Body of Subjects more loyal and devoted than the People of Upj)er Canada, as unaitled by a single regular Soldier we have proved our- selves willing and able, not only to suppress internal Rebellion, but to repel Foreign Aggression from the Shores of Her Majesty's Dominions intru.sted to our Care. You are now, Sir, quitting our Country, and as we have nothing to expect from you were we to flatter you, you may safely trust us, when we declare in Honesty and Sincerity of Heart that your Departure inspires us witi the sincerest Sorrow, and that we strongly feel all the Benefits that your too short Stay has been bestowed upon us. Permit us to wish your Excellency all Health and Happiness wherever you may be, and that you may in future, should you ever ^jiN-. , ,.:'»;-:..i,«WM<««i««,(y,fflj^ ^, ^^^it^m. mm^-'^^^?'^tj>m^ il Policy which f the Abililies Distrust and Itic of your Ex- )t' the Govern- in its Annals, — tinned gracious nn)ire have in- EfForts ni sup- ; Connexion at which has ex- Reform and a Intentions. Government of [nhabitants, you lency is accom- lur Welfare and e Services while (reciated by our ght Commander of the Prussian the Province of nts of the loyal »ur Excellency is ish Dominions. :eded, we beg to ida accom])anied not only of this 11 your Adminis- ilding Office, has \dvantage to the , to j)lace you. our Government occult Band of )ublic Press, we cy and ])arental ir P'reedom, and hrough tlie wise Finances, Upper tinent which has ave been in the 'oiifidence in the le World, that in ; Her Majesty to than the People have proved our- ion, but to repel ons intrusted to )thing to expect n we declare in ires us will the it your too sliort llency all Health tare, should you ever ON THE SUBJECT OF CANADA. 605 ever be called upon to serve Her Majesty in any Capacity, serve under those who arc as capable of appreciating your Merits and Virtues as we who have the Honour to subscribe ourselves your Admirers and Well-wishers. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canadii, &c. &c. &c. May it please your Excellency, We, the Inhabitants of the Townships of West Gwillimbury and Tecumsetli in the County of Simcoe, and their Vicinity, having heard of your Excellency's Resignation of the Government of this Province, cannot allow your Excellency to leave us without expressing our unfeigned Regret at your Departure. We who now address you are principally Emigrants from the Mother Country, and were induced to make Upper Canada our future Home from the Hope and Belief that we should there enjoy to the full Extent the Blessing and Protection of the British Constitution, which from our Infancy we had been taught to cherish and believe better calculated than any other Form of Govonnnent to ensure our Happiness and Prosperity. The Preservation, therefore, of that glorious Constitution in all its Purity is our most earnest Wish ; and we, in common with our Fellow Subjects in this Province, feel truly grateful to your Excellency for the bold and uncompromising Manner in which you have met and put down the various Attacks that have been made upon it, during your short but eventful Administration. Short as your Excellency's Government of this Colony has been, we feel confident that it will be productive of lasting Benefits, and that Her Majesty, after the most rigid Scrutiny of all your Excellency's Acts while here, will deplore losing the Services of so efficient a Representative in this Portion of Her Dominions. While we earnestly pray that your Excellency and Family may reach in Safety your native Land, we indulge the Hope that your Excellency will not forget Upper Canada, but by making known to our Gracious Sovereign the Loyalty and Attachment of its Inhabitants to Her Person and Government, use your Influence in having the British Constitution so administered as to per- j)etuate cur happy Connexion with the Land of our Birth. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, the undersigned Officers of the Militia of the Western District of Upper Canatia, having been informed of your Exc -Uency's intended Retirement from the high Office of Lieutenant Governor, cannot allow our Representative, Mr. Prince, to proceed to Toronto, without conveying by him our deep Regret that your Excellency should have deemed it expedient to tender your Resignation, and that Her Majesty should have been advised to accept such Resignation. We beg Permission to express to your Excellency the high Opinion which we have ever entertained and ever shall entertain of your Excellency's Adminis- tration of the CJovenunent of thir i'rovince; and most deeply and unaffectedly do we lament that at this particular Crisis this Country should be so .suddenly and unexpectedly berefl of your most important Services as Lieutenant (jovernor. We heartily and sincerely hope, that your Excellency may enjoy long Life and Happiness, in whatever Situation Providence may be pleased to place your Excellency ; and we beg to assure you that we, in common with all Her Majosfy's loyal Subjects in this Province, will ever entertain a grateful Recol- leciion of your Excellency, as the Chief Magistrate and Lieutenant Governor of Upper Canada. (1.1.) 3S To No. 7 a. Sir r. U. Hoiul tu Lord Gieiieig, 20tli March 1838. Enclosures. No. 73. Sir F, B. Head lo Lord Glenele, 2()lli Aliirch 1838. Enclosures. i ^'t 506 DESPATCHES FROM SIR F. B. HEAD, Bart., To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it jjlcase your Excellency, We, Her Majesty's dutiful and loyal Subjects, the undersigned Inhabitants of the County of Prescott in the District of Ottawa, beg leave to approach your Excellency with our unfeigned and ardent Thanks for the able, zealous, and uncompromising Stiind which your Excellency has so uniformly and successfully made in the Defence and Vindication of British Principles and of our glorious Constitution against the unprincipled Attacks of foreign and domestic Traitors. By the splendid Series of moral and physical Achievements with which your Excellency's Administration has adorned the Pages of our Provincial History for the last Two Years your Excellency has erected a Memorial of Fame which Upper Canada will proudly acknowledge and preserve to after Ages. Yet, while we contemplate with grateful Pride the Course and Results of your Excellency's Administration, we should do Violence to our Feelings were we to abstain from the Expression of our profound Regret, Mortification, and Disappointment at the sudden Recall of your Excellency from the exalted Station which yru have so ably and honourably filled during a Period of unexampled Danger and Difficulty. On assuming the Government of Upper Canada your Excellency found the whole Pro\ ince distracted by the Machinations of a seditious and unprhicipled Faction. In two brief Years how striking the Contrast ! Your Excellency's first A})])eal to the Loyalty and good Sense of Uj)per Canada met with a fitting and characteristic Response from the brave and loyal Constituency of tlu' Province ; and the innate Feeling and Principle of Loyalty which led a united People to rally in the Support of your Excellency's Administration in that Pt ■ iod of Trial and Difficulty have been still more strikingly manifested in the late momentous Crisis. Your Excellency, though thus prematurely withdrawn from your Charge, will have the supreme and consoling Satisfaction of leaving the People of Upper Canada peaceful, loyal, and united, and with nothing to regret on their Part but the Policy .vhich lias induced Her Majesty's Ministers to revoke your Excellenc3''s Appointment; and in deploring that Policy we heartily coi.icide with the Address of the Honourable House of Assembly on this Subject, and es])ecially in earnestly and emphatically declaring, that •' if any thing be calculated to shake the Attachment of Her Majesty's devoted Subjects to Her Royal Person and Government, it is by Acts of Injustice or the Manifestation of ungenerous Distrust towards public Officers wlio have served the British Nation so faithfully and nobly as your Excellency has done." Respectfully bidding your Excellency farewell, our heartfelt Prayers, and our best Wishes will accompany your Excellency and your amiable Family on your Departure from the Shores of Canada. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please Your Excellency, We, Her Majesty's faithfid and loyal Subjects of the Township of Georgina, have learnt with unfeigned Regret your Excellency's Recall from the Govern- ment of this Provhice. Conscious of the various Difficulties your Excellency has had to encounter in the Administration of the Province, and of the Firmness and Decision your Excellency has displayed in meeting and overcoming them, we cannot but con- sider the Deprivation of your Excellencv's Servicer at this Juncture as a great public Calamity in a Time of peculiar Need. We s«5«««*fe*teffl*^.,-^^^. ^^5*^•{#',(^^^^^^.;V56i^^^^fer IT., ght Commander ot" the Prussian the Province of i»ned Inliabitants live to approach :he able, zealous, ) uniformly and Principles and of of foreign and ents with which f our Provincial d a Memorial of preserve to after J and Results of lur Feelings were lortification, and rom the exalted ring a Period of ;llency found the and unpruicipled our Excellency's uula met with a I Constituency of alty which led a Administration in kingly manifested thus prematurely ioling Satisfaction united, and with :ed Her Majesty's n deploring that )urable House of iitically declaring, of Her Majesty's t is by Acts of Is public Officers your Excellency l>lt Prayers, and liable I'aniily on ON THE SUBJECT OF CANADA. 507 ight Commander of the Prussian the Province of lip of Georgina, iom the Govern- I to encounter in J Decision yoin* cannot but con- cture as a great We We cannot allow your Excellency to leave us without expressing our Con- viction, that, under the Providence of Almighty God, toyour wise and judicious Measures are we indebted for the Suppression of a wicked and unnatural Rebellion, whose Object was the Dismemberment of this Province from the Parent Country, and the Ruin of every loyal Supporter of Her Majesty's Government. In leaving this Colony it must afford your Excellency a proud Satisfaction to know, that you carry with you the kindest Wishes of a grateful People. No. 73. Sir F. B. Head to Lord Glenel^, 20tliMurcii 1S38. Enclosures. To His Excellency Sir Francis Bond Head, Barcnet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Upper Canada, &c. &c. &c. i-oviuce of !May it please your Excellency, We, Her Majesty's loyal Subjects the Inhabitants of Sandwich, beg to exjiress our deep Regret at your Excellency's Recall from the Administr-tion of Aftairs in the Upper Province. We feel confident there could not have been selected for that Recall a more iinapposite and unpropitious Time than the present. We cannot avoid men- tioning one imjiortant Fact. At your Excellency's first Arrival, from wliatever Cause it matters not now to inquire, your Excellency was most ungenerously as.sailed by every Newspaper in both Provinces, and had to encounter an universal Opposition ; yet so firm, so constitutional, and so just was the Policy adopted by your Excellency, that they who manifested a strenuous Disapproval ere long lifted their Voices in as strong an Approbation. Nor did this Change arise from Fickleness or Caprice but from that Respect which wise and upright Statesmen ever acquire from Britons. Your Excellency has twice tested this, with most unequivocal Results, — in the last Election, and in the jiresent Rebellion, — a Rebellion that perchance had been rife still, if your Excellency's judicious Measures, from the first, had not fairly conquered Disaffection. Not only do we dejilore your Excellency's Recall, but the Period of it does not diminish that Feeling. Your Excellency has hitherto stood by the Holm, and guided our gallant Vessel safely through the most critical and dangerous Extent of her Course ; and we luul trusted that your Excellency would have carried her into iier Haven, proudly and undamaged, defying Foreign Trea- chery and Attack. We were buoyant with the Hope that your Excellency would have reaped the Laurels and enjoyed with us the Fruits of a Triumph which you had planned and brought almost to a hajipy Consummatioa ; for it is our firm Conviction that but for your Excellency's decided and inflexible Tone, wlii<;h has enforced Respect from within and without, a A\'ar, kindled by Malevolence, had now desolated the entire Length of our Frontier. We would humbly entreat your Excellency to transmit these our Sentiments to the Colonial Office, as a small Testimony of our Esteem for your Excellency's Talents and Integrity, and our Sorrow at the Loss about to be inflicted upon our Province. We will merely observe, that the Confiilcnceinsjiired by your Excellency would have induced us to regard lightly the Fatigue, Privations, and Hardships incident to jirotecting our extended Western Frontier from Foreign Invasion during the Rigour ot a Canadian Winter ; although Loyalty to our young Queen, and Devotion to the mighty Empire to which we belong, will urge us to undiminished Efforts, and we trust with similar Success, should a foreign and astute Foe again dare to pollute the Soil of our District. Your Excellency will dejiart with the cheering Reflection of having, by a Policy applaudeil by Conscience, converteil the gloomy Murmurings of a Pro- vince at your Appointment over it into a warm Attachment and an unfeigned AtHiction at your Removal. We bear witness to your Excellence's Faith- fulness and unremitting Exertions in discharge of your Duty to our Gracious Queen and to our Country. That Heaven may ever bless and prospei your Excellency for it are our fervent Prayers. , (41.) 3 S 2 To 50d DESPATCHES FROM SIR F. B. HEAD, Bakt., No. /3. Sir F. B. Head to Lord Glenelg, 'JOiliMarcli 1S38. Enclosiires. ■I To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guclphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, the undersigned loyal Inhabitants of the Village of Streetsville and its Vicinity most respectfully beg leave to address your Excellency, to express our Peelings of deep and unfeigueil Regret at hearing of your Excellency's Resignation of the Government of tiiis Province, and intended Retirement from amoiigst us. During the Periotl of your Administration your Path has been beset with numerous Obstacles by a base and rebellious Paction ; but, through the sound Policy pursued by your Excellency, your firm and determined Opposition to tlieir Views, you have finally frustrated their unhallowed Designs, and again restored to us the benign Blessings of Peace. We shall ever have Reason to bear your Name in our most grateful Recol- lections as the Saviour of our Country from the Hands of the bloody Assassins ■who but lately polluted its Soil. With Feelings of deep Interest for your Welfare, we heartily wish your Excel- lency and your amiable Family a safe and pleasant Transit to the haj)py Land of your Nativity. In taking leave of your Excellency, wc beg to tender you our sincere Thanks for the important Services which you have rendered this Province, in so im- partially administering its Government, and conferring so many inestimable Blessings on its Inhabitants. May Health and Prosperity be ever with you and your Family. — Farewell. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upjier Canada, &c. &c. &c. May it please your Excellency, We, the undersigned loyal Inhabitants of the Townslii])s of Jramahe and Haldimand, having learnt that we are about to be deprivedof your Excellency's most valuable Services and Protection, which during the whole Period of your Excellency's Administration have been so imremittingly and so successfully exercised to jjromote the true Interests and Prosperity of this great and glorious Province, beg leave respectfully to state, that this unexpected and unwelcome Intelligence has filled us with Dismay and the deepest Regret. We should have lamented your Excellency's Retirement from the Government of this Province at any Time since your Arrival among us ; but at the present Juncture, and under the Circumstances so honourable to yo'irself which we have Reason to believe have occasioned the Misfortune, we consider the Event as most peculiarly deplorable. We beg to express to your Excellency our unfeigned Attachment, and our ardent Wishes for your future Health and Prosperity. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Roval Hanoverian Guelphic Order, Knight of the Prussian Militiu-y Order of Merit, Lieutenant Governor of the Province of Upi)er Canada, &c. &c. &c. May it please ^'our Excellency, It was with Feelmgs of unfeigned Regret that the Inhabitants of the Town of Hamilton and its Vicmity saw the Announcement that your Excellency had been constrained, from some Difference on the Matters of Colonial Policy with Her Majesty's Government, to tender your Resignation as Lieutenant Ciovcrnor of this Province. At the Time of your Excellency's Arrival in this Province the House of Assembly was under the Control of an anti-British Faction, who were straining every Nerve to compel the Government into Acts subversive of the Constitu- 4 tion. n.i mT m mm * m mn mm^fii'*^^-^^^<}^^mt ON THE SUBJECT OF CANADA. 509 it Commander f tlie Prussian le rrovmce of letsville ami its , to ex|: loss our :y's Resignation )m amoiigst us. een beset with iigli tiie sound Opposition to gns, and again grateful Rccol- loody Assassins ish your Excel- happy Land of sincere Thanks incc, in so im- any inestimable '. — Farewell. !;ht Commander jf the Prussian ;he Province ol' f vJramahe and lur Excellency's Period of your so successfully sat and glorious and unwelcome ;t. We siiould rnment of tliis esent Juncture, e Jiave Reason Event as most hment, and our flit Commander of tlie Prussian ;he Province of :s of the Town Excellency liad nial Policy with tenant CJovernor the House of o were straining of the Constitu- tion, tion, and to revolutionize the Country. Your Excellency, with signal Vigour and Ability, unmasked the Designs of those wicked Men, and, calling around you the loyal Inhabitants of Upper Canada, overthrew their Power, and pro- cured a Parliament true to British Princij)les, and earnestly zealous for the best Interests of this Province. In the general Admiration excited by this Act of your Excellency's Ad- ministration none more warmly participated than the Inhabitants of the Town of Hamilton and its Vicinity ; and we have felt equal Gratification at the decisive Conduct since displayed by your Excellency in reposing with such unhesitating Confidence on the Loyalty and Patriotism of the Inhabitants of Upper Canada, and in accompanying them personally to resist the wicked Conspiracy of its internal Enemies, as well as the subsequent Aggression of its treacherous A.llies. By this extraordinary Vigour your Excellency has fully realized the Ex- })ectations of the Friends of the British Constitution in this Province, and called forth a Display of Loyalty which will cervc as a convincing Proof to the World that British Princijjlcs are too dee})ly seated in this Portion of Her Majesty's Dominions to be overthrown by j. Faction, let their Professions be what tliey may. It now but remains for us to bid your Excellency a respectful Farewll, and to assure your Excellency, that wherever your approving Sovereign m.iy require your .Services, in no Part of Bi tain's wide-s])read Empire will tiiose Services be more fully appreciated or gnUAifully remembered than by the Inhabitants of the Town of Hamilton and its Vicinity. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of !^T lit, Lieutenant Governor of the Province of Upper Canada, &c. . &c. May it please your Excellency, We, the Officers, Non-commissioned, and Private Soldiers of the Midland District of Upper Canada, assembled and doing Duty for the Protection of Kingston, the key of Upper Canada, which we feel justly proud in having held in our safe Keeping since the Outbreaking of the most foul and unnatural Rebellion that ever disgraced the Annals of a civilized Community, approach vour Excellency as the Representative of our beloved Sovereign at a Time when every true Canadian and British Heart feels keenly the Loss we are about to experience in the Removal of your Excellency from the Government of our Country, which you have so nobly shown can defend itself both against the Machinations of Traitors to its Constitutions within, and the Display of unex- ampled and unlookcd for Enmity without, at a Time, too, when, from the Lapse of nearly a Quarter of a Century of profound Peace, Upper Canada was, it was su})posed by those who arrayed themselves against her Honour and her Peace, destitute of that Military Ardour which enabLa her during the last War to set Foreign Invasion at Defiance, with Means apparently then also inadequate to the Defence of her extended and exposed Frontier. Your Excellency, attacked in the Capital by a Band of lawless Marauders, no sooner sounded the Cry " to Arms " than the rapacious and blood-thirsty Spoilers were discomfited and dispersed, and Ten thousand brave Militia Men rushed to your Banner from all Parts, whilst here at Kingston the only Struggle was between the Regiments of the Midland and Eastern Districts, which should, having first reinforced the Capital, secure the most important Military Position on the Great Lakes. The Marauders desired to apportion out amongst their rash and deluded Followers our fertile and smiling Lands, and, finding the Militia had so reso- lutely ejected them from the Soil, sought Refuge in a Territory wiiose People were in a State of profound Peace with Great Britain. An unholy Union for a Time kept the Erie Frontier of Upper Canada in a State of actual War, but the Invaders were speedily punished, and ejected for ever. To your Excellency's energetic Measures the Militia of Upper Canada owe the proud Station they have once again attained, and when you leave (41.) 3 S 3 ue, No. 73. Sir F. IJ. Head to Lord GlenelfT, 20th March 1S3H. KdcloMires. 510 DESPATCHES FROM SIR F.B.HEAD, Bart., Sir V. B. Head to Lii:iJ (ilc'ialg, 2O1I1 Marth 1H38. Enclosure!!. US, Sir, in their Hearts will your Memory and your Name hold a fond and grateful Recollection. In Camp, in Quarters, on the Field, the Militia Man and the Volunteer will mingle the revered Name of Isaac Brock with that of Fra;icis Bond Head ; both have led them to Victory. And long in Ui)per Canada will the Hearth resound with the cheering Ilccollections of the Yonge Street Defeat, the Repulse at Chippewa, and last, though not least, the Flight in the London District, and the Disaster at Maiden. Then shall your Name " in our Orisons be diilij rememhered," and become familiar in our Mouths "as Houseliohl Words." May your Excellency also recollect us ; and may that Providence which has guided you and us through this Storm in Safety be your Shield and your Safe- guard in your Voyage homewards and through Life. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. ^c. &c. May it please Pour Excellency, We, the unders'gned Inhabitants of the Town of Chatham and its Vicinity, liave lately heard with sincere Regret that your Excellency has resigned the Government of this Province. We cannot allow your Excellency to leave us without adding our Assurance to that of the other Inhabitants of the Province, that we have ever admired the Spirit by which your Excellency has evidently been actuated during your Residence among us, and the open and manly Policy of your Administration. We add our feeble Voice to that of every other loyal Man in Upper Canada in applauding your Excellency's Energy and Decision during the late unfor- tunate Disturbances ; and we rejoice that under your Command it has been in our Power to prove our Attachment to the Constitution and Laws of our Forefathers. In taking leave of your Excellency we offer our best and most sincere A\'ishes for your future Haj)piness ; and we assure you, that in the Days of our Prosperity we shall not tbrget how nobly and firmly you stood by us in our short Hour of Trouble. I' i To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphit' Order, Knight of the Prussian IMilitary Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, Her Majesty's faithful and loyal Subjects, Inhabitants of the Village of Paris and its Vicinity, beg leave to address your Excellency on retiring from the Government of this Province. It is much to be regretted that any Difference of Opinion on Points of Colonial Policy should have arisen between your Excellency and Her Majesty's (government at home, and more especially at this eventful Period, when, by the Machinations of a few evil and designing Men, the Province has been nearly in- volved in all the Miseries of civil and bloody War, but which, through the Mercy of Divine Providence, your Excellency's prom])t and vigorous Measures, and the Gallantry of the brave and loyal Inhabitiuits of the Province, has been speedily, and we trust etfectiially, put down. The short Period of your Excellency's Administration enables us at one Glance to bring under View the whole Course of Policy pursued by your Excellency, and we must confess we perceive nothing emanating from your Excellency, m Word or Deed, which can in the slightest degree be interpreted as objectionable; on the contrary, the Wisdom and Promptitude you have on all Occasions dis- played in upholding the Dignity of the Crown and maintaining our glorious Constitution inviolate, call for the highest Expression of Admiration and Gratitude on our Part ; and we trust when our youthful and most Gracious Queen shall be :t^w^ K^i^•mi'^^^s^mM.^^f>^-^^^^^ ON THE SUBJECT OF CANADA. 61! d a fond and the Volunteer s Bond Head ; 1 the cheering pewa, and last, ster at Maiden. ," and become ence which has and your Safe- ht Commander )f the Prussian le Province of id its Vicinity, as resigned the our Assurance B ever admired ,ed during your Jministration. 1 Upper Canada the late unfor- it has been in d Laws of our d most sincere in the Days of )od by us in our ht Commander of the Prussian le Province of f the Village of n retiring from n on Points of Her Majesty's , when, by the been nearly in- :h, through the orous Measures, avince, has been us at on L! Glance 'our Excellency, r Excellency, m iis objectionable; Occasions dis- ng our glorious jn and Gratitude ous Queen shall be be called upon to take a similar View of your Excellency's Administration of the Government of this Province, Her Majesty will find no Difficulty in award- ing to you a full Measure of Her Royal Approbation. And now, on the Eve of your Excellency's Departure, we humbly beg leave to tender our warmest Acknowledgments for the many Benefits you have conferred upon ourselves and the Province at large ; and in taking Leave permit us to express our ardent Wishes for the Happiness and Welfare of yourself and amiable Family, and in doing so we most respectfully bid your Excellency farewell. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, Her Majesty's dutiful and loyal Subjects, Inhabitants of Bytown and Vicinity, beg leave to express our most unfeigned Sorrow to learn that your Excellency has considered it necessary to resign the Government of Upper Canada. Unacquainted with the Reasons which moved your Excellency to take such a Step, we can only deplore the Policy which divests the local Govern- ment of a necessary Power, thus causing Changes of Rulers, prejudicial alike to the Interests of the Colony and the Mother Country. We have seen with Admiration the Energy and Activity which your Excellency has exerted to ascertain and secure our best Interests during your short Administration, which, under Providence, have saved us from the Horrors of a Civil War ; and we theretbre the more deeply grieve that we should be deprived of your Excellency's valuable Services at this delicate and difficult Crisis. We humbly request that your Excellency will be pleased to lay tliese our Sentiments at the Foot of the Throne. To Atnlierstburg, Western District, 22cl January lS;iS. His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian INIilitary Order of Mer.t, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it })lease your Excellency, An appalling Rumour having most unexpectedly reached this remote Quarter of the Province that your Excellency has either been recalleil by the Home Government, or that you have deemed it expedient to tender your Resignation, Wc, as a small but anxious Portion of the grateful Population of a Province which has twice owed its Salvation to the wise, prompt, and energetic Mea- sures adopted by your Excellency in its Behalf, most respectfully beg Per- mission, in so unlooked for a Dilemma, to be put in possession by your Excellency of such Information as will either set our Fears at rest, or, by placing this astounding Intelligence beyond a Doubt, enable us, in connnon with the rest of the Inhabitants of Upper Canada, to take such immediate Steps as may be deemed most likely to avert the most deadly Blow that could at the present eventful Crisis be struck at either the energetic patriotic Exertions or the rapidly reviving Prosperity of the Province. Withholding the further Expression of our Opinions until favoured with your Excellency's Acknowledgment of this Address, We have the Honour to remain, with that de\oted Respect and Admiration which must ever be due to the Saviour of a Country, your Excellency's most obedient and most humble Servants. No. /.•?. Sir F. H. Hiad CO Lord tilcnolg, '-'Oili Aliircti 1838 Enil'isiires. C'H.) 3S -i To 513 DESPATCHES FROM SIR F. B. HEAD, Bakt., No. 73. Sir F. 1$ He!i(l to Lord Gleiiolg, 'JOtli .M.irrli KS:lS. EiicloMircs. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of tlie Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, Her Alajesty's most dutiful and loyal Subjects, the Inhab'' .its of the Township of Dalhousie in the Bathurst District, having learned with deep and unfeigned Regret that it is your Excellency's Intention to retire from the Government of this Province, beg leave to assure your Excellency that we would deem it a Matter of deep Regret at any Time to lose the Services of a Man who has so uniformly proved himself so able and so promptly willing to devote his great Power and unrivalled Talents to the best Interest of his Country ; and at a Time like the jjresent, when we have been threatened with one of the greatest Evils that could possibly, in a political point of view, affect us, we only echo the Sentiments expressed by the Inhabitants of the Pro* ince in general, when we state that we look on the Removal of your Excellency from the Head of the Government in the present State of the Province as a Calamity of no small Magnitude. We admire the noble Feeling which actuated your Excellency when you so cheerfully and so amiably represented our Gracious Sovereign in extending the Royal Clemency so well entrusted to your Charge to the poor deluded Dupes found in Arms against their fair and lawful Sovereign, wlio had been spurred up and led to Rebellion by the base Artifices of some of the most ungrateful and truly contemptible Traitors whose History has disgraced the Annals of modern Times. We rejoice with all the good and loyal in the Province that the brave Militia of Upper Canada has, under Divine Province, been the chief Means of crushing the late unnatural Rebellion, and we admire the Wisdom of your Excellency that ^trusted the noble Deed to the Loyalty of their Hearts and the Prowess of their Arms. The Alacrity with which every Militia Man flew to Anns at the Call of his Countiy will convince the World that such a Current of pure Loyalty flows through the vast Forests of Upper Canada as the open or concealed Enemies of the illustrious House of Brunswick will never be able to stem. We have every Confidence that your Excellency will be pleased to represent the Sei-vices of the gallant Militia Volunteers in the projier Quarter, and we doubt not but our excellent Government will, in its usual munificent Manner, reward the Sei vices of both OHicers and Men ; and we trust, that so soon as your Excellency will see that their farther Services at the Time am be dis- pensed with that you will cause our Townsmen to be restored to the Bosom of their Families, from whence they will again spring like Lions when their Country needs their Aid. In conclusion, we sincerely hope that every Comfort and Happiness may be the Lot of your Excellency, in your Person and Family, and that you may have a safe and pleasant Passage to your native Land, and be long spared as the faithful Sei-vant of our Sovereign and the unflinching Supporter of the British Constitution. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. Sir, As Commissioners of the Canada Company, a public Body possessing so deej) an Interest in the Prosperity of Ujiper Canada, we beg to assure your Excel- lenry of our sincere Regret at your approaching Retirement from the Govern- ment of this Colony. Our official Duty having of necessity led to frequent Intercourse with your Excellency on the Affairs of the Company, it affords us much Pleasure, pre- vious to your Excellency's Departure from this Country, to tender our Acknow- ledgments of the unvaried Kindness with which your Excellency has been pleased * *" ' ■^ ''<'<^^> ^ 'm mmmmii mm'. :A^K*ai^'i#..'v2l^i^^^-^Wj^?§3 ON THE SUBJECT OF CANADA. 513 It Conunaiuler ;' the Prussian le Province ot" ab'' nts of tlie with deep and etire from the lency that we le Services of a nptly willing to Interest of his threatened with of view, affect if the Pro' Ince our Excellency Province as a y when you so 1 extending the deluded Dupes id been spurred it ungrateful and inals of modern that the brave le chief Means ^Visdom of your Hearts and the tia Man flew to such a Current da as the open 'I never he able sed to represent Quarter, and we iticent Manner, that so soon as ine am be dis- to the Bosom of ;n their Country appiness may be 1 that you may ng spared as the ;er of the British ght Commander of the Prussian the Province of assessing so deej) sure your Excel- rom the Govern- course with your :h Pleasure, pre- der our Acknow- Uency has been pleased pleased to receive such Comminiications as we liavo had to make, and of the liberal and impartial Interpretation whicli lias always been given by your Excel- lency to such Parts of tiie Canada Company's Agreement with Her Majesty's (Jovernment as the Attention of your Excellency has from Time to Time been directed to. Wisliingyour Excellency many Years of Happncss and Prosperity, We have, &c. W. Allan. Thos. Mercer Jones. Canada Company's Office, Toronto, Commissioners. 23d January 1838. To His Excellency Sir Francis Bond H Baronet, Knight Commander of the lloyal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, the Magistrates and loyal Inhabitants of the County of Hastings, beg leave to approach your Excellency, and to declare, — Tiiat we have heard with deej) Regret that your Excellency is about to leave the Province, and we feel assured that it will by no means be considered value- less that your Excellency should carry with you into your Retirement the Know- ledge that we, the loyal Inhabitants of this County, consider that this Province is ileeply indebted to your Excellency for the proni{)t and able Manner with which you came forward, in an Hour of extreme Danger and Difficulty, and rescued the Country and our beloved Institutions from the Horrors of a Civil War and the licentious Control of a Mob. Called, as your Excellency was, to the Administration of the Government at a Time when Revolution and Rebellion threatened the Destruction of British Supremacy in this Province, surrounded by the manifold Difficulties which false Friends constantly placed before your Excellency as a "Stumbling-block," we can and do duly api)reciate the firm and dignified ]Manner in which you have ever maintiiined the Integrity of the British Empire, and defended for the Peo])le of this Province, and maintained untarnished and unimpaired, their happy and glorious Constitution. Great as is our Regret, from the simi)le Fact of your Excellency's having resigned the Reins of Govermnent, our Sorrow is doubly increased from the Circumstances which l:a\e led to it, and it proves, if Proof were needed, that throughout the whole of your public Career in this Province your Excellency has had but One Object in view, namely, the Good of the Province, the untarnished Integrity of the Enii)ire. Deeply is it to be lamented that the Advisers of Her Majesty have chosen rather to listen to the Dictates of popular Clamour than the Advice and Opinion of an inde])endent, responsible, and worthy Representative of their august Mistress; for in ])ursuing this hasty Course, and not allowing Time to test between their Oj)inions, fc)rined n])()n Doubt, and your Excellency's, founded upon Fact and a positive Knowledge of undoubted Proofs, they have deprived tiieir Sovereign of the Services of an able and zealous Officer, and Her Majesty's loyal Subjects iu this Province oftlie most efficient Defender of their Rights that it has pleased Providence should be sent to this Colony to adir.iinster the Government. As the County of Hastings was first in the glorious Contest of the F.lective Franchise to sustain the independent Course your Excellency had marked out foi' yourself in the late political Crisis, when Rebels under the Guis^ of Reform sought to subvert our happy and glorious Constitution, so do we now declare ourAdlierence to those great Principles of political Integrity, at the Shrine of which your Excellency has been pleased to sacrifice the Honour of being your Queen's Rejjresentative in this Province. Should it so happen, that in course of Events your Excellency should again return to this Country to resume the Reins of Government, now at a most critical Period transferred to inex])erienced Hands, we should greet with Delight and Joy your Return amongst us. (41.) 3 T May No. 7.5. Sir F. B. Head to Loril (ileneii, 2ntli March ly.iS. Enclosurej. N... 7X Sir V. U. Head to Lord (ilcnelj;, 2l)ih March IW8. Eiulojurcs. 514 DESPATCHES FROM SIR F. B. HEAD, Rart., May a long, prosperous, and happy Lite, and every Blessing which Providence can bestow, here and hereafter, be tlie Reward of your Excellency's Conduct, and may Lady Head and your Family be benefited in like Manner, through the kindest Dispensations of Providence, is the sincere Prayer of us all. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Gueli)hic Order, Knight of the Prussian Military Order of Merit Lieutenant Governor of the Province of Ujjper Canada, &c. &c. &c. May it ])leasc your Excellency, We, the undersigned Inhabitants of the Town of Cornwall, have learned with Regret, that having differed in Opinion with Her Majesty's Government in some im])ortant Subject of Colonial Policy, your Excellency has been compelled, from a Sense of Duty, to tender your Resignation of the Government of this Province. The Subject upon which your Excellency has been forced thus to differ is unknown to us, and we cannot of course express any Opinion upon the Ques- tion at issue, but when we recollect the firm, vigorous, and constitutional Man- ner hi which your Excellency has under most unj)rccedented Dangers and Difficulties uj)held the Prerogative of tlie Crown, and maintained inviolate the Liberties and Privileges of Her Majesty's Subjects in this Province, we cannot but feel, that in accepting your Resignation, Her Majesty's Ministers have inflicted a deep and lasting Injury upon the Interests of the Colony. From the Moment in which you assumed the Government of this Province, your Excellency has been assailed by tlie imtiring Op])osition and groundless hatred of a wicked and revolutionary Faction. Trusting for Support in the Loyalty of those you were called upon to govern, your Excellency offered a firm and successful Resistance to the Machinations of the Leaders of this traitorous Cabal. In thus confiding in the Attachment of a devoted People, your Excellency has been more than Conqueror, for while the guilty have been driven from the Flock the deluded have been brought back to the Fold. The Feelings of the Heart can only be honestly expressed in the simple and unpretending Language of Truth; and we trust your I'lxccllency will believe, that in taking leave of you we feel a Sorrow as deep as the Benefits your Excel- lency has conferred on the Province will be lasting. We fervently j)ray tliat your Excellency will receive from the Hands of our beloved Queen the Reward to which you are justly entitled, and that every Blessing, spiritual and temporal, may attend your Excellency and Family wherever it may please the Almighty Disposer of Events hereafter to place you. To His Excellency Sir F, B. Head, Bart., Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, We, the Magistrates, Freeholders, and Inhabitants of the County of Oxford, duly convened by public Notice, beg leave respectfully to address your Excel- lency, and to express our deep Concern at the Announcement of your Resigna- tion of the Government of this Province. Under ordinary Circumstances we would receive this Intelligence with painful Anxiety, but in the actual Situation of the Province, whether in respect to its interna! State or external Prospects, we must deplore the Communication as a great national Calamity. When your Excellency assumed the Government a factious Organization already marked, by unequivocal Symptoms, a determined Hostility to the British Throne, and attempted in tiiat Spirit to control your Government and to over- throw our Constitution ; we look back with unqualified Approbation to your Excellency's Firmness on that Occasion, and to the constitutional Appeal you " then •,,— ----^- ^ • ti — ii iu »^if-;^j^^. i*^4^'>^,»^|fe3^"?>«^>.>*fjr^^ ON THE SUBJECT OF CANADA. 015 1 Providence y's Conduct, tliroiigli the ; Commander tlie Prussian Province of learned with jvernment in ni compelled, iment of this IS to differ is ion the Ques- tutional Man- Dangers and inviolate the ce, we cannot linisters have this Provmco, nd groundless upport in the Micy offered a aders of this voted People, 2 guilty have back to the le simple and y will believe, ;s your Excel- jjray that your lie Reward to and temporal, the Almighty lander of the ssian Military Jpper Canada, ty of Oxford, ss your Excel- your llcsigna- ;e with painful respect to its unication us a Organization to the British )t and to over- )ation to your 111 Ajjpeal you then then made for iSupport to the Loyalty of the Province, and to which, under Divine Favour, we now stand indebted for the Preservation of our Liberties. The same wise and imcompromising Conduct luis marked the entire Course of your Excellency's Government ; but although the Limits of an Address will not admit of an Enumeration of wiiat has been thus done under your Direc- tions for tJie Benefit of the Province, we cannot pass over the magnanimous and honourable Course adopted by your Excellency in a Moment of severe and most critical Difficulty, when the whole commercial Credit of America was shaken to its Foundation. Tlie noble Stand then successfully made under your Excel- lency's Auspices to sustain British Integrity in her commercial Engagements, amidst the Contagion and Temptation then spread around us, demands our Gratitude not less than our Admiration. But if our Obligations are here great and lasting, we are at a Loss adeqaately to express what we and the entire Province owe to your Excellency for the Wisdom, the Promptitude, and Ability you have displayed in crushing the unnatural Rebellion attempted to be excited in this liitherto peaceful and happy Land. M'e arc aware that Objections may be raised by factious Demagogues to the Policy of sending the regular Forces to the Assistance of the Lower Province, but the devoted Feelings in your Excellency's Breast would have already con- vinced you that Ajipeal could confidently be made, under any Emergency, to the same Patriotism and Loyalty your Firmness and Wisdom had already so triumphantly drawn forth. We feel that tlie Upper Province has nobly responded to this Call, and has marked in Characters not to be misunderstood that its Loyalty and Attachment to the British Throne, and to tiie Constitution as established in this Province, is not to be shaken by domestic Traitors or subverted by foreign Duplicity. It is now demonstrated to the World t'lat this Province seeks not, as she has been misrepresented, any Alienation from the Parent Siate, and is determined, at all Hazards, to preserve a Connexion with which her best and dearest Interests are identified. We are not of those who have any Fears as to the Result, except it arises from a Change in the wise and provident Govern- ment your Excellency has established. Our Cause is a righteous one, no less than the Defence of our Altars and Fire-sides, and as sucii we can look for Protection to Almighty Power; but whilst we hail with Satisfaction tiie lyioderation and Vigour of your Excellency's Measures on the Frontier, which demand our warmest Acknowledgments, we are ready and willing, with our Lives and Fortunes, if Need require, to sustain them, by repelling Foreign Aggression or Interference of any Kind, yet still desirous to cultivate, if per- mitted, the Relations of Amity with our Neighbours. We lament that so little of this Spirit has been shown, by the Insult offered to our most Gracious Sovereign in the Invasion of our Province by an armed liand of American Citizens, uncontrolled by American Authority, who have waged War and committed Bloodshed on the Subjects of Her Majesty engaged in the Recovery of a Part of the British Territory, then audaciously held by Rebels. We trust Reparation has i)een or will be demanded for this Outrage, in which the Honour and Indepenilence of the British Empire is involved. Of your Excellency's Feelings on this Subject we can have no Doubt, and are equally confident that in your Hands no Insult would be offered to the British Nation with Impunity. Again we repeat our imfeigned Regret that at such a Moment we are de- ])rived of your Excellency's Presence and commanding Influence and Abilities ; and although we deprecate any Interference with the Prerogative of our Gracious Queen, we cannot but look with anxious Solicitude to a Change in the Government of tlio Province, accompanied as it is by a Notification that any Part of your Administration of its Afliiirs does not meet the Approbation of Her Majesty's Ministers. It remains only for us to exj)ress our warm and most affectionate Wishes for your Excellency's Welfare. You ha\e nobly fulfilled the high Duties of the Station to which you were called, and can conscientiously rejiose in future Life on the Conviction of having thus earned the unfading Gratitude of the Province, which owes to your paternal Care the Preservation of its Laws, its Liberties, and Happiness. No. 7.S. Sir V. H Head to Lurd UleiiL-lg, 20th March lSo8. EDcluMires. (4L) 3T 2 To SM DESPATCHES FROM SIR F. B. HEAD, Bart., No 73 bir t. U. IKad to Lord lilunclg, JUth .March 1H38. Kiii'Ii»iiri.'s. To His Excellency Sir Francis Bond Head, Baronet, Knij^ht Commander of the Royal Hanoverian Gnelpliic Order, Kni{:flit of tlie Fni^suin Military Order of Merit, Lieutenant Governor of tlie Provintj of Upper Canada, &c. &c. &c. May it please your Kxcollency, Wo, Her Majesty's dutiful and loyal Subjects, the undersip^ned Inhabitiints of tlie County of Glencarry. have learned with the most sincere Regret, that in consequence of a Ditierence of Opinion between your Excellency and Her Majesty's Auvisers, your Excellency has deemed it your Duty to resign the Gov -nment of this Trovince. Wiien we reflect upon the factious O])position which your Excelloncy en- countered upon your assuming this Government, not only from the Majority of the thon House of Assembly, but from those who were the sworn Advisers and confidential Servants of the Crown, the pron^;:t Manner in which you thwarted the designing Views of the oiic, and rebutted tiie insidious Professions of the other ; the successful Result of your A))])eal to the IVople to aid you to mauitain the Constitution ; the Reliance you placed upon tiieir Loyalty at a Moment when Her Majesty's Forces were witlidrawn from the Province ; and the Energy- you displayed in crushing a Rebellion as unnatural as it was imfbre- seen ; when we reflect ujjon all this, we beg to assure yoin- Excellency, that if any thing could shake our Loyalty to our Sovereign, or our Conlidence in the Justice of the Imperial (lovcvnment, there are but few Things that would be more calculated to do both than the recalling your Excellency at so critical a Period ; and in these Sentiments we believe would unite witli us about a Thou- sand of our Fellow Subjects of this County, who, at the Call of your Excel- lency's gallant and excellent Predecessor, liave gone to Lower Canada to assist in maintaining the Peace of tiiat Province, as well as to guard against the Machi- nations of a Portion of our Republican Neighbours. Trusting that your Excellency's important Services to this Province will meet with tliat Approbation from our (Jracious Queen which they so justly merit, and that you and your Family may long enjoy every earthly Comfort, we respectfully bid your Excellency Farewell. Anilicrstburg, Westrrn District, '2'^(1 January 18;i8. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussiiui Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. May it please your Excellency, Scarcely had the late hurried yet rcs])cct(id Address to your Excellency by a Majority of the inulersignetl, either residing in this innnetliate Neighbourhood, or assembled in Arms at the Call of their Country, at this important remote Point of the Canadian Frontier, been despatched, when the Truth of the para- lizing Rumour of your Excellency's Resignation burst upon them in the public Announcement of your Excellency's Message to Parliament on the 15th inst. Tlie Object of their anxious Appeal being thus unhappily anticipated, all that now remains to the undersigned is, without waiting for the Honour of your Excellency's Reply, at once to unite witli the rest of the loyal and grateful Inhabitants of Upjier Canada, and more jiarticularly with their spiiited and talented Rejirescntativcs in both Chambers of the Provincial Legislature, in the Expression of the ])oigiiaiit Regret with which they contemplate your Excellency's sudilen Dejiarture from a Country which, in so short a Period, has owed so much to the Wisdom and Decision of your Excellency's e\eiitful Atlministration of its Government, at the same Time that they are bound to admire that noble disinterested Bearing which could promptly sacrifice all selfish Considerations rather than submit to the humiliating un-British Pre- dicament of being the servile Instrument of carrying into effect, at the Beck of an uninformed distant Colonial Secretary, Measures which neither your sounder Judgment nor better Experience on the Spot could approve. Coinciding ■w^h ^''ij^riW^ H3.ji;,^-^^'sV*r-f ON T'lE SUBJECT OF CANADA. Coinciclinp more especially in the sterling Sentiments expressed by our Representatives in the House of Assembly, as embodyinfj the direct unfettered Echo ofthc Feelings of a high-minded, loyal, and discerning I'eople, we deem it a Waste of Words to add here a single Sentence to so noble, so ])erfect, and yet so well earned a Tribute to your Excellency's Merits, and therefore content our- selves with the simple Kx])ression of our renewed affectionate Regrets at your Excellency's approaching Departure; and confidently leaving the more .'• ' Appreciation of your Excellency's invaluable Services to the calm and digr ;'. Award of the Senate of our Mother Country, and the Degree antl Nati :j" their high Rewartl to the unsophisticated warm Heart of our beloved Sov.. unite in imploring the Divine Blessing on your Excellency's future Car*, -r, whether to be spent in the even and more haj)py Tenor of domestic Retirement, or to be devoted, as we hope it s(Jon will be, to more stirring Scenes in the Service of your Country. N.I. 73. Sir F. 11. Henil t» Lord (ileiieli;, ;()tli Marrli IS.IS, Rnclosiire". ily Comfort, we To His Excellency Sir F. B. Head, Bart., Knight Commander of the ]{oyal Hanoverian (hiel|)hic Order, Knight of the I'russian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. kc. &c. i\Iay it ))lcase your Exccllenc}-, "We, Her Majesty's loyal and drtiful Subjects of the Townshij) of Orillia, again api)roach your Excellency witliout any Abatement of those Feelings which induced us, on the V, L Day of the j)resent Year, unanimously to express our Loyalty to the Britisli Crown, and our Gratitude to your Excellency ])ersonally for your uncompromising Zeal and su})erior Talent in the Discharge of the arduous Duties of this Province. We rejjcat that your intense Application, Talent, Knowledge of the real Causes of Complaint, your Endeavour to remedy all Evils without compro- mising the Constitution, have been the Means, under Divine Providence, of warding off the Blow which has been and now is aimed at us by the Subjects of a neighbouring Power, professedly in Amity with (ireat Britain. That luuler all tiiese Circumstances we cannot avoid expressing our Regret and Alarm, occasioned by the Notiiication of your Excellency's Resignation, conveyed to the House of Assembly in your Message of 15th ultimo. If that Policy which has aroused such a imiversal Burst of loyal Feeling, Ex- ])ression, and Action throughout Ujjper Canada, whereby Rebellion against the Crown has been crushed, and Foreign Inxasion rcpelletl, be a just Cause for depriving Her Majesty's Subjects in this Colony of a wise and efficient Governor, and our Sovereign of his talented Services in this important Portion of the British lunpire, at a Time when a Combination of every great Quality, with a local and political Knowledge of the Country, is requisite, we must, with all due Hmnility and Submission to the Laws we respect, but in the Determination of upholding our glorious Connexion with the Mother Country anil British Supremacy, reiterate our heartfelt Regret at your Excellency's Resignation, and our Fears that th'! Steps taken by our Colonial Minister, and that Line of Policy required by him, must have been guided by the Misrejiresentations of our IJ^neniies, and the Want of due Knowledge in the A 'fairs of the Colony. We believe it will be gratifying to your Excellency to be assured, that should the insolent and unjjrincipled Spirit of Encroachment displayed by the United States of America lead them to attempt any further Aggression on the Shores of Canada, we shall not hesitate, in defence of the admirable Constitution and good Laws under which we live, to give all our Energies and hasten all our Exertions in repelling the Insult, and defending our Country, Laws, and Con- stitution. We believe that the important Events that ha\e hajjpened in this Province during the Administration of your Excellency will long be remembered with deep Interest, and will long have a most important Influence upon the Interests and Prosperity of the British Possessions in North America. ('»0 3T 3 Wt 5I» No. 73. bir F. h. Head to liiird Gleiielu, -'Otl« iMarcl. 1838. Lii (.iDsiires. DESPATCHES FROM SIR F. B. HEAD, Babt., We earnestly trust that your Departure from among us will be but temporary ; that our Gracious Monarch will be pleased to command a Continuation of your valuable Services ; and that you may return among us, exilted and invigorated with renewed Powers. To the whole of the foregoing Addresses His Excellency returned the following Reply, verbally explaining to the respective Deputations, that feeling it to be his Dii*y not to write any thing on the Subject of his Retirement from the Government of the Province which could tend to agitate that Question, he had resolved to give but one Answer to whatever valedictory Addresses he might receive Gentlemen, I sincerely thank the Inhabitants of for the very gratifying Ex- pressions respecting my Administration of the Government of this Province which are contained in their Address. |i I Addenda. The following Addresses from legislative and other public Bodies, had they been received in Time, would have been placed with those of a similar Descrip- tion at Page 481. Address delivered by the Honourable the Speaker of the House of Assembly at the Prorogation of the Provincial Parliament to His Excellency the Lieutenant Governor, previously to the Delivery of the Speech from the Throne. !May it please your Excellency, We, Her Majesty's most dutiful and loyal Subjects, the Commons of Upper Canada, have granted to our Sovereign Lady the Queen the Supplies necessary to enable Her JVIajesty to carry on the Civil Government of this Province for the present Year. IJpon lookinj back at the various important Communications which have been made by your Excellency to the House of Assembly during the present Session, we cannot but congratulate you and the Country upon the firm and noble Attitude assumed by your Excellency in all these public Documents which have emanated from your Excellency. When we reflect upon the Occurrences that have taken place in U])per Canada and upon its Borders within a few jVIontlis ])ast, and upon the distinguished Part Uiken by your Excellency to maintain the Honour and Interests of our Country during that short but eventful Period, we find equal Cause of Gratu- lation. Rebellion has been crushed, the Attacks of perfidious Citizens of a Foreign Power have been re])elled, and Peace reigns triumj)hant within tiie Bounds of your Excellency's Government. We trust that the Provisions of the Militia Law, to which your Excellency has just given the Royal Assent, may, under Divine Providence, contribute to the Preservation of this loyal Por- tion of the British Empire from the Aggression of all Enemies, whether Foreign or Domestic. From the Message of your Excellency transmitted to both Houses of the Legislature we have too much Reason to beheve, that the jjiesent will be the last Time we ever shall have the Honour of meeting your Excellency on an Occasion like the present. In the Name of the People of this Province, I oiler to your Excellency the Expression of their deep Regret, that your I'^xceU leney should have felt constrained to tender to Her Majesty your Resignation of the Government of this Province, which your Excellency has administered witii so much Credit to yourself and Advantage to the Country. Tlie People of Upper Canada will ever retain a grateful Recollection of the Services of your Excellency ; and they feel assured your I'^xcellency will meet with u due Reward at the Hands of our youthful and beloved Queen. It ■■.i.^.;ii«,*«w.i^8W»^;'.?:^; ■;,'ij|s.vV5.| i^-' v'^^xSM^'^^-^^ ON THE SUBJECT OF CANADA. 519 3ut temporary ; luation of your incl invigorated r retumed the ns, that feeling etircment from at Question, he y Addresses he ' gratifying Ex- f this Province lodies, had they similar Descrip- the House of iliament to His the Delivery of imons of Upper pplies necessary lis Province for ions which have ring the present :>n tlic firm and jlic Documents n U])pcr Canada le distinguished Interests of our Cause of G rata- ls Citizens of a lant within the lie Provisions of e Royal Assent, f tliis loyal Por- whether Foreign 1 Houses of the sent will be the xcellency on an tills Province, I that your I'kcel- 'our Resignation IS athninistered ly. Tlie Poo])le Services of your eet with a due It It now only remains for me to present to your Excellency, for the Royal Assent, the Bill to provide for the Support of the Civil Government of this Pro- vince for the current Year. Sir, Government House, Halifax, 6th February 1838. At the Request of the Legislative Council of this Province, I have the Pleasure to transmit to your Excellency the enclosed Resolutions of that honourable Body, expressing their high Admiration of the energetic Measures adopted by your Excellency to suppress the recent rebellious Outbreak in Upper Canada, and offering their Thanks to Colonel Allan Napier MacNab, and the Militia under his Command, for their gallant Conduct on that Occasion. I have, &c. His Excellency Sir Francis Bond Head, (Signed) C Cami'bei.l. Baronet, &c. &c. &c., Toronto. No. 7ii. Sir F. B. Head to Lord Cilenci^, 20tli March IRiS. Enclosures. Legislative Council Chamber, 29th January 1838. On Motion of Mr. Stewart, seconded by Mr. Ousley : — Resolved unanimously, That while the Members of this House view with the deepest Regret the Existence of Rebellion in the Provinces of Lower and Upper Canada, they cannot refrain from expressing the Gratification they have derived from those warm and animating Displays of universal Loyalty and Attachment to the British Constitution and Government to which it has given occasion throughout the British North American Colonies. Resolved unanimously. That the grateful Acknowledgments of this House ought to be immediately conveyed to His Excellency Sir Francis Bond Head, tl'.e Lieutenant Governor of Upper Canada, for the Penetration with which he discovered, and the firm, prompt, and energetic Manner in which he baffled and defeated, the niiv' Designs of traitorous Men, to rob and murder those who jirefer the Blessings of the British Government to Republican Institutions, but more especially for the noble-minded Reliance njion llie Courage and Loyalty of the People alone, by which he was enabled to roiuler mast important Aitl towards the Siipjiression of the unnatural Rebelllcjii in Lower Canada. Resolved unanimously, That the Thanks of this House are also due to Colonel Allan Xajiier AlacNab, and the loyal Militia of Ujijier Canada, for their gallant Conduct in crusliing in its Infancy this rebellious Attempt, and in exhibiting a noble Example of the Spirit with which Her Majesty's North American Subjects are determined to preserve their Connexion with their Mother Counlry, ami to ))ut down all Eiuleavours to weaken or ilestroy it. Resolved unanimously, That tiiis House view with Astonishment and Regret the Support and Assistance which in a Time of jirofound Peace and Amity between the Two (loveniinents have been aff()rded to the expatriatetl Rebels by many Citizens of the American Union ; and tiiis House trusts that the I'^florts of the general Cjovernment of the United States will not be remitted until such of its Citizens as have been guilty of so unjustifiable a Violation of the existing Treaty and the Law of Nations shall be jiunished with that Severity wiiich they deserve. Resolved unanimously. That while this House recognize in the Britisli Soldier that Devotion to his Sovereign and Country which has led to the effec- tu;d Suj)i)ressi()ii of the Rebellion in Lower Canada, and also to a long and drciiry March at this inclement Sea.son, they cannot hut rejoice that the Ah.sence of the Troops from the Up])er Province has allbrded gratifying and irresis- tible Evidence of the deeii-rooted Attachment of the I'eople to the Biili.sli Const itution. Resolved unanimously. That an humble Address be presented to His Excel- lency the Lieutenant Governor, ])raying that he will he pleased to transmit these Resolutions to His Excellency Sir Francis Bond Head, the Lieutenant Governor of Upper Canada. John C. Hallhjuuton, Clerk. (41.) 3T 4, Ilcsolveilt 520 DESPATCHES FROM Sill F. B. HEAD, Bart., No. 73. Sir F. B. Head to Lord Cileiieli;, 20ili Marcli I83r^. Enplosures. Legislative Council Chamber, 31st January 1838. Resolved, That Mr. Stewart, Mr. Smith, and Mr. Ratchford do wait upon His Excellency the Lieutenant Governor, and present to him the Address and Resolutions agreed to on the 29th of this present Month of January. John C. Halliburton, Clerk. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Militiiry Order of Merit, Lieutenant Governor of the Province of Upper Canada, &c. &c. &c. / . ; May it please your Excellency, We the undersigned, on behalf of the Executive Committee of the Consti- tutional Association of Quebec, having been informed that your Excellency is about to retire from the Government of Up])er Canada, feel ourselves impelled, as well by a Sense of Justice to your Excellency's Person as by a Sense of Duty to our beloved Queen, to express our deep Regret at your Excellency's intended Departure ; and altliough Circumstances have placed your Excellency beyond our Reach for the more intimate and private Relations of Life, yet upon public Grounds we feel ourselves called upon to acquaint your Excellency that we deeply deplore the Causes which have led your Excellency to resign the high anil important Station you have held in our Sister Province, the Duties of which you have so ably and so faithfully discharged. The ])assing Events in Upi)er Canada could not but be regarded by us as of the most vital Ln})ortance to tins Province, and, entertaining this View, we have watched witli the utmost Anxiety your Excellency's Administration. We have followed )ou through your ])ros])erous Career, and particularly during the eventful Period of the late Rebellion, and whilst recording, as we now do by this Address, our Admiration of your public Conduct, we venture to express the llojje that Her Majesty's Ministers will at length be convinced that the Principles of the British Constitution alone are applicable to the good Govern- ment of these Provinces. At a Time when Constitutional Government has led to sucii hajjpy Results, from the I'^xereise of a sound Discretion, accomjianied by a dignified and uncom})romising Course of Policy, which has conspicuously marked your Excel- lency's Administration in Upi)er Cannda, we are irresistibly led to attribute the present deplorable Condition of the British ami Irish Inhabitants of t!iis Province to a weak ai:>.. vacillating Policy, so directly opposite to that pursued by your Excellency. We therefore deeply symj)athise with the Inhabitants of our Sister Province on the Loss they will so universally feel on the Occasion of your Excellency's Departure. In res])ectfully oil'ering our sincere Wishes for your Excellency's future IIa])i)ine>is, and that of Lady Head and Family, we feel that we speak the Senti- ments of the whole Body or Constitutionalists in this District, in exj)ressing the IIoj)e, nay the Conviction, that your valuable Talents will ever be enlisted in behalf of these Provinces, and that the imporUuit Services }ou have already rendered to Ujjper Canada and the Empire at large will receive that well- merited Reward, the Approbation of our most gracious and beloved Queen. (Signetlj A. L'tuaiit, Chairman. W. BiiisTON, Secretary. Province of Lower Canada, . Quebec, 2kh February 1838. To His Excellency Sir Francis Bond Head, Ikronet, Knight Commander of the Royal Hanoverian (Jnel])Iiic Order, Knight of th:i Prussian Military ()rder of Merit, Lieutenant CJovernor of the Province of Up])er Canada, &:c. &c. &c. Mav it ])lease your Excellency, We, tlie undersigned Officers, Non-commissioned Officers, and Privates of the First Company of Saint John's Loyal Volunteers Light Infantry, residing at ^^mw.£m^-^. IIT., 31st January 1838. )rd do wait upon the Address and inuary. ALLIBUUTON, Clerk. night Commander t "of the Prussian t' the Province of ee of the Consti- our Excellency is lurselves impelled, as by a Sense of your Excellency's lI your Excellency i of Life, yet upon ir Excellency that :ncy to resign the )vince, the Duties warded by us as of his View, we have tration. We have nilarly during the as we now do by venture to express onvinced that the the good Govern- ch happy Results, a dignified anil uked your Excel- Y led to attribute nhabitants of t!iis e to that jjursued iir Sister Province yoiu- Excellency's xccUency's future m speak the Senti- in cxjircssing the vcY be enlisted in }ou iiave already receive that well- jeloved Queen. \HT, Chairman. jTON, Secretary. night Commander t Ol' th-j Prussian ;' the Province of , and Privates of Infantry, residing at ON THE SUBJECT OF CANADA. 621 at St. John's in the Province of Lower Canada, cannot possibly refrain from addressing your Excellency in consequence of understanding by the public Press that you are about to retire from the Government of Upper Canada. We beg leave to express our sincere Regret that your Excellency has found it necessary to solicit your Recall, knowing, as we do, that the best Interests of the Sister J'rovince, as well as her Peace, Prosperity, and Happiness, are com- mingled with those of our own. Yom- Excellency's straightforward Policy has been our Admiration at the lirst Commencement of your Excellency's Career in this Hemisphere. Your Excellency's honest, uniform, and constitutional Conduct has been most gratifying to us, who profess a firm and steady Attach- ment to Her Majesty's Crown and Government. Most particularly we must expatiate on the prompt, manly, and spirited Effort displayed by your Excel- lency in frustrating and finally quelling a most unnatural Rebellion, which had reared its Head in that improving Country over which His late Majesty, of happy Memory, had placed your Excellency. Your Excellency had declared. " that the British Constitution should be pre- seiTed inviolate ;" that Pledge has been redeemed, and the Machinations of evil and designing Men destroyed, and their base Schemes rendered abortive ; and no greater Proof can be jjroduced to show the Estimation in which your Excellency was held by the People of Upper Canada, than tlie sj)ontaneous Muster of'^ local Force to su])port your Excellency's Command on a late Oc- casion ; and in this Feeling we most truly particij)ate. We now take leave of your Excellency, exj)ressing our Confidence that you will receive the Approbation of our Gracious Queen, and the loyal and thinking Part of the People of Great Britain, for the conscientious Performance of the arduous Duty for which your Excellency was so eminently calculated, by your Excellency's transcendaot Talents, to discharge. We beg to add our most cordial and sincere Wishes for the Health and Hap- piness of your Excellency and your amiable Family, and to wish you a propitious Voyage to Old England. No. 73. Sir F. D. Head i» Lord (ileni'li:, 20tli Mnrch IMS. Enclosures. Coldwat(;r, 8th February 1838. Address to His Excellency Sir Francis Bond Head, Baronet, K.C. H., Lieutenant Governor of the Proxincc of Ujjjier Canada, &c. &c. &c., from the Chippawa Chiefs of Lakes Huron and Simcoe. Father — We speak to you in the Name of our Warriors and of oiu- Women and Children, Father — We feel lonely to hear you are about to embark in one of the great Wooden Canoes to cross the Salt Lake to your Home. Father — When you first came to this, once the Land of our Fathers, we rejoiced to tiike you by the Hand, and you gladdened our Hearts by saying you would take the same Care of us whicli our gone-away Father luul done. Father — We are aware that you have been deeply engaged, and that you have liad great Trouble with your White Children, and for this Reason we believe it has not been in your Power to continue that good Work for us which you intended. Father — We wish you to tell our new Father of the Arrangements we made when we gave up oiu- Lands at Coldwater and the Narrows, so that he may prevent our White Ihetl'.ren from taking our Buildings. Father— We have heard that the Big Knives by their late bad Behaviour are likely to displease our (jreat Mother the Queen ; if this be the Case, and the Red-Coats raise the War Cry, our War Clubs shall be unburied, our Faces painted, and the pale-faced Big 'Knives shall again feel that the Hearts of the Red Men of the Forest are English. Father— Do not forget to tell our Great Mother that even the little Instruc tion we have received from the Great Spirit's good Book (the Bible) has taught U9 not to cut the Hair from off our Enemies Heads, as our heathen Ancestors did, and that when we fight we shall act as the Civilized do. (41,) 3 U Father — 52; DESPATCHES FIICT SIR F. B. HEAD, Bart., .Mi- No. 7;«. I-. H. lK;.d til 1-Hul tileiiel};, •jdiii Miircii iy;j8. KiK-li>Mires. i ! Ml Father — We now salute you, and we pray that the Great Master of Life may be kind to you, that He may bless you with a long and good Journey under the blue Sky and endless Happiness above it. To His Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guelphic Order, Kniglit of the Prussian Military Order of Merit, Lieutenant Governor of the Province of U})per Canada, &c. &c. &c. * . . May it please your Excellency, We, Her Majesty's dutiful and loyal Subjects, the Coloured Inhabitants of Hamilton and its Vicinity, having heard with unfeip^ied Regret that your Excellency is about to leave tliis Province, feel ourselvp . 'ailed upon to address your Excellency on an Occasion of the most poignant kJv,.row to all of us. Having exjjeriencod tlie Blessings of living under your Excellency's most paternal Administration of the Government of this Province, the Benefits we have received will be remembered by our Children's Children, with heartfelt (iratitudc that Proviilenc mercifully sent your Excellency hither to succour the opi)ressed and liberati. I e Captive. We beg to assure your L.vccllency of our most devoted Loyalty and Attach- ment to the British Constitution, as under no other Government whatever could we enjoy such extensive Privileges and Protection, and for which we cmi assure your Excellency wc are truly grateful ; and in proof of which we are ready at any Time to sacrifice our Lives in Defence of that Government. And as we voluntarily left our Homes and took up Arms to defend this Province from an expected Attack from Rebels and Pirates assembled on Navy Island, ve sliall at all Times be among the foremost to answer any Call that may be made upon us, either to suppress Rebellion in the British Provinces or Aggression by a Foreign Enemy. We beg most sincerely to thank your Excellency for the humane and prompt Manner in which your Excellency acted in the Case of a Coloured Man of the Town of Hamilton, Jesse Happy, who wasclaimedby the American Authorities, and whom 30U released from Prison and most nobly refused to surrender up to Slavery ; setting a bright Example to our Republican and Democratic Neigli- bours, of determined, stern, monarchical Justice. We now most resjjcctfully and sorrowfully bid Farewell to your Excellency, and, poor as wc are, trust we shall never prove Insolvents in Gratitude for Benefits received ; and rest assured, that wherever your Lot may be cast you will have the Prayers of the Coloured Inhai)itants of Hamilton and Parts adjacent offered uj) to Divine Providence for the Happiness of yourself and Family, To His Excellency Sir Francis Bond Head, Bart., Knight Commander 01 the Royal Hanoverian Guelj)hic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Ujjper Canada, &e. &c. &c. May it ])lease your Excericncy, We, the princii)al Chiefs and AVarriors of the Six Nations Indians, residing at the Grand River, in the Gore District, beg leave respectfully to approach your Excelk .icy, and to express our sincere Regret in learning that your Excellency is shortly to resign the Government of this Province, and leave for England. Altliougli your Excellency's Stay in this Province has not been long, it will be marked as the most important Period in the History of Ujjper Canada. Your extended Views for the Improvement of this fine Country and tlie Introduc- tion of Population and Capital from the old Country must claim the Admiration of all wlio desire to see it flourish as a British Colony; and may it long continue to form Part of tl.at Country to which our Ancestors, from their earliest Connexion, clung with devoted Loyalty. By yoiu- prompt and energetic Measures an unnatural Rebellion has been put down. Our Friends, the Ivlilitia of the Country, behav-.d noblv ; they instantly Hew to your Call ; out Warriors were ready to have fought by their Side. -We :*fi*>..«i^a«^5i?y.,?*(jsgpf|i. ''tg.-^j'-'jt ^ V ^^■M^:^'^^ ON THE SUBJECT OF CANADA. 523 No. 73. Sir V. B. Held Lord Gleiiblg, 2O1I1 March 18;i8. We regret your Departure the more, as our Interests and Improvements as a rude People depend much upon the Care and Attention of the Executive of tlie Country. Your Excellency has devoted much of your valuable Time and Attention to the Improvement and Wants of the Red Children of the Forest, ^_^ and j)articularly to the Six Nations, who now address you ; and may your EncloMires. Excellency's liberal Views for the Improvement of the poor Indians be as heartily entertained by your Successor, as they have been sincerely com- menced. And when your Excellency reaches the Shore of your Home, convey to our Sovereign, our youthful Queen, that Her Red Children of the Forest are loyal, and that they feel and largely appreciate the kind and paternal Protection of the British Government, between whom and the Six Nations the Chain of Friend- ship, although of Jong Standing, has not been allowed to rust. In ap])roacliing your Excellency to bid you Farewell the Six Nations take this Oj)])ortunity of returning you their sincere Thanks for your kind Care and Consideration of their Wants ; and they pray the Great Spirit to ])rotect and reward you. Address <.i' the Patriotic Highlanders of Lochiel to His Excellency Sir Francis Bond Head, Baronet, &c. &c. To Hi.s Excellency Sir Francis Bond Head, Baronet, Knight Commander of the Royal Hanoverian Guclphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Ujjper Canada, &c. &c.