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/
A VETERAN OP 1812
IHE LIFE OF
JAMES FITZGIBBON
BY
MARY AGNES FITZGIBBON.
- > <♦> «■■
TORONTO:
VVIIvL ^M BRIOGS,
WESLEY BUILDINGS.
C. W. Cc > s, Montreal. s. F. Huestis, Halifax.
MDCCCXCIV.
/ V g
Kntered, according to the Act of the Parhainei.t of Canada, in the year one
thousand eight hundred and ninety-four, by William Brioos, Toronto, in
the office of the Minister of Agriculture, at Ottawa.
'«
^
one
TO
XTbe /IDlUtia of Cana^a
AND TO
tTbe descendants of tbe /iDen ot 1812*14,
THIS HOOK
IS UESP^:CTFULLY DEDICATED
BV THK AUTHOR.
PREFACE.
TiiK collection of notes for the life story of "A Veteran
of I SI 2" was su<;gested to me some three years a<,'o l)y
the (MKjuiries of Mr. Edwards, late editor of the Dominion
I/lnstrafed, who was tlien anxious to devote a portion of
the columns of that paper to the record of men who had
been more or less prominent in Canadian history.
I began with a handful of private letters, a brief epi-
tome of his services, and the cherished recollections of my
cliildhood — stories, told us in the nursery, of the soldier
and his early life in Canada. After spending some months
in Ireland, visiting what my friends called "the cradle of
the race," I devoted long hours to patient research in the
Archives at Ottawa, and with the kind help of friends
who had valued FitzGibbon's correspondence sufficiently
to preserve his letters, T have not only been enabled to
verify these early traditions, but have accumulated suffi-
cient material to put together a fairly consecutive bio-
graphy of a man who lived through one of the most
interesting periods of our history.
. He was one whose personality was sufficiently pro-
nounced, and whose courage, integrity and singleness of
purpose were strong enough to leave an impression on
his time. " One," to quote from a letter addressed to Lord
Stanley, then Secretary for the Colonies (July 2nd, 1842),
11
PREFACE.
fli
by Sir Au^^ustus d'Este, " wliose happy (Icstiuy it was to
have the opportunity of rendering important services to
his adopted country, which services will cause his name to
be remembered with respect and admiration by the loyal
inhabitants of Upj)er Canada as long as devotion to the
parent state, manly valor and clear-sighted intelligence
are admitted to be entitled to laces in the catalogue of
estimable qualities."
The fac-simile of FitzGibbon's handwriting given on the
page facing the frontispiece is taken from a postscript to
one of his many letters to his young nej)hew Gf^i-ald
FitzGibbon.
Whether the sentiment it expresses is original or from
one or other of his favorite authors, T have no means of
ascertaining. It io, however, so indicative of his life and
character, so evidently one of which he had proved the
value, that it is worth pj-eserving and reproducing as the
text of his faith.
My thanks are due to the Right Honoral)le (rerald Fitz-
Gibbon, Lord Justice of the Coui't of Appeal in Ireland ;
to D. B. Read, Esq., Q.C., author of the "Lives of the
Judges," and other works ; to Ernest Cruikshank, Esq.,
author of "Butler's Rangers," the " Batth; of the Beech-
woods," etc., etc. ; to E. B. Biggar, Es(p, whose graphic
account of the l)attle of Stony Creek led to my applying
to him ; to Charles Lindse}^, Escj., William Lyon Mac-
kenzie's able biographer, and to J. H. Land, Esq., the
secretary of the Wentwoi'th Historical Society, for the
kindly assistance they have given me, either personally or
through their works, in accomplishing the " labor of love "
I have undertaken.
^i
■up
PREFACE.
• • •
111
T am inrh'hted 'so to J. Ross l?.ol)ei-t.soii, Esq., the
enthusiastic F ^ (virand Master of the Freemasons of
Ontario, for much i that portion of the book relating to
Fitz(Ti])l)on's lif( s a Mason ; also to the kindness of
Murray Jarvis, i^.s(j., of Ottawa, for valuable extracts
from unedited letters now in his possession, as well as to
many friends and well-wishers for aid and encouragement
in prosecuting the researches necessary in order to find
what one of them aptly designated, " the hinges of my
narrative."
If, owing to inferior workmanship, these " hinges "
creak, may I hope that an indulgent public will, in their
interest in the man, overlook the faults of his biographer.
For the rest, I may add that I have had the book
pulilished in Canada rather than in England, preferring
it should first see the light in the city whose loyalty and
homes he had guarded with so jealous an arm in life, and
to which his last conscious thoughts turned in the hour
of death.
M. A. F.G.
Toronto, May 24.th, ISO^.
Il
k I
TABLE OF CONTENTS.
CHAP'^KR I.
Birthplace— Its associations— Early recollections — His first
salmon —Religious impressions — Enrolment in the Yeo-
manry — Hated Englishmen — The Devon and Cornwall
Fencibles— The Knight of Glin— A bold step— Unex-
pected promotion— The Tarbert Fencibles — Leaving
home — A mother's anxiety — A promise
PAGK
CHAPTER II.
Majcr-General Whitelock — Aii extravagant speech — An im-
portant step — Bareham Downs — I-'mbarkation for Hol-
land — The Helder— Youthful ideas of battle— A gap in
the narrative — Egmont-op-Zee— Taken prisoner — French
" ni.tfles and rags" — Distressing march — Improving the
time^Exchange of prisoners — Military discipline — Re-
cruiting — A providential find
CHAPTER III.
Horsham Barracks — Sudden orders— Conflicting rumors
— Arrival at Spithead — The *SV. Ueovifc — The Monarch —
Copenhagen — Lord Nelson — The battle — The Vice-Ad-
miral's Hag — Unjust rebuke — An angry officer — Service
in the ranks — Return to England — Colonel Brot^k — An
explanation — A soldier's opinion
36
CHAPTER IV.
Winter-quarters — An alarming deficiency — A romantic appli-
cation — The Duke of York — Au interview with Colonel
VI
TABLE OF CONTENTS.
Brownrigg — The theatre — John Keinble anil Mrs. Sid-
dojis- -Colonel Brock's* kindness — Ordered to Canada— A
studious soldier — Brock's "favorite Sergeant-Major" —
Deserters — Midnight chase — Inhuman treatment — Tlie
mutiny — A dramatic arrest — A court-martial — A bar-
rack-room university — Fears of invasion — " Did you
try?" — The (Jlengarry Fencibles — Colonel Brock's letter
— A request
fAOK
40
I '<
HI
CHAPTER V.
Declaration of war — By bateaux up the 8t, Lawrence — At-
tempt to intercept — Defeat of the Americans — A winter
drive— An advance post — A daring capture— Carrying
despatches— Fall of Fort (Jeorge — Retreat^An excited
Irishman — A spy — The battle of Stony Creek — A sepa-
rate command — The "Green Tigers" — A bold stratagem
— A struggle — A brave woman — Desultory warfare — An
unsatisfactory check — Orders from American head(£uar-
ters — Beaver Dam — Chief Kerr's letter — Laura Secord —
' ' Big Knives " — Indian tactics — A bold sunnnons —
Negotiations — An unwelcome arrival — A Immbastic
speech — A soldier's courtesy — ^ Articles of capitulation —
Official despatches — Lieut. -Col. Bisshopp's letter — A
wrong impression — Return of prisoners taken — Letter
from Colonel Buerstler to ( General Dearborn — Effect of
the capture
63
CHAPTER VI.
A meagre reward — Attack on Fort Schlosser — -Black Rock —
An indignant officer— Imprudent delay— A gallant res-
cue — Death of Colonel Bisshopp — Suffering soldiers —
Defective commissariat — Projected attack on Fort Niag-
ara — The pickets at Fort (ieorge driven in— Tidings of
General Proctor's defeat — A retreat — Close of the cam-
paign — Departure of the 49th
104
( ;
TABLE OF CONTENTS.
VU
CHAPTER VII.
PAOK
Campaign of 18l4---The (Jlengany Feucibles at Oswego—
Weakened forts— -Reconnoitring— The battle of Lundy's
Lane — A rec^uest for leave — Personal courage — A roman-
tic marriage — The camp before Fort Eric — A sortie —
Glengarry men to the front— Hard fighting— A change
of camp— Advance of the enemy — Cook's Mills— Retreat
of the enemy— Evacuation of Fort Erie — Close of the
war — Sir John Harvey's letter 119
CHAPTER VIII.
Disbanding of the Glengarry Regiment — A hopeful outlook —
Civil appointments — A ssistant Adjutant-( ieneral — Ma-
sonic honors— A manly letter— A good character — Pre-
sentation of colors — Iiish riots— ^An influential mediator
— Address to the Orangemen — Extracts from the Times
— Lord Castlereagh's opinion— A sad quarrel — Press riot
— A sul)sciiption list — Colonel of '2nd West York Regi-
ment — Incipient rebellion — A stormy meeting — Extract
from Mr. Lindsey's "Life of W. L. Mackenzie" — Street
riots — A summary arrest — Quiet restored — Reminiscences
of an old U. C. College boy— Toronto in 1832— The
cholera — A faithful soldier — Orange processions — More
riots — Mrs. Jamieson's recollections — A race to college —
Definition of a gentleman — Toronto's first Mayor — Meet-
ing in the market-place — An accident — Parental sorrow
and counsels — Disturbances near Cornwall— The house
on Queen Street — Sir John Colborne's letter .... 139
CHAPTER IX.
An eventful year — Reform — A nation of liars — An obstinate
governor — Military cadets — Threatened rebellion — Fitz-
Gibbon vs. Sir Francis — An offer- Precautionary meas-
ures — The Chief -Justice — A generous letter— Secret
information — A tardy order— An irrepressible defender
— Vice-regal slumbers disturbed — The outbreak — A well-
armed governor — Pickets on Yonge Street — Arrival of
Vlll
TABLE OF CONTENTS.
! I
I'AGK
Colonel Macnab — Irritating delays -A rough plan of
attack — A curious scene — Defeat of the rebels — Burning
of Gibson's house — Regrets — Hesignation — Incorrect
statement 184
CHAPTER X.
Public recognition— The address — The (Jovernor's letter —
A disappointing message — A visit to England- -Invita-
tion to Guernsey — Sir Augustus d'Este — His sword —
Return to Toronto — Discussion in the Pouse — Lord
Seaton's letter — Death of Mrs. FitzGibbon— Removal to
Kingston — A struggling artist — Sir Charles Bagot's ad-
vocacy — Sir Charles Metcalfe — A tardy settlement —
Retirement — Failing health 231
CHAPTER XI.
Residence in Belleville — Blessings of a quiet neighborhood^ —
Letter from Lady Simpson— Return to England — Cheap
living — Harriet Martineau — Miss Murray — Elizabeth
Strickland — Federation foretold — Writing for the Homt
Circle. — George Combe's interest— Military Knight of
Windsor — Life in the Castle — Frogmore Park — The
Great Exhibition — Agnes Strickland — Relief from debt
— Bereavements — A remarkable dream 258
i M
CH^xPTER XIL
Energetic old age — Contributions to the press — A sailor's
"Pen yarn" — Opinion on the Indian Mutiny — Night
schools — Letter to Walter Mackenzie — Reminiscences of
the Rebellion — Good advice — Remarks on the Crimean
war — European politics — An anecdote of 1813 — A letter
of introduction — The Knights' case — Sinners r.s. Saints
— The Knights' votes — French invasion scare — An un-
daunted spirit — Longing for Canada— Closing scenes
Appendices
Notes . .
281
309
348
■«i
A VETEEAN OF 181S.
CHAPTEK I.
^^v^vN tlie IGtli ol' November, 1780, in the little
<-^ village on the south hank of the Shannon
iiMiiioi'tahzed by Gerald Griffin's graphic pen
and the sad story ol* the Colleen Bawn,* was born
the lad wlujse after life was destined to be more
eventful tlian genei'ally falls to a soldier's lot.
Tlie square stone liouse, then forming three sides of
a paved court-yard, is now a heap of ruins. Ivy
drapes the roofless walls; tlie barred doorway through
wliieh tlie faithful Danny-man went in and out about
his work attending to his master's horses, is gone ; a
pile of loose stones and weed-choked crevices alone
mark the spot, but tlie little brook still winds its way
in tiny leaps and bounds down the steep hillside —
still ripples over its stony bed, widening as it reaches
the foot of the old grey tower of the ruined castle of
the Knights of Glin, and under the high-arched bridge
1 1
I'
Colleen Bawn, a dramatic adaptation of (ierald Griffin's novel.
"The Collegians."
-I
f
10
A VETERAN OF 1812.
to the broad river below, as merrily at the end of the
nineteeiitli as dnriiiitholics),
impunity,
e the life
^ked.
i;
thought,
ime them
— for })eing sucli fools as to live in this world for
seventy-five yeai's as Protestants only to be sent to
jiell for seventv-Hve million.'
" My mind fARCtt.
.'^l
le
es
and ra^s.' Now wuh T possessed of some to iny no
small discomfort and mortification.
" While the exchange of garments was bein^ made,
Lieutenant Philpott and some grenadiers of the -SStli
were brought in. He stopped and asked me why
they stripped me. Before I could reply, a French
soldier struck liim a blow from behind with the butt
of his musket that made him stagger forward several
paces before he could recover himself.
" We were marched into Alkmaar and put into a
church, where I slept on the flags from six till eight
o'clock, when we were awakened, hurried out into the
street and marched oft* under an escort.
" I supposed we were to be lodged in some prison in
the town, but to my surprise we soon left it behind
us. Exhausted from fatigue, I dreaded a lou^ night
march. The dragoons of the escort frecjuently pushed
their horses upon us. One of them plunged in among
us, his horse dashing the man walking beside me to
the ground, and striking me a violent blow in the side
with his foot. To escape this danger I pushed on to
the front and strained every nerve to keep in the
advance. We were marched without halting to Bever-
wick, a distance of eighteen miles.
'' This was the most distressing night of my life. I
had already suffered so much fi'om fatigue during
our marches and countermarches since our landing at
the Helder, as to make my life a burden to me. Fif-
teen days later we reached Valenciennes, five officers
and one hundred and seven men." (See Appendix 1.)
i\'
L;_i:
i il
^^
A VETERAN OF 181-2.
;i 'l\
M
During- this and tlie few weeks that intervened
before tlie excliange of prisoners was effected, Fitz-
(jribbon was not idle. He seized every opportunity
witliin liis reach of conversing* witli his French
captors and learning as nmcli of their language as
possible.
Among some odd scraps of letters and manuscripts,
I find the following anecdote :
" The exchanged prisoners of war were landed at
Ramsgate from Flushing, in January, 1800. On the
march to Beccles and Bungaye, where the 49tli were
then stationed, I was sent forward to have the billets
ready for delivery to the men at the end of each, day's
march. On entering the iini at Witham, near Col-
chester, a gentleman standing at the door asked me if
I did not belong to the 49th ^. Upon my replying
that I did he said :
" ' Why then are you in such a ragged and stained
dress ? '
" ' I am returning from French prison, sir,' I replied.
" ' Come in, come in here,' he said, and innuediately
ordered the waiter to bring breakfast and a, glass of
brandy for me. He was surprised when I declined
the latter, as I never drank it.
" ' What, a soldier and not drink brandy ? Well, well,
I am very glad of it ; and now, where were you taken
prisoner ? '
" ' At Egmont-op-Zee,' I replied. Then to my sur-
prise he asked a number of ({uestions as to the
behaviour of certain of the officers in that battle.
A MARTINET — MILITARY DISCIPLINE.
33
" I^iioi'rtnt of wlio my ([uestionor iiii^ht be, I could
only reply faithfully as to what I had seen and knew,
and unconsciously was able to remove the odium of
cowardice from at least one to whom it had been
imputed. I learned later that my interrogator was
the surgeon of the 49th. He shook hands with me,
and bade me take care of myself and I would rise to
be a general officc^r. I was not \'ery sanguine of that,
but they were kindly words to cheer on the hopes
and and^ition of a lad who loved his profession."
In the sunuiier of 1800 the regiment was sent to
Jersey. During the senior Lieut.-Colonel's absence
on leave, the second assumed the connnand. Of this
officer's ability, FitzGibbon speaks highly.
" He was the best teacher I ever knew, but he was
also a martinet and a great scold. His offensive
language often marred his best ettbrts. The latitude
taken at drill in those days was very great and very
injurious to the service. The late Duke of York saw
this, and by appropriate regulations greatly abated
the use of offensive language.
"To such a state of feeling was the regiment worked
up by this man's scolding, that upon the return of
the senior officer,* his first appearance on the parade
was greeted by three hearty cheers from the men.
This outbreak of welcome was promptly rebuked ])y
the returned colonel and the men confined to barracks
for a week."
FitzGibbon does not name either of these officers,
* n
Colonel (afterwards Sir Isaac) Brock.
t-Jl
,^^4
A VETERAN OF 181-2.
i
i
;
tii
it
adding onXy : " I uii^ht record the Future career of
the two men, Imt will only say that they were not
on the same level. The history of the one officer
who won the affection and respect of his men by
kind though firm disci])line bears the higher military
reputation."
While the regiment was in Jersey, several recruiting-
parties were sent from it to England. With one of
these FitzGibbon was (jivlered to Winchester. The
party consisted of a captain, two sergeants, a corporal
and drununer. The captain appointed, being on leave,
was to join the pai'ty later from London.
Before embarking, and without Fitz( ribbon's knowl-
edge, his fellow-sergeant drew the month's pay for
the corporal and drunnner, went out of barracks, and
either gambled or, as he said, lost it, by having his
pocket picked. For this he was tried and sentenced
to be put under stoppages as a private until the
amount was refunded. Notwithstanding, before
going on board the Rowcliff'e sloop for Portsmouth,
the man again drew the month's pay, and soon after
their arrival in Winchestei", lost or spent the money.
The captain had not yet joined them, and upon pay-
day FitzGil)bon's duty would be to report the case to
the regimental head(juarters. This would inevitably
result in the reduction of the sergeant to the ranks,
or possibly the infliction and degradation of the
lash. The man was of respectable parentage, in edu-
cation equal if not superior to FitzGibbon, and his
pleasing, gentlemanly manner liad won his fellow-
A PROVIDENTIAL FIND.
35
soldiers' afibction. Haviiio- full confidence in liis
truthfulnesH, Fitz(jri])bon out of his own month's pay,
as yet untouched, j>ave tlie corporal and di'ununer
their week's pay. Another week passed without the
captain having joined the party, and ag'ain he paid
tlie men. Tliis was i-epeated until lie liad not a pemiy
remannng.
<' '^r
Twenty-foiii' hours liad elapsed since 1 liad tasted
food. We were walking- down the high street of
Winchester, pooi" as hungry and miserabh.' as
myself, neither of us knowing what to do nor where
to turn for help. To sell any part of onr regimentals
was impossible. It was a military offence, and its
connnissioii would inevitablv have brouijht tlie (lis-
grace 1 dreaded. Walking slowly and in silence,
weary with thinking and the vain effort to puzzle a
way out of the difficulty, I had almost given way to
despair, when, the light of a street lamp falling across
my path, my eye caught the gleam <3f a coin lying on
the wet pavement at my feet. I picked it up, and
carrying it to a neighboring sh(jp-window, saw it was
a half-guinea. I rang it on the sill to be sure my
eyes had not deceived me. I did not stay to enquire
who had dropped it. The street had many passers-
by ; its owner might have passed long since, but the
thought that it had ever been owned by anyone else
never crossed my mind. I was hungry tlu'ough no
fault of my own, and this half-guinea was to me a
direct gift from Providence, and as such I used it and
was grateful."
il
If! '
. '
36
A VETERAN OF 181t>.
CHAPTEE III.
C>ii
'1
\
i
•1
1 i
1 i!i
1 ■;■'' '
Ml
^N FeVnniary, 1801, tlie 49t]i was ordered IVoin
Jersey to Horsliaiii in Sussex, the recruiting-
parties receivino- instructions to join it on tlie
march from Portsmoutli.
" Arrived at Horsliani barracks, it was ^enerall}'
understood we were to be stationed tliere some months
and much of the unpacking was done. An express,
liowever, arrived tlie following- morning- from tlie
Horse Guards, ordering our innnediate return to
Portsmouth. At Chichester an order met us to be
on the south sea-beach at nine o'clock the followinvithin, I heard a thin, rather feeble voice call out,
' Foley, Foley, let the man alone; he obeyed my orders.'
" For many weeks while he was on board, I had an
opportunity of seeing Nelson every day. He appeared
the most mild and gentle being, and it was delightful
to me to hear the way the sailors spoke of him. True,
I was only at sea during the summer, but my greatest
wish then was that I had been a sailor rather than a
soldier."
While in the Baltic an incident occurred which
might have interfered with FitzGibbon's career as a
soldier.
The detachment of the 49th on the Elephant was
commanded by Lieut.-Colonel Hutchinson, an impa-
ir
40
A VETEllAN OF IS12.
>1
tient, h()t-t('Mip('i'(Ml num. Oiu; iii()i'Miii<;*, very early,
he sent for FitzGil)l)()n to conu' on dwk. Whilo tin;
H}ii])s were at anchoi", hotli watclios wci'o in tlicir
liannnockH at iii^lit. Tlie liannnoekH lu'in^j; Inino-, all
occupit'd, press closely tot^ethei*, and a man tui'ii. '^jf
out siiiixK' must <••() down on his knees and there,
with difficulty, put on his ch)thes. When FitzGibhon
reached tlie deck, h(^ foimd the colonel in a towering
passion.
" How (hire you not come (piickly, sir, when I sent
for you :* You are an example of laziness to the men,
and if the like of this occui's again, I will bring you
to a court-martial and re(hice you to the ranks."
Then giving him the order for wdiich he had been
called on deck, the colonel left the sliip with Captain
Foley to spend the day in another vessel.
Mortified by the publicity of the rebuke, a(hninis-
tered as it was in the presence of not only the soldiers
and sailors on deck, but of two of the midshipmen
who had treated him with the kindly courtesy and
tact of one gentleman to another, a consideration he
was not entitled to by his rank as sergeant ; hurt and
indignant at its injustice, and naturally impulsive,
FitzGibbon determined not to wait for his colonel to
carry the threat into effect, but at once, voluntarily,
to retire to the ranks.
Upon Colonel Hutchinson's return to the ({uarter-
deck that evening, FitzGibbon met him, saluted, and
said : "As I cannot discliarge the duties of a sergeant,
sir, without incurring such censure as I received this
■ I
k
-jll
AN ANGHY OFFICER.
41
morning, T dcsiiv to I'titii'c into the ivmks as u pri-
vate."
'V\u\ Oolonel'H face HuhIrmI with iiuli<^naiit surprist^
as lie replied: " Very well, HJr; iVoni this iiioinerit you
are no Ic^i^'er a sergeant. Go, sir, to your duty as a
private, and renieudjer I don't forget you. Take that
with you."
A HJiort turn on the deck brou^'ht him atjjain in
contact with tht; irrepressible soldier as he w<'nt
below. Shakinlonel
Brock came out to meet them, and drawing his sword
marched at their head into barracks.
At parade the following morning, Colonel Brock
addressed the men. He thanked them for not only
doing credit to the regiment and its officers by their
bravery during battle, but for their general good
conduct while separated on board the different ves-
sels, the captains of which had written to him in the
most favorable terms of the men while under their
command,
: m
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A VETERAN OF 1812.
V ll'Jl ill'
Hi
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" He (Colonel Brock) created by liis jinlicious praise,
liis never-failing interest m his men, both individually
as soldiers and collectively as a regiment, a noble
spirit which bore fruit in many a well-won laurel in
Canada, in China and the Crimea."
After the regiment was thrown back into column,
Fit/Gibbon noticed his captain in conversatio^i with
Colonel Brock, and on the men being dismissed he
received an order to present himself to the colonel.
The fr Mowing conversation is too characteristic of the
two men to be omitted :
" Pray, young man," asked the colonel sternly,
" Why did you resign your office as sergeant when
on board the Elephant ? "
" Because, sir. Colonel Hutchinson censured me
j)ublicly and in harsh language, when in reality I
was not to blame." /
" Now, was it not to insult him you did so ?"
" Positively, sir, suclt a thought did not occur to me.
I felt mortified to be so publicly rebuked, and, as it
happened, in the presence of two of the ship's officers
who had from time to time treated me with more
than the attention due from men in their position to
one in mine. Then, during the whole of the day after
I was so cen. Aired, and before Colonel Hutchinson
returned to the ship, I felt that under such an angry
officer I nuist be always liable to similar treatment^
and this consideration, more than any other, deter-
mined me to resign."'
" Have you any objection to tell Colonel Hutchinson
so now ? "
mmm
PHH
f
A SOLDIERS OPINION.
45
" I have no objection, sir, to tell the truth at any
time."
" Then I wish you to ^o at once to his (quarters and
tell him so. He thinks your object was to insult him
by way of reveng;e."
FitzGibbon obeyed. Colonel Hutchinson accepted
the explanation and went himself to rec^uest Colonel
Brock to reinstate the self-reduced private to his rank
as sergeant.
When sent for again, Colonel Brock told FitzCJibbon
that it was in consei^uence of " Colonel Hutchinson's
re(juest that he was reinstated, and that tliere having
been no returns from the regiment sent in during
their service in the Baltic, he had never been officially
reduced, and would receive his pay as sergeant as
though nothing had happpened." Before leaving the
colonel's room the young soldier had something to
say. After thanking the colonel for his kindness he
asked permission to make an observation without
offi3nce. The colonel nodded, " Go on."
" It is this, sir. I think that nuich harm is done to
the discipline of the regiment by censuring the non-
commissioned officers in the presence of the men. It
lowers them in the estimation of the privates, and
weakens their authority, besides the ill-feeling it
creates towards the officer, which a private rebuke
would most probably not create at all, but would
rather leave the non-conunissioned officer grateful for
being spared in public."
!ii^
S!
46
A VETERAN OF 1812.
CHAPTEK lY.
CKj
JTlN tlie autumn of 1801, the regiment was moved
(^ from Colchester to Chehnsford, and passed tlie
winter in peace and comfort.
FitzGibbon was pay-sergeant of the grenadier
company. He was not a good accountant, and when
making out his pay sheet for February, found himself
deficient to the amount of nearly £2. He was horror-
stricken at this discovery, knowing he had not ex-
pended it upon himself, yet dreading the conseijuences
A recent occurrence in the regiment, of a s(piad ser-
geant being tried and reduced to the ranks for tlie
deficiency of one shilling, roused his fears lest the
greater deficit should be punished with the lash, and
" he would take his own life rather than endure the
degradation of stripping in the front of the x-egiment
to be flogged."
Under the pressure of this fear, FitzGibbon did
what in after years he said was " no doubt due to
my early reading of such romances as the ' History
of the White Knight,' of ' Parismus and Parismenus,'
' The Seven Champions of Christendom,' etc., I decided
upon applying to the Commander-in-Chief for pro-
tection.
" I asked for and obtained a pass for three days to
^ to London on pretended business. I walked up to
iiMiiBilPiTM
nwiiim ir^Ji.
A homantic apj>licatjon.
47
town, and found my way to the Anchor and Vines
tavern, close to the Horse Guards, and tliough tired,
at once wrote a letter to the Duke of York, stating
the case to him and praying of him to enable me to
replace the money so that my colonel might not
know of the deficiency : for, as I looked upon him
as the father of the regiment, I dreaded the forfeiture
of his good opinion more than any other consequence
which might follow.
" On the following morning, I gave my letter in at
the door to the orderly on duty. With an anxiety
I cannot describe, I walked before that door till niglit
fell, then in despair returned to my tavern. In the
course of my romantic reading, I had learned how
many were the evil influences surrounding courts and
princes, and supposed my letter had been withheld —
that probably such letters from people in humble cir-
cumstances were never presented to great men. I
therefore wrote another letter, adverting to the one
delivered at the office door, and again stating my case
as before.
" The second morning I took my stand at the door
before the hour of opening, and asked the sentry to
point out the Duke of Yc.k to me.
" The Duke soon approached. He was in plain
clothes and walking. I stepped up to him, saluted
him, and held out the letter. He took it, looked at
me from head to foot, and passed in witliout speaking.
" After the lapse of a few, to me most anxious,
minutes, I was called, shown into a waiting-room up-
!^'
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48
A VETERAN OF I81i>.
9
mm
stairs and told that Colonel Brownri^g would see me.
He came in presently with my two letters in his
hand. He asked if I had written them. I answered,
' Yes.' Upon which he said, ' The Duke can do noth-
ing in this matter before referring to your colonel.'
" 'But it is to avoid that I have made this applica-
tion.'
" 'In all cases of this kind,' he replied, ' nothing can
be done before referring to the Connnanding Officer.'
Then seeing my agitation, he added, ' The Duke is not
displeased with you. Return to your regiment and
you will not be treated harshly.' I retired, and it
being too late in the day to return to Chelmsford, I
went back to my tavern.
" Never having been in a theatre, and learning that
I might go into the gallery at Drury Lane at half
price, I went, and saw John Kemble and Mrs. Siddons
in the characters of Jaffier and Belvidera. On leaving
the heated atmosphere of the theatre I found it rain-
ing, and was pretty well drenched before I reached
my room. This, following the excitement of the two
previous days, brought on a bad feverish cold, and I
was unable to rise in the morning.
" As my leave expired that day I wrote a note to
the agents of the regiment, Messrs. Ross and Ogilvy,
to report my illness, and begged of them to forward
it to the regiment at Chelmsford. In the course of the
afternoon the servant came to my room and told me
that two gentlemen were below desiring to see me.
. " Startled at this announcement I desired them to
ai
h^
01
ei
COLONEL Brookes kiNDNtss.
4d
be shown up, wlien to my dismay in walked the
colonel and another officer of my regiment.
'"Well, young man, what's the matter with you?'
" I told him, ' a cold.'
"'Well,' he said, 'take care of yourself this night
and return to the regiment to morrow.' Adding, ' Per-
haps your money is all spent,' he laid a half guinea
on the table beside me witi* the words, ' there is
enough to take you home.'
" This kindness so affected me that I could hardly
say, ' If you knew what brought me here, you would
not be so kind to me.'
" 'I know all v out it. Get well and go back to the
regiment.'
" It .'■0 happened that the colonel had come up to
town that morning, and was at the agents' whe^ my
note was received. He then went to the Connnander-
in-Chief's where my letters were put into his hands,
when he came on to my room. Later in the evening
the colonel's servant came to see me. He was a
private servant, not a soldier, and a very intelligent
man.
" ' What's this that you've been doing at the Horse
Guards,' he began.
" ' What I would gladly conceal from the world,' I
replied.
" ' Well, I know something about it, for while
attending at table at the colonel's brother's house
to-day, I overheard a good deal of what the colonel
said of you to the company. It seems you have been
I
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50
A VETERAN OF \HV>.
writing letters to the Duke of York about some
difficulty you have got yourself into, aiul mentioned
the colonel in a way that pleased him and his brother.
He said that when the Duke gave him your letters he
recommended you to him, saying that he (the Duke)
would not forget you. Then the colonel added, ' If
the Duke forgets him I will not.'"
Upon his return to the regiment, FitzGibbon's
accounts were examined and an error of £1 15s.
erroneously entered against himself, discovered — his
limited knowledge of arithmetic and book-keeping
being accountable for the supposed deficiency.
The 49th, as indeed all the regiments of the line,
were at that time in a very inferior state of discipline
in regard to drill and field exercises. Sir John Moore's
new code of drill was being generally introduced, and
FitzGibbon's training under the drill-sergeant in Ire-
land, as well as his practical knowledge gained in the
yeomanry corps, was of great value to him and his
company.
In April, he was at Uxbridge recruiting from the
militia just then disbanded.
In June, the 49tli was sent to Quebec. FitzGibbon,
in order to take advantage of the long voyage and
comparative release from duty, to study, provided
hin^self with books upon nulitaiy tactics and field
exercises. Lying in the boat which lumg over the
stern of the vessel, he made himself master of every
detail contained in the " Rules and Regulations for
the Field Exercises of His Majesty's Forces."
brock's "favorite sergeant-major."
51
Sucli unusual application was not unnoticed by the
colonel, whose attention had been already so favor-
ably drawn to the young sergeant, and upon arrival
in Quebec the sergeant-major was promoted to be
(piartermaster-sergeant, and the sergeant-major's sash
given to FitzGibbon, over the heads oi ihe forty older
sergeants in the regiment.
In September, 1808, Lieutenant Lewis resigned tlie
adjutancy but not the lieutenancy, and thougli Colonel
Brock reconnnended FitzGibbon for the vacant adju-
tancy, there was no available lieutenancy for over
two years, and he could only ac' as adjutant until
180(), when Colonel Brock obtjcined an ensign's
connnission for his " favorite sergeant-major," as
FitzGibbon was known in the regiment, from the
Duke of York, who had not forgotten the lad and
his romantic application for his protection, and in
December of the same year lie succeeded to the
adjutancy.
In September, 1802, his company was sent to
Montreal, and in the following sunnner moved on
to York.
During these first years in Canada, there are many
stories told of the sergeant-major. Desertions from
the regiments stationed in Canada to the United
States were fre([uent, but it is recorded of Colonel
Brock that he only lost one man during the three
years of his personal conunand. He owed this to Ids
popularity and personal influence with his men, and
to the vigilance of his sergeant-major.
1
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52
A VETERAN OF \H\±
FitzGibbon always protested a^ijainst the use of the
" cat " for trifling offences, ar^uin^- that it degraded a
man not only in the eyes of his conu-ades but in his
own : that the sense of shame such punisliment left
in a man's consciousness pointed invisible fingers of
contempt at him and robbed liim of the courage
necessary to face an enemy, as well as of the love for
his officers which would carry liim to the cannon's
mouth with unflinching djvotion.
The invariable kindness with which Lie'it.-Colonel
Brock, although a strict officer in enforcing duty,
treated his men, was repaid by their devotion to him.
In several of his letters he speaks of the ingenuity of
the inducements held out bv the Americans to the
privates in the regiments at the frontier to desert,
and of the necessity of great watchfulness on the part
of his officers to defeat them.
Soon after their arrival at York, the sergeant of
the guard informed the sergeant-major that three of
his men w^ere missing, and that a boat had been taken
from a shed in charge of one of his sentries, who had
also disappeared. Although at midnight, FitzGibbon
reported the circumstance to the colonel, who ordered
him to man a bateau with a sergeant and twelve
privates.
The roll was called in the barrack-rooms, when
three other men, as well as a corporal of the 41st,
who had been left at York as an artificer, were found
to be missing.
At half -past twelve the colonel embarked, taking
■ii
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Xirwnr-fWiTiK-aTii
A MIDNIGHT CHASE.
53
FitzGil)l)()n witli liiiii. Tlioy steered direct t'or Nia-
pira, thirty luileH across the hike, and arrived soon
after daylight. Tlie ni^lit was (hirk, Imt there was
little wind, and tli()u<;"h tlie passat^e liad been made
before in an open boat, it was consi(U;red a venture-
some undertaking^ Lieut.-General Hunter, wlio
commanck'd tlie troops in botli provinces, is said to
have expressed his (Hspk'asure at the colonel for so
rashly risking* his life. The deserters were overtaken
and induced to retui'n to their duty.
A short time after this adventure a very serious
nuitiny was discovered at Fort George, then o-arri-
soned by a detachment of the 41)th, under the connnand
of Lieut.-Colonel Sheafte, which, had it succeeded, had
certainly ended in the murder of that officer.
Although the day has lon^ passed when such
tyrainiical rule in an officer's hands would be toler-
ated, yet one cannot read the account of the treatment
the men suffered at the hands of this junior colonel
without a feeling of just indio-nation.
The four black holes in the fort were constantly
full. Flogj;ing was the sentence awarded for even
trifling offences. The passing of a sentence so heavy
that it recjuired to be inflicted at two, three, and even
four different periods, when the victim was incapable
of bearing the whole number at once, was not uncom-
mon. The " cat " was steeped in brine, before as well
as during the infliction of punishment, and the suffer-
ings of the men and their hatred of the tyrant may
be imagined. (See Appendix II.)
Ill
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A VETERAN OF IS 12.
■ t
Upon tlio discovery of tin; inti^ndt'cl iiiutiny, tlio
orticeiK in the puTison held a private nieetinjif and
decided to wend a .secret ineHHa^n; to Colonel Brock
before takinf]^ any pul)lic action.
Although not diHtinctly .state.
afloat, but you know it will not do to tell the colonel
so, unles.s we try it. Let us try — there are tlie boats.
I am sure if it is possible for men to put them afloat,
you will do it : ^o at tliem."
In half an hour the boats were in the water. Tlie
troops were thus enabled to embark a day earlier
than if the order had not been carried out.
It was in this year, 1807, that the flrst suggestion
was made by Lieut.-(.Wonel John McDonell, late of
the Royal Canadian Vohnrteers, for raisinught to complete the validity of the title.
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Tupper's " Life ami Correspondence of Sir Isaac Brock."
60
A VETERAN OF 1812.
I
In Scptt'inbei', 181 1, tlie 41)th was {i<;ain in Montreal.
Uecruitinj^ for tlie fjllen^'ai'ry Fenci})le.s was in active
opei'ation in April, 1S12. Lieut. Shaw, the acting pay-
master of the 4!)th, was ordered upon that duty.
Fitz(Hl)bon wrote to Colonel Brock in July, 1812,
with reference to a company bein<;- given to him in
the new regiment, and received the following auto-
graph reply :
" YoiiK, July 29th.
"])eA]{ Sir, — I lament that you should s(^ long
have been impressed with the i«lea that I possessed
the means of b(;ing serviceable to you. I had scarcely
heard of Mr. Johnson's having declined a company in
the Glengarry (which would have given me the
nomination), but I received an account of his being
reinstated. I consecpiently thought no more of the
business, thinking that officer was enjoying the fruits
of his good fortune. I know not positively whether
Mr. Johnson is reinstated, but being under obligations
to promote his views, I cannot possibly interfere to his
prejudice. I rath !r wonder you did not know that
Lieut. Lamont had long ago my promise of nomi-
nating him to the comjmny, provided it became vacant,
which, of course, would have precluded my applica-
tion in your behalf. Although you must be sensible
of the impossibility of my taking any steps to for-
ward your views in the present case, yet, be assured,
I shall always feel happy in any opportunity that
may offer to do you service.
"To a person unaccustomed to my writing I scarcely
would hazard sending this scrawl.
" I am, dear sir,
" Yours faithfully,
"Isaac Brock. •
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A VETERAN OF ISI'2.
In SfpU'iiilxT, ISl 1. tlu' 4!Uli Wfis ;i;;ain in Montri'al.
ilt'cniitiiij; for tlic (Jlciit^any Ki'iiciblcs was in active
operation in Api'il, I.S12. liieut. Shaw, the aetin ''''^-
i^ ^^ ^ ,
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COLONEL BROCKS LETTER.
ei
" I should lik(> to 1)0 ainono- the \S\\\\ at this inoinont.
I am satisfied thev will siip]ioi*t and even add to their
loi-niei' fame. They Iwive my vei-y hest wishes. The
41st are heliavin^- nohly at Amiiei'stl)ur<^"."
In the I'ac-simile of this letter from C}ene)-al Bi'ock
it will he notiee(l that th(> yc^ar is omitted in the
date, hut fi-om t!ie context and from reference to
othei' correspondence now in the Canadian Archives
at Ottawa, lelativo to Lieut. Jolmson ( ,ontleman
who appu'ently could not decide in wliich regiment
he pi-cferred to hohl a commission, the Glenn;arry or
tlie Canadian Fencihles), there is no dtjuht tliat tho
letter was written in 1812.
Owin^ to the fact that the)v are very few letters
from Brock extant, and those in the keepin^n the adjutancy, I therefore detail
them. Before 1 entered the army the circumstances
of my parents prcxented my obtaining- such an educa-
tion as to (pialify me to ;e the duties of an
otficei- in His Majesty's service. Whatever know-
.'III
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COLONEL BROCKS LETTEU.
61
" I sliould like to be aiiiont;- tlir 4'.)i\\ at this monu'iit.
I {iiM satisfied tlicy will sujjpoi't and even add to tlieii'
fornjer Ijuiie. Thev liave niv very l)eHt wishes. The
4 1st are behaviiin- nobly at Aiidiei-stbur*^'."
In tlu; fac-siniile of this letter iVoni (Jenei'al Bi'ock
it will be noticed that tlie year is omitted in the
date, but from tlie context and from I'eference to
other correspondence now in the Canadian Archives
at Ottawa, relative to L.eut. Jolmson (a j^'cntlenian
wlio app.irently could not decide in which re<;inient
lie preferred to hold a conunission, the (jJle!)<;ai"iy or
the Canadian Fencibles), there is no doubt that the
letter was written in 1812.
()winloy
mv, so as to leave no spare time. 1 am anxious to
study and become pi'oticient in the lan^uaoes, mathe-
matics, militaiy di'awin^, etc., so as to ([ualify myself
to discharp3, with honor to myself, the duties of any
situation to whicli I may hereafter have the ^^ood
fortune to ])e called.
" I have the honor to be, sir,
" Your most obedient, luunble servant,
"(Signed) James FitzGihhon,
" Lieut, and Adjt. 49th Regiment.
" To Colonel Vincent,
" Commanding ^^tli Regiment.
" A true copy.
" Noah Freer,
" Military Secretary."
This letter was forwarded to the Connnander of the
Forces in Canada, with a letter from Colonel Vincent
sjlicitin*!^ approbation of its petition, and reipie.stin*;-
permission to recommend Sergeant-Major Stean for
the adjutancy if FitzGibbon's resignation Is accepted.
We can, liowever, find no further record or entry
of any reply to either letter.
UP THE ST. LAWRENCE BY lUTEAUX.
GH
CHAPTEE V.
C»iL.
JffN J.'inuaiy, 1812, iiniiiedijitely after tlie decbir-
Plf {ition of war by tlie United States ag'aiiiHt Great
Hi'itain and her colonies, we find FitzGib])on
a<^ain addi'essing liis colonel and applyin<^ for leave
to resign the adjutancy, in order tliat he may be ^iven
tlie conunan^.
1
ift
64
A VETERAN OF 1S12.
I-
P(jsHil)ly tilt' north clumiiel was not so well known to
the boatmen as the south, or it nii^ht he tliat Fit/-
Gibbon, adhering to tlic very original idea formed on
the sand-hills of Holland, tliat the safest place was
close to the enemy, took that route in preference to
the otlier. Jf so, the result i)roved its value.
FitzGibbon's enthusiasm, his readiness of resouice,
Ids willin«4'ness to take his share of work with his
men, whih^ at the same time preservin*^ his authoi'ity
over them, was lon^ remembered.
A white-haired old man (the late M. Le Lievre,
of Three Rivers), when speaking of this expedition
to the w^'iter in 187.S, recalled the particulars with
vivid interest: "I can remend)er that journey well,
although I was only a very youny- lad at the time.
FitzGibbon was a fine man, and a splendid soldier.
The men adored him, although he was strict. His
word was law, and they had such faith in him that I
believe if he had told any one of them to jump into
the river, he would have been obeyed. He always
knew what he was about, and his men knew it, and
had full confidence in him."
The Americans, learning thrt the bateaux were
coming up the St. Lawrence, fitted out an expedition
at Ogdensburg to intercept them. They landed on
Toussaint's Island, but through the timely warning
given by a man who escaped from the island and
roused the militia on the Canadian shore, the boats
were prepared to receive them. When the Americans
made the attack they met with such a w^arm reception
n
A WINTER DRIVE.
G5
that tlioy vveiv ohli^^cd to uImumIo!! one of their lumts,
and in Hpitu of tlic fact that tliey hrou^dit tlic t\\v
fi'oni tlu'ir ^•inil)oat to hear upon tlic hatcaux, ann the ()tli of
April, he crossed in a bateau with twelve men,
succeeded in reaching; the island unobserved, and sur-
prisin<»- the party, took them prisoners and brought
them back with their own boat.
That FitzGibbon was fre(iuently employed in con-
veyint;* despatches from the frontier to headcpuirters
at King'ston, we know, but we have no detailed record
of each occasion upon which this duty was entrusted
to him. His intimate knowledge of the roads, his
expeditious promptitude and rapid movements, as
well as the fact of his havin'»; been at so many dif-
ferent places, while that part of the 49th to which
he of right belonged remained at one post, makes
thih more probable.
He was with his regiment on the Niagara frontier
on April the Oth, when the raid on Strawberry Island
was perpetrated. He was at York wh'ni that post
was attacked by the Amc ".cans under Chauncey and
"^
UNDAUNTED " BRITISHERS."
67
Dearborn, and ))ack again at Fort Geoi-oe when it
was taken by them on May 27tli.
Tliere is no official record extant of the strent;th
of the force tliat, after the galhint defence of Fort
George, retreated to Burlington Heights.
The situation was critical. The recent ]x)ndmrd-
nient of York and its ev^icuation by its chief niagis-
ti'ates an south of tlic I'ond, while Generals Wiiidci'
and (Jhandler had jjosscssion of Mr. Ga^^c's liouse as
tlieii- head(|uartei's. Tlie hickh'ss advance ;;uai'd was
])osted in tlie ineetin^'-lionse on the west si(U' of tlio
Hat, a (|uartei' of a mile i'roni the camp."^
l^pon FitzGibbon's i-epoi't bein<;' received, an anxious
council of wai' was held, and Colonel Harvey pio-
posetl a ni
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STONY CREEK.
71
Upon tlu' H('i<;lits. Mcanwiiilc, tlu' troops had crept
acroHS the plains. l^p(^ii i-rachin<;' the scent' oi" Lieut.
Crowther's ambuscade tlie men were lialted, and tlie
various posts of attack or vigilance assigned to tlie
different officei's.
Stealing from the ccjver, the enemy's advance })icl\-
ets were bayoneted in silence ere the challenge
liad well passed their lips, and deploying into line the
attacking force marched up the steep bank of the
valley to the very mouth of the cannon, every man
knowing that any moment they might roar forth
wholesale desti'uction down the ranks.
F'itz(iil)bon was one of the fii'st men to ivach the
.V nnmit of the bank, at the moment that the first
w^iioy of the American nnisketry roused the sleeping
•uuners, who, springing to their feet, fired the guns
just where they stood.
Heedless of the death-dealing shot, the 49th
charged, and carrying the guns at the point of the
bayonet, turned them upon the now Ayi^iK ^'^i^'niy-
'^riie camp was taken : whole regiments fired but once
and fied, leaving their dead to be buried by their
enemies. The two American generals, Chandler and
Winder, were captured by the British, together with
seven other officers and 1 l(j rank and file. The
retreat of the front ranks carried panic witli it to
the rear: the ships, instead of supporting the land
force, served only as a means of escape to the flying
soMiers, and one of the most brilliant victories of
the campaign was won by the British — a victory that
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A VETERAN OF \H]±
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THE "GREEN TKJERS.
73
iinpulHivc lie was prompt, and as l)rave as a lion.
'I'liou^ij a})i)ai-('ntly foolhai^ly, every man in tlie n'<;i-
ment knew that he knew what he was about, and
forj^ot notliin^."
Dui'in^tlie day, Fitz(iihl)on nwuh* up the company h
accounts and ti-ansl'erred tliem to another otfici'r;
selected his men from tlie several companies liimself ;
]Mirehas('d a sutiieient (piantity of I'ustiaii to make
shell-jackets, in order that he mi<^ht ))e a))le to show
fifty red-coats at one point and fifty ^'i-ey-coats at
another, and tln-ee cow-hells to be used as signals in
the woods, where the buj^de, whistle or even words of
command mi^ht serve only to betray tlieir where-
abouts to the enemy.
The 49th ha
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74
A VETERAN OF 1812.
ill that esprit de corps ho essential to the successful
career of soldier or regiment.
Witli Ensign Winder and forty-eight rank and
tile, he successfully interrupted the coinnninication
between Fort Erie and Fort George, then in the hands
of the enemy, and pursued and well-nigh captured
a marauding troop of licensed freebooters uirler a
Captain Chapin, whose warfare had been principally
directed against defenceless farms, his men burning
and destroying banis and farm produce, terrifying the
women and children, and making prisoners of the few
laborers they found in charge.
By dividing his company into three parties, and
sending them by different pathways and tracks
through the woods and ravines, FitzGibbon was able
to cover a larger area and give the impression that
he liad a greater number of men under his command
than had he kept them all together. A code of sig-
nals was arranged by which they could communicate
with each other, and, though separated, be able to act
in concert.
Each band must have had many tales to tell of
narrow escape and adventure during those days of
successful hunting of the enemy. Once when Fitz-
Gibbon and two of his men were crossing from one
rendezvous to another, they were nearly captured by
a party of ten or twelve Americans. It being iftipos-
sible to retreat unseen, they concealed themselves
under an overhanging bank of earth, from which a
luxuriant growth of wild vines formed a screen, and
A BOLD STRATAGEM.
75
waited. Listening" intently, FitzOibbon made si^ns
to hi.s men not to move, and, turning, crept cautiou.sly
alon^ close to the bank to where he knew there was
a deep hole or cave. A ^^'eat tree had fallen and
partially barred the entrance : resting his hands on
the trunk, he raised himseli' and dropped lightly on
the other side, not, however, without having caught
a momentary glimpse of the enemy. The path they
had followed had come to an abrupt end on the top
of the rise : they were evidently uncertain of their
locality and had halted to consider, undecided whether
to return by the way they had come or to break a
fresli track and advance. FitzGibbon crawled along
until he was within a few yards of below where they
stood. Pausing a moment to recover his breath, he
uttered a succession of Irish yells and Indian war
cries, which, reverberating from side to side of the
cave, startled and struck terror to the hearts of the
enemy above. Believing themselves surrounded by
ambushed Indians, they decided that there was but
one path and took it, not stopping to look behind
them. FitzGibbon returned to his men, and they
went their way without further encounter with the
enemy that day.
On the 21st, FitzGibbon, by a judicious disposal of
his men through the woods and destroying the bridge
over the Chippewa by removing the planks, had
Chapin's whole troop in a corner, and would have
captured tliem had not 150 infantry coming from
Fort Erie been entrapped at the same time, The
II
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76
A VETERAN OF 1S12.
coinbiiRMl force so far outininilH'rcd FitzOiblxjii's tluit
lie deemed it advis}i])le to draw ofi' liis men and let
the United States infantry escort their own cavalry
back to Fort Georo-c.
Later on the same > '■■"'
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HEAVER DAM.
79
(|uarterH, a choice whicli evinced an intimate iv the slightly
marked tracks, and took her a long .v.^ ound. Her
first stopping place was the mill on t' little stream
not far from St. David's. Her friends aere, a widow
and a lad, endeavored to dissuade her from attempt-
ing to reach FitzGibbon, and added much to the
terrors of the way by exaggerated descriptions of
the fierceness and cruelties of the Indians, who then
infested the woods. But Laura had set out with a
definite object, and she meant to accomplish it at all
risks. She knew the enemy was to march the next
day, and she must reach De Cou's, where FitzGibbon
was, before them. The last half of her journey was
even more trying than the first. She knew nothing
of the way ; there were so many paths and "blazed "
tracks through the woods, tliat she several times took
a wrong one. When almost despairing of reaching
her destination, she came to an opening in the forest
and at the same time encountered a party of the
dreaded Indians.
One, who appeared to be their chief, sprang to l;*.s
feet and accosted her. Terrified, she was at first un-
able to speak, but reassured by the obedience of the
others to a sign from their chief, she soon recovered
sufficiently to try and explain by signs that she
wished to be taken to FitzGibbon. Reiterating the
name and pointing to the knife in the chief's belt,
she at last made him understand that many " Big
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84
A VElERAN OP 181'2.
Knives"* were coining. With an expressive "U^h"
of satisfaction and intelligence, the Indian turned,
and led the way through the beaver meadows to
De Cou's.
" Thus," wrote FitzGibbon, " did a youn^, delicate
woman brave the terrors of the forest in a time of
such desultory warfare that the dangers were increased
tenfold, to do her duty to her country, and by timely
warning save much bloodshed and disaster,"*}*
* Michigans, " Big Knives," tlie Indian name for Americans.
t The following paper was signed by Fit/()!ibbon :
"I r. It is taken from the ori^'inal document,
now in the Canadian Archives.
AUtlCLES OK ('Ai'ITtTLAtlO>j.
m
" l^'irst. 'riiat Li«'Ut.-( 'oloiicl IJd'i-stlrj' uikI tlic I'oi-ct'
mull')' his ('()imiiaiif fhi' U. S. ,.}(j/if Arfillrnj.
" Acceded to.
" C. G. PxEliSTI.KK,
'' Jj'ieitl.-Colovrl comd)/ deiacltl U.S. Arnnf.
- B. W. I)K h'aukx,
" Major CdiKid'utn Rcyinicnt."
I'he nund)er captiii'ed were 25 officers and 51!)
non-connuissioned officers and mer.. of whom oO were
dragoons, including" ^^0 mounted militiamen: also one
1 'i-poundei*, (3ne (J-pounder, two ammunition cars, and
the colors of the 14th Remment United States arm \-.
The Indians killed and wounded 5(j men. (\jlonel
B(Hrstler was also wounded.
FitzGihbon's force consisted of 4(5 muskets, a cornet
of dra(;"<)ons, ant' ' .s own cool effrontery, his rein-
forcement a captain of the -''a^oons (Provincial),
a serii;eant, cornoi-al and 1*2 draii-oons — "the first of
our dragoons ever seen in that (juarter, and their
arrival had an excellent effect upon the neL»()tiations."
(Account sent at his request to the late Sir Augustus
d'Este.)
m
94
A VETERAN OF 1812
i :J
" Mis UovJil FliMincHs the Pi'ince Reoent was
<;Taci()iisly pleased to i)estovv a ciniipauy upon me for
tills service, and the wjnnnandei' of the forces, Sir
(jreor^*<^ Pn-vost, wrote with Ids own liand a letter of
thanks to nie for it." (fbid)
Lest we should he accused of too hi^-hlv colorino-
the account, which undoubtedly reads nioi-e like a
chapter in a novel than sohei- history, we <;ive an
account taken fi-oin an Anua'ican writer, who made
the best of it from a national point of view :
" After tiie disaster of Windei' and Chandler at
Forty Mile , Creek, Colonel Bon'stlei' was pushed for-
ward with six hundred men of all arms, dra<;oons,
artillery and infantry, to dislod^'e a strong" picket
posted in a stone house about two miles beyond a
hilly pass, called the Beaver J)am, seventeen miles
from Fort Ueor^'e.
'■ Arriving at the Beaver Dam, Colonel Bcprstler
was surprised by a lai'ge body of Indians under the
conduct of young Brant and Captain William J. Kerr,
numbering about 450 warriors. The battle was main-
tained for about three hours, the Indians, of course,
fighting after their own fashion, in concealment, hav-
ing apparently surrounded (V^lonel Brerstler in the
woods.
" Indeed the enemy must have conducted the battle
with considerable adroitness, for Colonel B(ierstler,
galled on all sides, dared neither advance nor retreat,
while the result of every observation was a conviction
that he was surrounded by far superior numbers.
OFFICIAL DESPATCHES.
95
" At l(*ii<;tli, Lieut. Fitz(Jil)l)()ii of tho 40tli (enemy's)
lle<^iTiieiit an-iviii<4" on the oi-omul witli i'oi-ty-six rank
and tile, sent a fla^ of truce to C(jlonel Hcerstler
(lemandiui;' a sui'rendei". After some pai'Ieyin^', the
Britisli lieuti'uant maiiiiifvino- the innnber of their
troops and pretendin<»" to couihict the ne^^'otiations in
the name of Major l)e Haren, not foro-ettin<;' a few
occasional su^"<;-estions touching* the horroi's of the
Indian massacre, Colonel BoM'stler, liavin^' neitlier
reserve to sustain him noi* demonstration to favor
liim, surrendei'ed his detachment as prisoners of war.
This battle occurred on the 24th of June, and was a
brilliant affair for younrstler
n.u'reed to surrender on the terms stated in the
articles of capitulation. On my return to mv men to
send an officer to superinten-ive a turn to the passing- circumstances wliich
mig'ht change their appearance more in liis favor than
the real facts would do. Otiier pi-oceedings were
afterwards resorted t(j to rob me entirely of what was
due to me on this occasion : but I decline to state
them fi-om tenderness to the memorv of the officers
conc<'rned, who ai'e long since dead. I was, howevei-,
afforded an opportunity soon after to plea <,
« Reaeli, '2'Avd Regt.
Lieut. Norr'i.H. Lt. Artillerv.
I. Shell, (ith Regt.
II Saunders. 14th Regt.
II Arnell, n
(Copy.)
Lieut.
Keiiiev. 14th Regt.
II
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n
Waring, n
1 1
.Mudd,
II
Murdoek, n
tl
(ioodwin, II
tl
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ft
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1 1
Randall, n
Cornel
t Bird, Dragoons.
Surgeon ^'()ung, Nth Regt.
d. Hakvky,
/J(piifi/ Adjiitont-ddnrnl.
Tlie liiKtory is not eoinpk'tc witliout a c()])y of
Lieut.-ColoMel BciTHtler's letter to (iJeiieral Dearborn,
the oi"ip came l)ack the following mornin<4'.
He allowed Fitz(iribbon to ai'j'an^'e the plan of attack,
to lead the advance, and to undertake to cover the
retreat should the main attack be frustrated.
At two o'clock on the moi-nin^" of the 11th, tlw
men end)arke(l. A thick mist lay over the watei-,
making" tlu' morninjj^ very dark. FitzCJibbon's men
were in tlie tii'st four boats. Owinjj^ to the darkness
and the stren^^th of the cui-rent, they weri' carried
fartln r down than their intended point of landing-
and had to ]iull up about a (lUJirter of a mile on the
enemy's side.
Although it was bi'oad daylij»'ht, the mist still huni;'
over the rivei' and its shores. Advancing at once, their
approach was soon discovered by the one luindred and
tifty militiamen occupyinjij one of the barracks, who
were under arms to receive them. Riohtly judging
that Colonel Bissho])p with the main body had been
carried farther down the stream, FitzCibbon had )*e-
AN INDIGNANT OFFICER.
109
course to liis old tactics to ^uin time, in order tliat
they might join him.
Leaving liis handful of men in the background,
trusting that tlie nature of tlie mist woukl magnify
tlieir inimber in the eyes of the enemy, lie advanced
with his bugler an.
Canadian side in eharoo of alxjut Imlt' liis ni<'n. Tlic
barracks and block-liouse, sufiicient to aeconniiodatc
tire thousand men, were bnrnod, and a schooner also
set on tire.
Had Colonel Hivshopp been content with such
measure of success, the enterprise had ended without
loss, but excited by the unex})ected result he I'efused
to listen to Fitztjibbon. He wished to carrv oft' four
liundred barrels of salt that were piled on the beach.
Fitz(}ibbon knew that the panic caused by his
bold words among the American militia would be
only temporary — the light of the burning buildings
would discover the small nundjer of the attacking
party, and unless they put the river speedily between
them and tiie enemy the result would be fatal.
PitzCjibbon never liked to speak of this, and in all
his brief accounts of the affair I can tind onlv the
following statement regarding this pai't of it :
"The details of what followed 1 am unwilling to
give, because it wouhl be imputing blame to others
and takin"; credit to myself. I will onlv add that we
I'emained longer than was needed, and were attacked
by a V)ody of militia and Indians. Alxmt half of our
own force haviniif beevi already^ sent back to our own
shore with the captured boats, the other half were
driven to their boats, leaving behind a captain and
fifteen men killed and wounded, and having twenty-
seven killed and wounded in our boats. Colonel
Bisshopp himself was wounded on shore and carried
to a boat. He received two wounds more in the l)oat,
of which he died five days after.
II
A GALLANT KESCUte.
Ill
" For IK) man fallen in battle did 1 : and waitiiiix
on the Niagara frontier.
" On my arrival here I found the troops in great
distress for necessaries, shirts, shoes and stockings.
Most of the 4()th are lite rail// naked,'' writes James
J. Fulton, A.D.C. to Sir George I^revost, on June 18th.
The italics are his. (Canadian Archives.)
Speaking of the 41st on duly 14th, (General I)(^
Rottenburg says : " "^I'liat I'egiment is in i-ags, and
without shoes." (Ibid.)
The letters of that date rcN'eal a history»of wer.i-i-
some marches and counter-mai'ches, unceasing vigi-
Il '
1 5
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114
A VEtERAN OF ISIJ.
lance, \(n\jj^ wjitelies, miserable worn-out camping'
iK.'CiiSsaries, \vlu;re there were any at all, and scai'city
ol' pi'ovisions ami ine done, unh'ss compelled by the
enemy, before our sick are sent oft'."
According to the i-ecoi*ds of the 41)th, that re<^iment
marclu'd for the F'cjrtv Mile (*reek on October 2nd,
embai'ked in bateaux for York on Octobei- 4th, and
re-embarke distinctly says that
he did not join the Glenjj^arry Fencibles, in which his
]iromot;on had ^iven him a company, until January,
1814. He remained with the 49th until that rep^i-
mont reached Montreal (m l)ecem})er l()th, and joined
the Fencibles at Kingston, wdiere they were (piartered
in January, 1814.
OSWE(iO.
119
CHAPTER VII.
i|!HE eainpaiii'n of 1}SI4 was Ix'^ni soon aftor the
'}^. opening of navigation. The fiist iinj)ortant
enj;-a^eiiH.'nt was the. attack n])o i ()sw(';^() on
May (ith, in wlneli tlic li^'lit companies of the (Jlcn-
;;arry ll(''i
\
130
A VETERAN OF 1812.
C}iiMp{ii<^n, as one " wliicli has Ikjoii marked })y a
series ol' nnlucky circuinstjuices, as well as, of latc\
by severe hardships and privations on the pai't of tlie
troop-!, who, I am m(jst happy in reportintj^, have borne
them with tlie utmost clieerfulness and have evinced
a detj^ree of steadiness and spirit hio-hly honorable
to them."
FitzOibbon was sent to Kin^-ston in Septemlier
with despatches from the cam]) before Fort Erie,
which resulted in Major- General Stovin beinj^; ordered
to Lieut.-General Drummond's support. In a letter
now among the papers buried in the Militia Depart-
ment at Ottawa, FitzGibbon is spoken of as being in
charge of a convoy with stores and necessaries for the
front. In another and later letter he is ad(h'essed
as " in command of the incorporated militia now on
the frontier at Niagara."
There are probably other letters among these buried
records in which FitzGibbon 's name occurs, but the
bundles being as yet unsorted, I was not allowed
further access to them.
FitzGibbon accompanied Mcijor-General Stovin
when he joined Drunnnond on September 17th. On
the 19th, the Americans attacked the batteries so
recently erected b}^ the British, " the fire from which
annoyed them much." (Despatch to Washington.)
The attack was malack Ci'eek. These advance posts were "fifty
men of the (Henoari'v Lii-ht InfantiN'." The remaindei"
of the reiiiment were stationed at Sti'eet's Grove.
(Canadian Ai'chives, C. ()S().)
" ( )n the evening' <>f the 13th, the eiiemv advanced
to Klack Creek, and haviiif^ effected the passa^'e of
that creek during the ni^ht, he continued his advance
as fai' as Street's (h'ove on the Following" morniiif^,
the (den^airiy Lii;ht Infantry retirin Britisli ])ein^ stronp'r
tlian they had antici])ated, as well as the; rumored
a])proach of the IJritish fleet on the lake, were th(5
pi'ohable causes r ,'■
'!
136
A VETERAN OF 1812.
i
from Cook's Mills, and so well had the (Hcni^arrv
Ke^iiiu'iit " felt tlieiM " that they retreated in haste to
the sheltei* of the
140
A VETERAN OF 1812.
II
.strength and .sound health, hi.s creed was C(jniprised in
the brief maxim, " Trust in God and do ^ood to your
neighbor." Full of gratitude himself, he had faith in
the gratitude of others. Knowing that tlie country
owed him nuich, he nevei' doubted that sooner or
later the debt would })e pai" W
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ASSISTANT ADJ UTANT-GENEUAL.
141
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He lived at tliis tiinc in a wliitc house within tiie
precinets of the f(jrt, a lioiise whieli 1 helie\'e at one
time formed pait of tlie hari'acks. Jt has often been
pointed out to me, as a child, as the housi' in which his
eldest son was boi'ii. Jt is still standinji".
In LSI!), findiuii" the small salai'v from the otHce h(»
held insufficient to support a family, he I'esio-ned it
an'i.i.ice.
In 1820, he was a[)pointed one of the Justices of
the Peace in the Home J)istiMct. His name appears
fre(|Uently in the records of the (^hiarter Sessions
durino" the succeedini"- veai's.
In 1
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A VETERAN OF \S\±
in t\\v hour of ti'oii})k', tlio stoiy is told, and tliou^li,
as 1 have said in a former pao-e, tliere is no wi'ittcn
rocord of it anion^' liis papers, it is one.tliat is ji^ener-
ally believed anions- the fraternity, vvlio possibly have
traditional data for it, and tliere is no reason wliy it
slionld not Ije ti'Ue. It is to tlie effect that on the
day of th(^ sui'i'ender at Beaver Dam, FitzCJibbon
diseovered that two of tlie \v,ijrican officers, Lieut.-
C^olonel B(erstler and ])r. Youn^', were members of a
Masonic Lodtife in IS'ew Yoi'k city, and i'ov the sal is
attested by the I'ollowing letter of reconniiendation :
{ Official Seal 1
\ At Arms, j
" By Sir Pere(,mne Maitland, K.C.B., Lieut.-Gover-
nor of the Province of Upper Canada, Major-General
commanding His Majesty's forces therein, etc., etc.
" To all whiytn. it nutt/ concern.
" Greeting : I do liereby certify that James Fitz-
Gibbon, Es(|., a captain on half pay, a magistrate in
this province and a lieut.-colonel of militia, is a
PHKSKNTATION OF (.'OLORK.
147
ruitlirul scrvjiiit of His Mjijcsty, jiikI of irrrjji'ojicli-
uhlc clijiractci*.
"(iivcM uinlci' my liaiid and olllcial seal at, York, in
Upper (-anada this twcll'tli day of Drccinlu'i', in tlic
year oF ;;'rac(M te thousand ci^^lit lumdj-cd and twenty-
one, and of Mis Majesty's rei<;n tlie second.
" Hy His Kxcellency's eomniand,
"(J. HlIJJEH.
V. Maitland."
On April 2:}ri single instaiici* of riotous lu'liaviour Imd
(jccuiTL'd ill that district since his visio in 1«S28.
In 1(S2(), riots broke out in the tinvnsliip of Peter-
))or(jii«;'li, anion;^ the Irish settlements thei'<;, and Fitz-
(iibljon was sent to keep tlie peace ai.d restore order.
A^ain was tlie service accomphslied witliout other
force tlian his personal inthience and individual etf'oi'ts.
An incident occurred in 1(S()(), in Toionto, which
illustrate's his wonderful knowl(Ml(ro of and power
over his countrymen's childlike nature, and the last-
ing impression his efFoi^is made upon their mind and
memoiy. Fitz(iil)boii's dau<^hter-in-law, a widow,
then livin*^ in a little cotta<^e on Dundas Road, aliiKxst
opposite the arti<'s and of all counti'ies, now
I'ecommend to oui" countiymeii to practise foi'))eai'-
ance and to cidtivate i)eace ami g(jod-will towards
(^ach otiiei'.
" Without the ])ractice of this foibearance, and the
cultivation of this peace and j^ood-will, shall we ven-
ture to call oui'selves (Mnistians :* No, my fi'iends,
let UH not (hiCeive ourseKes, but rather h^t us Innnble
oui"S('lv(!H before God and pray — fervently ])i'ay— for
His ^ood o^i-ace to nrjiidc us in these times of incr(;as-
in^ knowled]
!
mmm
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A VETERAN OF IH12.
s
I
y *:
:i i
boi* as yourself. And that you nuiy well understniid
wlio your iioi<^ld)or is, I I't^juost you to read the
woi'ds of our Sav our hiirisell', as wi'itten in th(; tentli
cha)»ter of St. Luke, be<^iiuiin<;- witli tlie twenty-
fitth vei'S(! and endino- with the tliirtv-seventh, any
shall ))<; sent hut to an Irishnuin : and I i)ai-ticulai-lv^
iHMjuest that it niay Ix' cii'CMilate*! aiiion^" those only
i'or whom it is intended.
"Let your decision he what it may, I shall ever
desire to he the true iViend of every fellow-country-
man, or, in otlu^r words, the fi-iend oi all such as I
feel you must wish to he — woi'thy Irishmen.
"James FrrzdiiujoN."
[extracts.]
" ORANCiE Processions.
"Mr. Hrovvnlow. in iisin . no had ^iven notice, said Ik; was
hap))y to hiHi^ this suhjecit under the considei-ation
ol' the House. He was an.xious that the attention of
this House should he drawn to tin; \niha])|»y state of
that country in this age of im])i-ovement of commerce,
laws, government and trade.
"In the year J 825, the magisti'atcvs in tin.' neigh hor-
hood of Lishurn were called on, at the instance of tin;
li'ish Govermnent, to meet at liisbuin. to takth beiiinnintr to
see the ])()licy of disconntenancing these lanientahle
(hvisions, and though occasions might occur again for
popular excitement, j'et, generally speaking, it was
his opinion that before long it would subside, if it
were not kept alive by vindictive recollections. These
were disputes the memories of which ought to be
buried.
" Sir John Newport said he had lived to witness
manv thinijfs connectossible. Irritation must follow insult, and those
m
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A VETERAN OF 1S12.
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whose duty it was to extinguish provocation wore
responsible for the consequences.
" Mr. S(!cretary Peel, after making several observa-
tions, said tliat foi* liiniself, Ijcin*:; known to entertain
stron*;' opinions upon the Catholic ([ucstion, he could
only say that he had never heard a sentiment of dis-
ajipi-obation expressed, even by tlie warmest advocates
of the (juestion, with rL'S})ect to the impropriety of
Orange associations in wliich lie did not most heartily
concur. It was his warmest wiwh that they were at
an end : and so far as that « Inscription of associations
was c^-.^.
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contents oi' the room left in a state ol" disorder and
confusion. Mackenzie was absent at tlie time, liavin^
withdrawn to tli<' otlier side of tlie line pending;-
an aiTan^ement with his creditors. The raid was
perpetrated hy a nund)L'r of the yonno- men, who,
objecting- to the utterances of the Advocate as disloyal
and abusive, took the ))unishnient of its editor and
the destruction of the otien"et it out of
those of otlnn-s. It was but another of tlui character-
istics of his nature. He could condemn the act, and
actually sit in judgmt^nt upon it, but through his
knowledge of human nature and youth, as well as
his entliusiastic loyalty to the Crown, could condone
the offence, owing to its cause of the provocation.
Mr. Dent, in his "History of the Rebcdlion in l.S.']7,"
A StTHSCRIPTION LIST.
IHI
is incorrect in saying that " FitzGibljon sympathized
strongly witli the boys, and regretted tlie result of
the trial, and retjfarded them as martv^rs. "
He did nothing of tlie kind. The boys wei'(.' justly
])nnished, as all breakei's of the peace and destroyers
of otliei- pe(jple's projK'i'ty should be, but the disloyal
utterances of the Radicals pi-ovoked it, and it was but
an instance, a [)ractical illustration, of young blood
being carried away by enthusiastic loyalty, which in
later and calinei" pulses made men staunch upholders
of the British tlu'one.
FitzGibbon volunteered to canvass the town for
subsci'iptions towards discharging the fine. He suc-
ceeded in collecting the amount, but the names of the
contributors never transpired. The list was burnt
the njoment it had served its pui'))ose. The Radicals,
hearing something of it, endeavort^d to make capital
of it, and rumors were set afloat hinting at the heads
oF several dei)artments of the (ioverinnent as contri-
l)utors, and sneering at the justice in which the judges
levied a fine and then contributed to pay it. C^ollins
went so far as to assert that Sir Peregrine Maitland's
name headed the list opposite a large contribution.
FitzGibbon had been wise if he had taken no notice
of this, but he was an Irishman and could not resist
the temptation. In a letter published in the Freeman
over his own signature, he distinctly declared Collins'
assertion to be wholly untrue so far as the Lieut-
Governor was concerned. When ( *ollins was arraigned
for libel before Judge Willis, in his address to the
iWII
M
I) I
i
I(i2
A VETERAN OF l8l:i.
bencli he accused FitzGibbon of " begging the amount
from dooi' to door."
On May 4th, 1827, FitzGibbon succeeded Grant
Powell as (Herk of the House of Assembly, being
appointed to that office by Sir Peregrine Maitland,
and on Sei)tendjer 8th, 1828, Registrar of the Court
of Probate of Upper Canada,
The salaries from these offices were small. The
accumulation of debt and the recjuirements of his
family made it almost an impossibility to confine his
expenditure within the limit of such narrow means-
The sale of his connnission in the army in 1820 had
relieved him temporarily from his embarrassments :
but FitzGibbon was one who, holding a p\d)lic position,
lived, to a certain extent, according to it, and not
according to the disproportionate salary belonging to
it. His corres})ondence was extensive. His popularity
and well-known willingness to help his neighbor
without fee or reward, brought many outside duties
and responsibilities. His friendship for Sir Isaac
Brock's family, and the undying gratitude he felt for
his memory, for kindness which no after services of his
to any one of his beloved colonel's family could ever
repay, brought him the trouble and expense of trustee-
ship, executorship, etc., the postage alone such offices
entailed being a considerable item of expenditure.
Among his papers are many letters acknowledging
these efforts, and his generous assistance in managing
their business matters.
In 1831, we find FitzGibbon 's connnission as Colonel
WILLIAM LVON MACKENZIE.
16:i
of the 2nd West York Regiment of Militia, ante-
dated January 2nd, 1826, and redated March 19th
1831.
Party spirit in the Canadas, and particularly in
the Upper Province, ran very liigh at this period.
William Lyon Mackenzie, the talented leader of the
party whose radical opposition to the Family Com-
pact and its supporters terminated later in open
rebellion, was the publisher and proprietor of the
most outspoken radical organ. He was a member
of the House, and had spoken forcibly against acts
which he considered abuse of the executive power
placed in the hands of the Government by the people.
Since the days of " I, Peter Russell, grant to you,
Peter Russell " notoriety, members of the House had
obtained grants of Crow^i lands, over which the
Executive and not the Legislature held control, to the
extent of from five hundred to two thousand acres
each, on simply paying the fees exacted by the
officials.* This was one of the grievances against
which Mackenzie spoke. The grants were perfectly
legal, but it w^as against them as a system which
permitted of abuse that he strove. Although Mac-
r--
r ■:
i vll'i
* (Jrants of Ianber of Parliament,"
shouted Mackenzie.
He little knew the man he had to deal with.
Instead of replying, FitzGibi. ... proceeded to put his
threat into execut' ^ ai.- was actually dragging the
•'■^.li-
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^i I,
n^ ::■:■
168
A VETKKAN OF ISI-J.
;ii|i
future rebel to the gcaol wlicm two of his friends, also
members of Parliament, a))j)eare(l.
A])|)ealino- to them, Fitz(Ji])bon Ijeo-^ed they would
tak(i care of Maeken/ie, as he had no wish to impi'ison
him: if they eould persuade him to retire, he ( Fitz-
(Jibbon) woidd pioteet them whih' (hjino- so. 1'hen
turniuf]^ to the crowd he ealled out, " ^Ii*. Mackenzie
calls upon me to oi'der out th(^ troops, but T will not
insult you by C(jm])lyin<;- with his demand. I will
rather call upon you, and you, and you " (indicating
individuals in the crowd), " and will find o^ood men
(,'nou]»('r ('Miuida,
^^•allopLMl 11)) and, ali<;-litin(^, desired Fit/( Jihhon to
mount and ^"o at onee to Govermnent House, wlu'i'e
tlie Litnit.-Governoi' wisli('(l to sec liini. I'^itzl liMion
ohevcd and lound Sir .lolm (\)li)orne anxiouslv
awaitinii' liini. Tlie two nicinlM'j-s, Messi's. Maelntosli
and Ketcluun, had just applied to liini to order out
tlie troops to keep the peace duiMn<;' the ni;j,ht, l)ut
before C()ni])lyin»;' witli tlie i-e(|uest tlie Oovei'uor
had sent foi* Kit/(Ji])hon to learn if the ti'oops wei'e
necessary.
"I prav of your Excellency," replied p^itzfjlihhon,
" to do nothin»er hi in the House, for, not caiing
much to join my companions in their <:^ames, I used
to find my way there.
" The Lef^'islative Assembly then held its sittinnfs in
the old buildin(( opposite the market-place on Kin^*
Street. I was particularly struck with the Clerk, a
tall man, straio-ht, upri<;ht, and decidedly military in
his carriage, his clear incisive voice and prompt per-
formance of his duties. I fre(piently met him on the
way to the House, at the corner where St. x^ndrew's
Church now stands, his hei^'ht and soldierly appear-
ance, as well as an eccentric habit he had of carrying
his tall hat on the end of his cane, sli<;htly above his
head, instead of wearino- it, that the air might circu-
late freely about his head, attracting my attention.
His hair was always cut as closely as possible, a
fashion more noticeable then than it would be now.
" In 1832, when the cholera was raging in Toronto
— (it was bad in '34, but nothing to what it was in
'32) — FitzGibbon w^as the prominent man. It was he
who arranged and organized every plan for the care
and comfort of the sick, and the decent burial of the
dead. He was here, there and everywhere. He was
in
TORONTO IN \s:\±
171
afraid of nothing, whctluT in tliu ivnioval of tlie sick
to the hospital or in convoying tho dead to the grave.
I reniend)er seeing him once with two carts close to
the college, one for the dead, the othei* for tlie re:.s with confidence the men
he led or the sick ne iCcored. Many a terrified
soul went home to its rt in the hope of mercy and
forgiveness breathed into the ears of the dying body
by the faithful soldier.
FitzGibbon's printed address to the Orangemen in
1820 had helped to induce them to desist from their
processions in the public streets. For eight years
none of the lodges in Toronto had held any such
demonstration. In 1884, however, some recent arrivals
from Ireland persuaded them to turn out again. Fitz-
Gibbon anticipated the result, and took precautions
to lessen the evil, although he could not prevent it
altogether.
Early on the morning of the 12th, he called upon
Sir John Colborne, Lieut.-Governor of Upper Canada,
and communicated his fears to him, and the means he
had employed to endeavor to pi*event their being
realized, reiterating his desire that every effort might
be made for peace without the intervention of the
military,
FitzGibbon speaks of the riot which occurred as
much more serious than that of 1882, and one that
required much greater effort on his part to succeed
in quelling, although he was ably assisted by several
of the magistrates. His greatest satisfaction appears
, t!l
I r'ii
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IMi
174
A VETERAN OF 1812.
to have been in the fact that the riot was ended and
quiet restored without havingr to call out the troops.
It was duriiio; tliese vears that Mrs. Jamieson, the
autlioress, was in Canada, and became one of Fitz-
Gibbon's most intimate friends. Mr. Jamieson suc-
ceeded J. H. Boulton as Attorney-Cjreneral, and thoufrh
unfitted for the ])ost at such a critical period in
the aftairs of the colony, was not very fairly treated
by the Government which placed him in that position.
Mrs. Jamieson's reminiscences of Canada in her
" Winter Studies," contain several anecdotes of Fitz-
Gibbon and lier interest in " the simple-minded, gener-
ous, brave, capable, as well as remarkable man."
FitzGib])on's ordv dau^'hter and eldest child was
often with the authoress, who was wont to say of
her that " she was one of the most truly ladylike and
aristocratic women she had met in Canada."
FitzGibbon had seventeen children born to him, but
only his daughter and four elder sons lived to grow
up. Of their childhood and the companionship of
their father, many pages might be written.
Knowing the value and advantages of education,
he not only availed himself of every opportunity of
obtaining it for them from outside sources, but
endeavored, by entering into their studies, to make
them practical and entertaining. In his life-book the
definition of a gentleman was, " one who would not
hurt another's feelings by word or deed, but was ever
ready to lend a courteous hand to help in time of
need." His manner was as courteous and kind to the
A RACE TO COLLEGE.
175
humblest as to tlie highest among his ac({iiaintances.
A story told of him, or rather a remark made by one
of his greatest admirers, a canny Scot, to whom he
owed money, goes to show how this pleasant manner
often stood his friend :
" Ay, a}^, the Colonel is a fine mon ; he'll aye shakit
ye verra kindly by the hau', but na word aboot the
pay."
FitzOibbon lived at this date (18.31 to 1840) in a
two-storied ron(»;li-east lujiise at the south-west cor-
ner of what is now Queen Street and S[)adina Avenue.
The house stood a Imndred feet, more or less, back
from the road. Four large willows* grew by the
edge of the roadway before it. The usual route fol-
lowed by the colonel to his office, and the boys to
college, was along the shore of the ba3\
Upon the morning the new buildings of the college
were opened, the boys were in great 1 ^ste to set out.
Their father walked with them. Some of their school-
mates, many of whose names are first on the list of
" old boys " of Upper Canada College, lived in the
opposite direction, east of the college, their route
also being along tlie shore on the space between Front
Street and the lake, known afterwards as the Esplan-
ade. Each party catching siglit of the other at the
same moment, when about e(|uidistant from the col-
lege, the same idea seemed to occur to both.
"Run, boys," cried the colonel, "and we'll beat
* These willows have been taken down since 1 870.
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A VETEHAN OF |Sli>.
I
tlioui." A racu ensued, the di^Tiiiied Clerk of the
House racinu" ciloiiii' with tlie boys as keeiilv interested
in tile result as tliev were, and nu whit behind theni
in speed.
" And we won, too. We i^ot in first, tlujuti-h bv
little more than a neck, ' savs one of the bovs : " and
my fatlier was prouder of that half-dozen steps than
if we had beaten by a d(jzen yards."
In 18-S2 or 18liS, a woman had a small house or
shanty built in the rear of the college in McDonnell's
field. The house was not more than fifteen feet scjuare.
In this she kept a tiny shop or stall for the sale of
apples, sugar-sticks and other such school-boy de-
lights, finding her principal customers in the college.
Every one of the boys knew the old dame. She was
often teased and chaffed by the " j'Oung gentlemen,"
all of which she took in good part, resenting only
what she designated as " fine airs."
One day, one of the FitzGibbons apparently
offended her in this wa}^ She retaliated by the
taunt that " their fatlier was not a gentleman, he
having risen from the ranks and was only a common
soldier."
Furious with indignation, the boy ran to his father
to deny it. Amused, yet knowing the old woman
must have had some provocation, FitzGibbon (jues-
tioned the boy, and learned that he had really been
rude and overbearing. On reaching the college the
next morning he took the boy to the old woman's stall.
" Good morning, Mrs. , I have brought my
TORONTO S FIRST MAYOR.
177
lad with 1110 to apologize for liis ruduness to you
yesterday, that you may believe his father is a >,:(•'■ U'
I
m '
178
A VETERAN OF 1812.
tax, and roused such popular indignation that a meet-
ing was called to enable the corporation to explain
the necessity, and give nn account of the city debt
and required expenditure.
The meeting was a stormy one, an ' ;
1
.; 1 ■
lad of sixteen, whose ready wit and brilliant sallies
were the life of his school-mates, .^nd whose abilities
promised future success at the Bar, the profession to
which he had been early destined by his father.
FitzGibb )n's ^mef and horror were great. The bo}^
lived only a few hours, but in such agony that the
bereaved father was grateful to see the bright eyes
close in death and the agonized liml)s at rest.
In I8;i5, Fitzljribbon's eldest son, Charles, left home
for the first time. He had studied for the Bar and
passed his examination, but a visit to Dublin, where
FitzGibbon's father and brothers were then residing,
and an offer of a post in an uncle's business there,
seemed to promise more speedy returns tlian the
practice of the law in Canada.
The following letter was written upon receipt of
the tidings of his son's change of plans:
A
t ! ;!
I
the
who
iw it
•iff's
and
the
and
thers'
uded
lising
" ^\ Dear Charles,— I have but a short time to
connnit to paper a few items of advice for your future
guidance. Attention to some of these has helped me
much to conquer the many difficulties which ever
beset the path of him wl\o has to ascend by his own
unaided exertions.
" Spare no pains to acquire a thorough knowledge
of the business in your uncle's establishment, and con-
duct his affairs as much as you possibly can exactly
us you think he wishes to have them conducted.
Remember that in proportion as you succeed, you will
lighten the burderi of his cares and anxieties, and
increase his kindness and affection towards you.
" Comport yourself towards your aunt with affec-
'l
n:f
iij
■i'A
1 :::t!
ii\m
! i
i
:•' ill II
t
180
A VETERAN OF 1812.
tionate deforence, even to the minutest nttentions,
and to the cliildi'eu be affectionate and ls.ind : and be
the same to the Martins" [otlier cousins]. 'Confine
yourseir to tlie circle of ac(iuaintances to wliicli your
uncle will introduce you, and studiously decline every
other. For, be assured that it is inconijjatible with
due attention to your busi;u!ss to cultivate society at
all while in the early part of your progress,
" Ai^ainst sniokiiiii" and .i^-ainst drinkin(j I need
not, and against any other vice, I almost flatter my-
self, I need not warn you. Hut the passions re(|uire
to be ^"uarded af^ainst with great diligence. I there-
fore reconnnend you to figlit the battle against them,
one and all, at first and in the outset. To keep the
high and happy ground of innocence is much more
easv than to return to it, if once vou take a down-
ward step. I wish I coidd convey to your mind a
part of the impression made on mine by the many
melancholy examples I have seen in the army, of
young men who could not abstain from Avhat they
called pleasure, but which soon brought them to dis-
ap})ointment, misery and a wretched end. Every
temptation you successfully resist will strengthen
your moral courage, and you will soon find yourself
to be of too much value to your parents, to your
i-elatives and to yourself, to become an unworthy
and degraded being. Be assured that the Almighty
will guide you from usefulness to eminence and hap-
piness, if you carefully and devoutly turn to Him for
help and support.
" Attend punctually to the duties of your Church,
not for form's sake, or for the approbation of the
world, though this is well worth having, — but for
strength from above to enable you to resist tempta-
tion and to do good. Your good example has already
Til
^.
DISTLTKIiANCES NKAll COllNWALL.
ISl
ley
•y
311
Ul"
ftHy
ity
ap-
i'or
rch,
the
for
|p+a-
iadv
iKilped to improve your youn*!^er brothers, and the
continuance of it will still ensure our o-ratitude to
you: but especially for your niothei's and Mary's
sake an
! :
sary danger, FitzGibbou at lirst iv fused, l)iit the lad.s
were 80 anxious and so coutideut no harm would
happen them, tliat lie at lenj^th consented and returned
to the city without tlu^m. He had not ridden many
yards before he met Mr. Powell, one of the city akler-
men, and Mr. McDonald, the whMi'Hn<;"er, also riding-
out to learn what truth there was in the I'umors of
I'ebels nnisterinroached him bitterly for his disobedience. But
the soldier scoffed at the report. The sheriff was no
fool ; the pickets had been well posted, and directions
for their guidance too carefully given for such a re-
sult; and though Sir Francis' wrath was somewhat
apjieased by the arrival of a second rumor that the
picket h}? \ escaped, FitzCHbbon was as incredulous
of it as of the first. When, a short time after, Mr.
Cameron came from the sherifi' to report to the Gov-
ernor that the enemy had approached the picket, been
fired upon and fled, leaving sevei'al of their men dead
upon the road. Sir Francis acknowledged, Iv desisting
from his reproaches, that FitzGibbon had acted ad-
visedly.
A few minutes later, an anonymous letter was
handed to Sir Francis, warning him that the rebels
intended to come in before dav and set fire to the
city in several places simultaneously, in the hope of
distracting its defenders or driving them from their
positions, especially their stand at the City Hall,
whei-e the arms and annnunition were stored.
It was ascertained the following day that the party
,ncis,
Sir
than
ht to
been
ibbon
. But
ras no
ctions
a re-
ewhat
at tht'
dulous
,er, Mr.
e Gov-
t, been
n dead
sistin^-
ed ad-
AN IMPRUDENT ORDER.
217
driven back by Sheriff Jarvis' picket had been de-
spatched by the rebel leader for this purpose.
Alarmed by this letter for the safety of the spare
arms, Sir Francis gave orders that they should be
removed to the Parliament Buildings, which, being
isolated, were less accessible to an incendiary. There
were no wagons or other means of transport avail-
!d)le. It was midnight, cold and dark, the roads
were bad, and the men weary from watching and
excitement,
FitzGibbon knew that if Sir Francis Head's plan
of ordering the men to leave their loaded weapons at
their posts, shoulder half-a-dozen of the spare un-
loaded arms and convey them to the Parliament
House, was carried out, nothing but confusion and
probable disaster would be the result. Uncertain of
the loyalty of many of the men armed to defend the
city, if opportunity arose of helping the rebels ; cer-
tain that they were surrounded by spies and sym-
pathizers who would advise their friends of any
such proceedings, FitzGibbon opposed the Lieut.-
Governor by every argument and persuasion he could
til ink of or advance.
Sir Francis persisted, and remembering how re-
ct'iitly his orders had been openly disobeyed, he
ap])eared the more obstinately determined that this
one should be executed. FitzGibbon was in despair.
He continued to remonstrate, assuring Sir Francis
that if he would allow the arms to remain where
they were till daylight, he would himself undertake
«(ii.,
1
218
A VETERAN OF 1812.
! ! i
to place reliable men in positions that would enable
them to keep the rebels at such a distance as would
ensure their safety, for he apprehended the very worst
results from such a movement as Sir Francis ordered
being made in the dark.
Fortunately at this moment a shout from the street
announced the arrival of Col. Macnab, with upwards
of sixty men, from Hamilton. Turning to the Lieut. -
Governor, FitzGibbon said: "Now, sir, we are safe
till morning, for with this reinforcement you can
guard every approach to any distance from which we
can be injured." Sir Francis yielded, although Fitz-
Gibbon had seized upon the arrival more as an argu-
ment by which he might gain his point, than because
he thought the additional number made any appre-
ciable difference in their security froin the fire-brands
of the rebels.
The remainder of the night passed without dis-
turbance, and on the following day the arms were
transferred to the Parliament Buildings.
During the day (Wednesday) volunteers and militia
came in from Hamilton and Niagara by water, and
from the country by the eastern and western roads.
The city was socn crowded. There was not a sufficient
commissariat for the moment, supplies were not con-
veniently available, the householders had to hide
away their provisions to ensure a bare subsistence for
themselves, and the danger of a famine was more to
be dreaded than any attack from the rebels. It be-
came an imperative necessity to attack them, to defeat
fiTHT^'i r
able
oul\
i
1^
[y days
dm in
* Lord Melbourne's speech in the British House of Commons, on
Sir Francis and the Rebellion,
224
A VETERAN OF 1812.
might be the tcrma of Huch ca suiTondor, FitzGibbon
sliook liHii'ls with Colonel M.'icna)), and hurried away
to do what he thou<^'l»t liaer li)th, 1837. See Appendix VII.)
t Although this statement was written on April 17th, and placeil
in Sir (leorge Arthur's hands to be transmitted to Lord Olenelg,
FitzGibbon was persuaded by his friends to withdraw it; but upon
reading a further production of Sir Francis' pen {)ul)lished in May,
FitzGibbon could no longer withhold his letter. A copy of the
original will be found in Appendix VIII.
Ill
IS I
■i
ill! ¥
228
A VETERAN OF 1812.
FitzClibbon always (1o[)1oi-(m1 tliis act. It was not
only iiniiecc'ssary, ])ut imjxjlitic and petty. Had tlic
order been given liiiii in pi'ivate, or before a limited
number, as other of Sir Francis' connuands had been,
FitzGibbon would have taken the responsibility of
disobeying it, as he had done before. But an order
given by a connnander-in-chief to his second in com-
mand, in the hearing of a number of subordinate
officers, and in the presence of the men, has no alter-
native : it must be obeyed, however r^ductantly.
The deed was done, the rebel Gibson's house razed
to the ground, and FitzGibbon returned with tin;
detachment to town. Disnn'ssing the men, and ascer-
taining that the guard at the Buildings had been
relievx'd, he turned his steps to his own house. He
w^as weary, mentally as well as physically. 'Hie rest-
less excitement and anxiety of the past few days, the
want of sleep, the iiritation and annoyance caused by
the Lieut. -Governor's behavior, the heart-sick disgust
he felt at having been forced to do a deed his very soul
abhorred — one that seemed to him unchristian and
beneath the diginty of a true British soldier — and the
long hours in tlie saddle unheeded during the excite-
ment, told upon him now" that the need for action
was past. By the time lie reached his own door, late
on that winter evening, he was unable to dismount
without assistance.
So bitterly did he feel the treatment he had re-
ceived at the liands of the Lieut. -Governor, that on
the following morning, finding himself unable to rise
RESIGNS OFFICE.
229
from his bed, he sent a verbal message to Sir Francis,
resigning the recently bestowed appointment as
Adjutant-General. The blow had fallen, the rebel-
lion he had so persistently and in the face of opposi-
tion and ridicule prophesied, had broken out, but,
owing to his foreknowledge, energy and determina-
tion, had not succeeded. The country was now
thoroughly roused to a sense of the reality of the
I'ebellion, there were men willinf;: and anxious to
defend their homes and prove theii* loyalty to the
British Crown, and his services were no longer indis-
pensable or necessary.
" I could not," he writes, *' serve the Province ad-
vantageously to its interests under the innnediate
command of such a man as His Excellency, anu I felt
constrained to resign an office in the Pro\ incial ser-
vice which, above all others, I desired to hold. Its
l)ly to tlie Provincial
(jrovernnient foi' a ;^iant of one aci'e of land within
the city limits, and that ste))S should he taken to
place subscription lists in the banks and other houses
of public busiiujss in oi'dci* to raise funds to defray
the cost of huildino- a suitable house for the man to
whose exertions and forethouark into the country to the west of
London.
Returning to his lodgings some time after four, he
was sur])rised to find his call had heen returned at
two o'clock. Sir Augustus d'Kste, not finding him
in, had left a note expressing his disappointment,
and a hope that he should he more fortunate the
following day at the same hour, when he meant to do
himself the pleasure of calling again.
From the first hour of their meeting until his
death, Sir Augustus d'Este was one of FitzCiibbon's
best and most valued friends. He helped him with
interest, with valuable introductions, and, above all,
with a devoted love and admiration that foun of the prepar-
ations by the event, he could iKjt go with him. It
was all done by surprise. There were other individuals
who deserved reward as well as Colonel Fitzdiilibon
He thought £1,000 (juite sufficient a reward for the
services performed. Several other persons distin-
guished themselves in 1887, and they were not to get
anything.
" The Speaker (Colonel Macnab) did not think it
was generous to make enquiries as to th(^ services
rendered. A grant was made at a time when Ids ser-
vices were fresh in the memory of every member.
They addressed the Government to give him 5,000
acres of land, and he was deeply grateful for the con-
sideration which this House laid on him : and what
did the}^ do ? They made good their pledge by pass-
ing an Act of Parliament, and it passed unanimously
in both Houses. To that bill the Queen's assent was
withheld ; but they were told they could make good
their pledge by an appropriation from the casual and
territorial revenue. Have they got that sum in the
casual and territorial revenue ? You may grant it.
You pledged yourselves, and you cannot retrace your
steps without disgracing yourselves. It would be
unjust to hold up this hope, and then cut it off. They
might give the 5,000 acres, or give a sum of money.
In the last American war he served his country faith-
fully. In the late rebellion he commanded the militia
and he (the Speaker) served under him, and he was
active and zealous.
" Mr. Rykert said the House was pledged, and he
would support the resolution.
M"?! fi<
LORD SEATONS LETTEl?.
247
" Mr. Gowan had no objection to tho £1,000, as the
House was pledged. He moved that £1 ,000 be ^q-anted
to Colonel FitzGibbon in order to compensate him
for his meritorious services.
"Mr. Cook thought he was deserving, but pU'nty of
land could be had at five shillings an acre.
"Mr. Kearnes moved the House to rise, report pro-
gress, and ask leave to sit again.
"Mr. Backus said the casual and territorial revenue
was not yet surrendered ; he hoped some connnuni-
cation would be laid before the House u])on that
subject. He was for granting tlie land.
" Mr. Thomson said they should be careful bow
tliey granted money out of the ordinary revenue of
the Province.
" Mr. Merritt said it was nonsense to argue about
the price of U. E. rights. Some land was worth two
dollars an acre.
" Mr. Rykert said they should not retract their
vote ; they should give a sum equivalent to the land.
" Committee rose, reported progress, etc., etc."
This debate called forth a further storm of rage
and indignation from the Reform press. Part of the
editorial columns of the paper from which the above
is taken contained, as has been stated, the most viru-
lent abuse of the " gallant colonel."
Lord Seaton interested himself in FitzGibbon's
behalf, and wrote to Lord John Russell on the sub-
ject. In the following letter to FitzGibbon he en-
closed the reply he had received :
" I acquainted Lord John Russell that I presumed
lie had received a report of your conduct at the time
il I
t
Ik
l\ \
.1 Mi'
ill
'
I
248
A VETERAN OF 1812.
of JVIackenzie's menaced attack on Toronto : that you
had constantly exercised your influence over your
countrymen settled in Canada, with ^reat advan-
tage to the public, and that the local autliorities had
made use of your influence in times of difliculty and
dant^er.
" 1 regret that my application has not produced a
more satisfactory result, but I shall have ^reat plea-
sure in being able to render you any assistance in my
power.
"I remain, very faithfully yours,
" Seatox."
The letter enclosed was but a repetition of the
former refusal of the Colonial Secretary to allow the
alienation of public lands.
During Lord Sydenham's administration nothing
was done. The union of tlie two provinces absorbed
the attention of the Legislature and the Governor to
the exclusion of private questions, and though Fitz-
Gibbon in a private letter, thanking him for the ofl'er
of an appointment for his son in Quebec, drew His
Excellency's attention to his case, he felt how small a
matter his embarrassments were in comparison with
the larger interests of the Province, and made no
further effort to obtain redress.
FitzGibbon's eldest son had given up the business
post he held in Dublin, and returned to practise at
the bar in Toronto, bringing with him a cousin who
had recently been left an orphan. She became as i\
daughter to her uncle, and to her tender qare the
!f1W i
!f1?
REMOVAL TO KINGSTON.
249
c'oiiiFort of FitzCiibbon's (lecliniii"arden was well kept
and the fruit and flowers plentiful : the lawn included
a bowling alley, which was a source of much pleasure
to his sons as well as to friends and neighbors.
Of FitzOibbon's life in Kingston we can glean very
little. Casual mention of his name in letters, refer-
ences to him in the local papers, reminiscences of
jdeasant chats and walks with him by the one or two
of his friends who survive him, and two indifferently
well executed portraits, are all that we have.
The portraits have unfortunately been cut down
16
liii;i
m
I
V '
\
250
A VKTERAN OF lHl-2.
and the iiaiiir of tlie artist lost.* We liav(3 only a
shadowy outline of the story of how they came to he
])aintei'int of my i-ouresented to Lord
Staidey. I also furnished him with a copy of it,
which he jtromised U) reah
value at which it estimated his services duriiiii- the
rebellion. These expectations havin<»; failed in their
accomplishment, to my knowled^^'e, has had a power-
ful eti'ect in destrovin.'- the healthy^ tone of his minii" in sendiii'''
to her, that she lias taken some pains to penetrate
throu^'h the \'<'il undo' which the ()])inions were con-
cealed. The subject is one which has for a <^reat
manv' years attracted the attention of Miss Mui'ray,
and she is at this moment much eii^^a^'ed in considei'-
iuu: the best mode of cheekiui:' juvenile delin(iuencv
hy inducing the Government to take a refoiinatory
and e(lucational char^-e of each chiM U))on th(»ir first
conviction in a court of Justice. This would check
the evil at its very commencement, and totally pre-
vent the l're(|Uent recoiinnitment of young offenders."
In the following letter from Miss Sti'ickland, wdiose
niece had become engaged to B^itzGibbon's eldest son,
a pamphlet from his pen is mentioned, which, I regret
to say, [ have been unable to find in any library or
public depository of such works :
" AVEXUE LODCE,
'' Bayswateu, Attg. (jth, 1849.
"Dear Colonel FitzGihhon, — I have read with
tlie strong interest natural to my family connection
ill Canada, your pamphlet received this morning, foi-
which I return you my thanks. Nothing can be
clearer or more concentrated than its composition.
It is thoroughly readable by an idle person ignorant
of the subject. Every one of that species of reader
will be as much charmed as I was at the conduct of
the Ohio volunteers. But, query, was their most
«ii
264
A VETERAN OK 1812.
' ; ,'3!
a I
.if
oi'i^inal beluivior to their captain caused })y iiis lack
of ^ovcriiinn^ ])()\vcr, or the iiii))racticabilitv of liis
res|)ectal)le scjuadroii i* E(|ual |)()rti(jn.s of b(jtli ccjii-
tril)ut(Ml to tlie result, 7 (/iwss.
"'I'lie business ])art of your ))jun|)hlet appeal's to me
a U)ost salutaiy warning. If our Govei-nuieut will
not listen to the voices of its veteran otiicei's possess-
ing experiences l)oth uiilitaiy and civil, they nnist
e'en take the result. '*erhaj)s if the wartiing of
fi'ieiuls will not be hee(lc(l, they will listen to that of
enemies. The enclosed has, \ doubt not, excite ^ itzCjri})bon'K iiom de
j)lume), "to the care of .l./iii. llivier, Es(i., 5J) Pall
Mall, London." It is written . a firiii, clear, copper-
plate hand, the lines straigh and the words well
separated — a liand that nuist have been a j)leasure to
his printers and proof-readers :
" 45 Melville St., EDixiunuai,
"November 18th, 1848.
" Sir, — I have read with nnich pleasure your ' Re-
marks on the Advantages of Early Training and
Management of Children,' and admire the spirit in
which they are written. Apparently, however, you
have not had an opportunity of learning what has
been written on the subject of education since you
left England. Robert Owen taught us so long ago as
1820, the identical proposition contained in the third
paragraph of your pamphlet, and tried to realize it
in practice on a great scale at New Lanark in Scot-
land, and with oidy partial snccess.
" Having written and published a good deal myself
on human nature and education, I beg to enclose an
advertisement of my books, in some of wlii>h, par-
ticularly the ' Constitution of Man,' you will find
some ideas congenial to your own.
" I am, Sir,
'• Your very obedient servant,
"Geo. Com he.
"To 'A Colonist.'"
Through Lord Aylmer, Lord Aberdeen, Lord Seaton
and others interested in Canada and Canadians, and
iHl
iJiMilli!'
268
A VETERAN OF 1812.
in FitzGibbon personally, he was appointed one of
the Military Knights of Windsor, Lower Founda-
tion, on May 20th, 1850, and on January 8th, 185.S,
was removed to the Royal Foundation of the same
Royal Pension.
The Military Kni<;^hts of Windsor were founded by
Edward III., in the twenty-second year of his reign,
1-S48, for the support of twenty-four soldiers, " who
had distinguished themselves in the wars, and had
afterwards been reduced to straits." Appointments
are in the gift of the Crown. Each mend)er is paid
a small amuial stipend, and an allotted residence in
tlie walls of the Lower Ward. The only service re-
([uired of them is the attendance of a certain number
daily at the religious offices in St. George's Chapel,
where they occupy stalls at the feet of the Knights
of the Garter. The dress is a long dark blue cloak,
with a scarlet collar and a Maltese cross of the same
color on the left slioulder : a short, straight, two-edged
sword or rapier with a Maltese cross-shaped hilt and
a scabbard of dark leather.
The residence is a cottage interior with low ceilings
and deep window sills, built in the walls of the
castle on the right of the main entrance towers. A
tiny gate- way and narrow path lead to the low door-
ways which face the beautiful St. George's Chapel,
where these " poor Knights of Windsor," the original
designation, pay their daily devoir.
The installation is a very simple ceremony. After
the first lesson of the service for the day is read, two
le of
nda-
L85.S,
saiuo
id by
•eign,
' who
[ liad
neiits
pMi.
some ^lad of tliu opportunity of sceiiio- liim n^vjii,
others, on siii'(;us, whei'e we
inten(h'.
and liore I t'elt that it was more tliaii realized to me,
and tlie crownin*; joy of it all was that it would
never end. My mind became, as it were, expanded
to a vast extent, looking into eternity with mental
power never before imagined by me, and with an
awful impression of its boundless, its infinite extent.
" In the midst of these ineffable thoughts my mind
was suddenly turned to earth, and there I saw my
wife lying on a sick bed, with her five childi'en in
tears standing around it. Here then was the very
state of sorrow and suffering I had so often in imagi-
nation dreaded. Yet my happiness was not in the
least affected by it. Before this dream I could not
have conceived how this insensibility to their suffer-
ing could be, but now I clearly compi*ehended why I
was not so affected. I mentally exclaimed : ' Oh, it
matters not, they will be here innnediately ; ' and
whether the intermediate time were five years, or
fifty years, or five hundred years, did not then appear
to me worth an anxious thought, so brief did all time
appear to me compared to the eternity which then
appeared before me.
" And so, in truth, it really is to a mind expanded
as my mind then was. And this comparison and the
consideration of it now appear to me as fraught with
a cu. isolation to suffei'ing minds here on earth, which
no other consideration is at all ecjually calculated to
give. And, therefore, while my mind is thus so in-
tensely and blissfully impressed, do I hasten to record
A REMARKABLE DREAM.
279
iided
(1 the
witli
'hicli
d to
o in-
;cord
tliis vision, before it fades from my memory in the
sli(rhtest decree.
" Now, I trust I shall not be tliought superstitions l)y
anyone to whom I may comnnmicate what I liave liere
written. I am deli<]^hted with the dream, because it
proves to me that even in this life I possess a capacity
for enjoyment of blissful happiness of which before
now I had no adecjuate idea, and because it convinces
me that in lieaven no consideration of things on earth
can diminish my happiness there. And here I take
for granted that the Almighty has in like manner
endowed every human being with latent capacities
for increased happiness, whenever in His merciful
will He pleases thus to exercise those capacities.
" Thus a new field for thought appears to be opened
u]) before me, in which my mind may be further
improved, and I be enabled to increase its powers and
enhanc-3 its happiness. Now, more plainly than ever
heretofore, do I understand and feel that man is a
progressive being, and that it is his duty to avail
himself of every circumstance, occurrence, or means
whicli may enable him to advance himself in useful-
ness, in virtue, and piety ; and with the view, espe-
cially, of further enal)ling him to do good to his
neighbor.
"Anyone, at the hour of death, leaving behind
wife, children, or other beloved relatives, exposed to
poverty, sorrow, or other suffering, having such an
absolute conviction of mind as I then had, of the
!
I
t
280
A VETERAN OF 1812.
sliortness of all things of time lierti on earth, as com-
pared witli eternity, must surely, under such convic-
tion, be nearly, if not altogether, relieved from mucli
mental suffering, and enabled to depart in compara-
tive peace, and even with hope and joy and confidence
in the goodness of God,
*' That this account of my dream may occasionally
soothe and cheer the anxious spirits of pei'sons so
circumstanced, I lunnbly h()]^e and fervently ])ray.
" Amicus."
ENEROETIC OLD A(iE.
^81
CHAPTEK XII.
"^ITZGIBBON was never idle. His old enero^y
■ji^j^ and anxiety to be of use to someone — to do
what little good might be within his power —
never flagged. He read all the papers witii avidity,
making notes of interesting items, clipping para-
graphs containing information suitable for the accep-
tance of some of his youthful correspondents among
I lis nephews and friends ; occasionally, where a remi-
niscence of his own was apropos, replying to or
writing articles for the press, military matters espe-
cially attracting his attention.
The following is, perhaps, as apt an illustration of
this interest and the " grist he sent to the mill " as
anything among his papers :
" iMoNDAY, November 22nd, 1852.
" Sir, — In the supplement to the Weekly Despatch
of yesterday, I have just read the following words :
' And never let us forget to honor and care for the
' humblest soldier who has done his part of the great
' task in the faithful spirit of his chief. The indivi-
' dual honors cannot be his, and he knows it. He is
' proud to see decorations on the breasts of his officers,
'they are tributes to his valor; his bayonet helped
' to win them ; his discipline, his firmness held the
* ground ; his energy was in the last decisive charge.'
I cannot withhold from you the statement of a simple
18
'\''\'
i'sii
» i
n
ii
282
A VETERAN OF 1812.
fact which, I think, becautifullv^ ilhistrates the truth of
your hypothesis.
" Tlie battle ol' Queenstou, in lJ])per ( ■ana(hi, was
fought on tlie 18th ol* October, 1812. Captain Dennis,
of the (}rena '• i!
2cS8
A VfcTElfAN OF iNl'i.
" For tilt' lionor and prospci-ity of old Kn^dainl, [
^I'icve U) see its elei'oy so oi'asj)iii<;' and avaricious.
No ckiHH of this nation is doinii- so niueli ini»n-\' to the
puhlic mind, and it pains nie to learn that a like
spirit is manifesting^ itself in yoni* tlirivin^' ja'ovince.
" 1 have not a copy left of the letter you mention.
I believe it was the substance of a paper I wrote at
the re(juest (jf Loi'.
not ol* cxci'ci.so, but of inacticu, in Thi'^M^ RivorH. 1'lu(
lu'a' oui* advocate in
the House of Loids. On seein<;* the a})|)ointment of
Lord Bury to an otiice in C/ana('a, 1 have from time
to tinie sent to tlie Karl Canadian papers of various
descriptions, tindin<^' they ai'e acce[)tal)Ie t
j
290
A VETERAN OF 1812.
"9 Lower Ward,
" Windsor Castle, Sept. 24tli, 1859.
" My Dear Siii, — I can luirdly exi)ect that yon can
recall nie to yonr memory, for I never had the honor
of an intimate acquaintance with yon. I first saw
you in Montreal in 1807 or '08, when you married
the daut»;hter of Mr. Sutherland, with wliom I was
then ac(|uainted. I was then the Adjutant of the
49th Keo-iment.
" I am now im[)elled to address you in behalf of a
youno- o-entlenian (son of one of the Military Knights
of Windsor, Capt. Douglas, a neighbor of mine) who
has ventured to identify his fortunes with the Pro-
vince (^f Canada, and is now employed in the Provin-
cial post office at Toronto. The Hon. W. H. Merritt, of
Upper Canada, spent a day with me here this week,
of whom I en([uired if you were yet at the head of
that department in Canada, and he thought you were,
as he had recently seen you.
"Capt. Douglas is now an old man, as all these Mili-
tary Knights are. He has three daughters here with
him. At his deatli I fear these three young ladies
will be wholly unprovided for. They have two
brothers. One is employed in the Post Office Depart-
ment here in England, usually in taking charge of
the mails to Alexandria and other ports in tlie Medi-
terranean. His conduct has given so much satisfaction
that he has recently been promoted in the Depart-
ment. This brother remits to his sisters all he can
possibly spare from his income. That his brother in
Canada is equally desirous of aiding them I entirely
believe.
" The interest I take in these young ladies impels
me to address you ; they are intimate with my two
nieces who reside with me and keep liouse for me,
A LEtTER OF iNTftODUntlON.
297
and I am therefore acquainted with the particuhirs
which I thus communicate.
" Should tlie brother in CanacUi be really deserving
of your favorable consideration, may I venture to
bring him to your notice, in the anxious hope that he
may be soon enabled to contribute his share to the
support of these excellent girls.
" The only apology I can offer for thus trespassing
upon your benevolent attention is my desire ' to do
good to my neighbor ; ' and my impression of you
makes me believe that my appeal will not be unac-
ceptable, but rather the contrary, if you can depend
upon my judgment and discretion in making this
statement. And I venture to hope that the recollec-
tions of those le of business matters
other than military, and he was willing enough to
leave it to his more enthusiastically energetic friend.
Lord Albemarle took a great interest in it, and friendly
letters passed between him and FitzGibbon on the
subject. The latter's letters to Dublin from the years
1851 to 1859 are full of the hopes and fears to which
the various delays and law proceedings gave rise ;
regret at the delay and the consequent deprivation as
one or other of the knights, who had watched the
case in anxious anticipation of an increase of income,
passed away without receiving any benefit ; and of
indignation at the slow progress, dilatoriness and law
;!
.•^00
A VETERAN OP 1812.
quibbles resorted to in order to postpone the hearing.
(See Appendix XI.)
Sanguine expectations of obtaining rech'ess, antici-
pations of an increase of from two to three hundred
a year to tlie one shilling a day allowed, dwindled as
the years passed and their cause was deferred from
term to term ; and hope dying hard, they were thank-
ful to accept the sixty pounds a year derived from
the lapsed canonry finally allotted to them.
The sum varied according to the proceeds or revenue
derived from the " new canoiuy," as it was called by
the knights. In 1868, the amount they received only
reached the sum of thirty pounds fourteen .shillings.
In a letter dated January 19th, 1858, he says : " The
knights' case before the Chancellor does not appear
to make nuich progress. We are just told that the
Dean and CJanons are about to f lemur to the jurisdic-
tion of that Court. Should the demurrer be allowed,
I am told our case will be the stronger. But will it
be the sooner terminated ? Time will tell, but it may
be a long time. Procrastination is to these fat divines
rich living ; while to the lean old soldiers it is short
commons. However, with the fins of the Dogger
Bank codfish,* and the wings of the Windsor Park
pheasants,^ my larder can furnish more than one
* Sent FitzGibbon from Ramsgate by Major Plenderleath, a
brother of his old friend and brother officer of the 49th.
t A brace of pheasants sent annually as a New Year's gift to each
Military Knight by H. R. Highness the Prince Consort.
;N
SINNERS VS. SAINTS.
301
sporting dinner. Thanks to the sinners rather than
the saints — the cormorants."
On December 5th, 185(j, he writes: "I send you a
copy of a note from our solicitor, that you may see
the progress making in our suit against tlie Dean and
Canons here. I begin now to indulge hope a little ;
but even if not successful, I will not be disappointed.
Your father, who knows so nnich of ' the glorious
uncertainty of the law,' will approve of the resolution.
But if my income be increased, and I live to be out
of debt, I fear I shall not then know how to ' demean
myself ' in circumstances so entirely new to me."
The copy sent is but the usual lawyer's letter,
reporting proceedings, and there being " every pros-
pect of success attending our efforts."
This hopeful prospect was, however, not realized,
and the disappointment felt by his clients was pro-
portionately great. Sir John Doyle died without
receiving any benefit from the lapsed canonry finally
granted them, and FitzGibbon enjoyed it only for one
year and a half. Small though the addition was, the
knights owed it, certainly to some extent, to FitzGib-
bon's energy, perseverance and determination to do
his best to succeed.
Other friends who were most instrumental in aiding
him to force the case upon the attention of the author-
ities, were Colonel North, of Wroxham Abbey ; Sir
Francis Doyle and General Read, M.P. for Windsor.
Charles Grenfel, also M.P. for Windsor, was also one of
the most active supporters of the claim, and FitzGibbon
If; I
:;1
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f
i i '
802
A VETERAN OF 1812.
was able to repay him in kind. When the represen-
tation of Windsor was beinj^ hotly contested by Mr-
Grenfel and Lord Charles Wellesley in 1859, Fitz-
Gibbon brought up the knights in a body to vote, and
turned the poll in favor of the man who advocated
his cause.
This was almost the last flash of the old energy
and enterprise. The malady, a sort of epileptic or
apoplectic seizure, which eventually caused his death,
showed its first symptoms shortly after, and though
he recovered from the first attack, he never regained
the old strength. His grand constitution, a life of
steady abstemiousness and healthy exercise, his steady
perseverance and sanguine temperament, enabled him
to rally after each successive attack with surprising
vitality.
The knights' case ended, there was no longer any
incentive to exertion, but he kept up a lively corre-
spondence, his handwriting and diction showing few
signs of decaying powers. When reading the papers
now and then, the old fire flashed out in protest
against injustice or pusillanimous fears.
The following letter, written after reading the
report of a debate in the House of Commons, on the
question of the rumored threatened invasion by the
French, is an instance :
''August, 1860.
**SiR, — I have just read the communication ad-
dressed to you, signed " H," and published in the Star
of this morning. I am in the eightieth year of my
age, and too feeble to express at much length in writ-
^ 1
THE FRENCH INVASION SCARE.
303
ing the feelings excited in my mind by tlie perusal of
that paper. But I cann(jt refrain From expressing
m^'self as follows:
" I entered the army as a private soldier in the year
1798, and was placed on half pay as a captain on the
reduction of the army in l'>^o some extent prepared. Even though we be not
, at hand to meet him, telegraph and rail-cars can soon
bring us upon him ; and then if we do not kill and
capture his army, we deserve to be conquered and
enslaved. But of the issue I have no doubt.
" I do not now hesitate to declare that no army
fro^ France will ever invade England. For it is
m )t to me that no nation of 20,000,000 people
er be overcome by any force which can possibly
Drought from abroad. I am ashamed of the debates
in the House of Commons upon the question of the
projected defences. They fill me with indignation.
Is it that those members are chiefly of the feeble
CLOSING SCENES.
305
aristocracy, the plutocracy and dandyocracy, that
they seek to defend our country by means of spade
and pick- .xc, rather than by strong hands, stout
liearts and British liayonets ?
" It re(|(iires but little previous drill to (|ualify our
yeoniamy to tijjjht the l)attle of the bayonet, and
therefore I rejoice at the orpinization of our volun-
teers. Of these w(5 may organize a nund)er quite
ecjual to the destruction of any invading force. Upon
these our old men, our women and children, may
look with contidence, with pride and afiection, and
they will never be disappointed.
" I pray of you to publish this, which may be called
a rash effusion, but I write it with the fullest con-
viction.
" Your obedient servant,
" An Old Soldier, who despises all fear
" OF invasion."
FitzGibbon clung more closely to the fireside as the
end approached, and seldom quitted the precincts of
the Castle. He was always glad to see and chat with
his old friends from Dublin, London and Canada,
and many visited him. The old love for Canada
returned with redoubled force ; the burden of all the
latest letters is to be once more among the old scenes,
and to be to his grandchildren what his grandfather
had been to him. So strong was this longing that his
medical attendant was consulted on the possibility of
his being able to endure the voyage. But it was not
to be. The soldier who had fought for Canada was
not to find a grave within her borders.
-lii'!
i!'i
'\
306
A VETERAN OF 1812.
[til
III
During one of his many visits to the Castle, his
nephew, Gerald FitzGibbon, induced him to have a
photograph taken to send to the grandchildren he
wished so much to see. It was sent with a loving
message and apology for what he considered an "un-
soldierly beard," but his hand had grown " too infirm
to trust it with a razor." It is from this photograph
that the frontispiece is taken.
He died at Windsor, on December 10th, 1863, and
was laid '■■o rest in the catacombs of St. George's,
beside those he had loved and honored most among
his fellow-knights.
Thus ended the life of one whose enthusiastic tem-
perament and excitability led him often to run counter
to the world's opinion, or the more coldly calculating
worldly wisdom of his superiors, but whose fearless
integrity and honest singleness of purpose carried
him to the goal he sought ; one whose sole aim in
life was to be an honest man, a simple soldier, to do
his duty to his country, good to his neighbor, and
walk humbly with his God.
Finis.
un-
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APPENDICES
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APPENDICES.
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APPENDIX I.
When the policy of the French Directory, 1708, turned their ambi-
tion to still further conquest and aggression, Holland was the first
victim of the Republican ambition. They had revolutionized that
ancient connnonwealth, expelled the Stadtholder, and compelled its
rulers to enter into a costly and i-uinous war to support the interests
of France, and though their engagements had been performed with
fidelity, they detei-mined to subject them to a convulsion of the same
nature as that which had been terminated in France by the 18th
Fructidor.
The Dutch, having had an opportunity of contrasting the old
regime with the new, were now ripe for a return to the former.
The French Directory saw this leaning to old institutions with
disquietude. They recalled their ministei- from the Hague, and
replaced him by a man of known democratic ])rinciples, with in-
structions to overthrow the ancient Federal Constitution, overturn
the aristocracy and vest the (lovernment in a directory of democratic
principles entirely devoted to the interests of France.
Obedience to these instructions soon robbed the inhabitants of
Holland of all their ancient liberties. Antagonism to the directors
became so pronounced as to rouse the fears of France lest it shoidd
undermine their influence in Holland. To prevent this. General
Daendels was ordered to take military possession of the government.
While Napoleon's opei'ations and desperate conflicts had l)een
going on in the south of Europe, England had roused her.seit from
the state of inactivity in which she had been held through her own
want of confidence in her military powers, and an expedition was
il
a
310
APPENDICES.
prepared more in proportion to her station in the war as one of the
allied powers than any she had hitherto projected.
Holland was selected l)()th as l)eing the country nearest British
shores in the hand of the enemy, and as the one where the most
vigorous opposition might be expected from the inhabitants.
The treaty between Russia and England of June 22nd, 1798,
stipulated that the latter should provide 25, 000 men for the descent
on Holland. To re-estaldish the Stadtholiler, and terminate the
revolutionary tyranny imder which that opulent country groaned ;
to form the nucleus of an army which might threaten the northern
provinces of France, and restore the l)arrier which had been so
insanely destroyed by the Emperor Joseph ; to effect a diversion in
favor of the great armies then fighting on the Rhine, and destroy
the ascendancy of the Republicans in the Maritime Provinces and
naval arsenals of the Dutch, were the ol)jects proposed in this expe-
dition. The preparations were such as to extort the admiration of
French historians. The harbors of England resounded with the
noise and excitement of the embarkation. The first division sailed
on the 13th of August, but, delayed by contrary winds, only anchored
off the Helder, North Holland, on the 27tli ; disembarked under Sir
Ralph Abercrombie, and were met by (ieneral Daendels at the head
of 12,000 men, opposed to 2,500. A well-directed fire from the ships
carried disorder into the ranks of the Republicans, and drove them
back to the sand-hills, from which they were expelled by the British
by six in the evening. The Dutch evacuated the Fort at the Helder
during the night, and the British occupied it the following day.
The Russian troops not arriving, the English commander was
obliged to remain on the defensive, which gave the Republicans
time to collect their forces, 25,000 in all, of which 7,000 were French,
under General Brune, who had assumed the command-in-chief. He
determined to attack the British, and on September 10th, all the
columns were in motion.
Vandamme, who commanded the right, was directed to move
along the Langdyke, and make himself master of Ernnsginberg ;
Damonceau, with the centre, was to march by Schorldam upon
Krabbenham, and there force the key of the position ; while the left
was charged with the difficult task of chasing the British from the
Sand-dyke, and penetrating by Kampto Petten. Restricted to the
m
APPENDICES.
811
dykes and causeways intersecting in different directions a low,
swampy ground, the engagement consisted of detached conflicts at
isolated points, rather than any general movement; and, like the
struggle between Napoleon and the Austrians in the marshes of
Areola, was to be determined chiefly by the intrepidity of the heads of
columns. Repidsed at all points, the French resumed their position
at Alkmaar. On Septend)er the 12th and 13th, the Russians, 17,000
strong, and 700 Ui'itish ai-rived, and the Duke of York assumed the
command. On the 19th, the Russian advance was defeated, and
though the Diike of York advanced to their support, the Allies were
obliged to retire to their fortifled line and evaciate Schorl. In this
battle the Republicans lost 3,000 in killed, wounded and prisoners ;
the British, oOO killed and wounded, and as many prisoners ; the
Russians, 3,500, besides twenty-six pieces of cannon and seven stan-
dards.
The Duke of York, being reinforced by a fresh bi'igade of Rus-
sians and some English det;. ' inents, again assumed the offensive,
but the heavy rains prevented .«,n attack until October "ind. Alkmaar
was abandoned by the Republicans.
Despite this success, the prospect was not encouraging to the
British commander. The enemy's force was daily increasing, while
no reinforcements were coming to him. The heavy rains which
set in with unusual violence made the roads impassable for artillery.
The expected movements of the Batavian troops in favor of the
House of Orange had not taken place, the climate was affecting the
health of the British troops, and it was evident that, unless some
important place could be captured, it would be impossible to remain
in North Holland.
Haarlem was decided upon as the most likely to furnish the
necessary supplies. To this end an attack was made on the French
on the narrow isthmus between Beverick and the Zuyder Zee. The
battle was well contested, the loss being nearly equal on l)oth sides,
and though the honors remained with the Allies, they were obliged
to retreat and fall back upon the intrenchments at Zype. On the
7th, they retired to the position they had occupied before Bergen,
and the Republicans, on the Sth, resumed their position in fi-ont of
Alkmaar.
An armistice was signed on October 17tli, the principal terms
312
APPENDinKS.
I:
1
being that the Allies should evacuate Holland by the end of Novem-
ber ; that 8,(X)0 prisoners, whether French or Dutch, should be
restored, and that the works of the Helder should be given up
entii-e, wit'.i all their artillery.
Before December 1st, all three conditions were fulfilled, the
British troops had regained the shores of England, and the Russians
were (juartered in Jersey and Guernsey. (Condensed from "Ali-
son's Europe.")
APPENDIX II.
Extract from the Returns of the 49th, during the six months from
the I3th November to Slst May, 1811 :
Private Patrick Lallagan.
26th Jan., 1811.
13th Feby.
Edward Marraly.
loth Nov., 1810.
Deficient of frill, part of his regimental
necessaries.
Sentenced 100 ; inflicted —
Deflcient of a razor, part of his regi-
mental necessaries, and for produc-
ing at an inspection of his necessaries
a razor belonging to Private James
Rooney, thereby attempting to de-
ceive the inspecting officer.
Sentenced 200 ; inflicted 100.
Also to be put under stoppages of 1/
per week until the razor is replaced.
For being deficient of a shirt, part of
regimental necessaries.
Sentenced 200 ; inflicted TH.
if
John Turner.
4th April.
For having in his possession some pease
for which he cannot honestly account,
and for making an improper use of
the barrack bedding.
Sentenced 400 ; inflicted 250,
APPENDICES.
313
Corporal Francis Doran.
28th March,
An accusation made by sonic married
men of his having defrauded tlieir
wives of part of the breaci issued for
them, between the 2oth of Feb. and
24th March, is sentenced to 100
lashes, which, however, appear not
to have been inflicted, but a weekly
stoppage of 1/H until the (| iitity of
bread, valued at 2/7 currency, was
recovered, was deemed sutticient.
There are numerous entries of "Drunk
before dinner although confined to
barracks."
Sentenced loO; 100 inflicted
"Drank before morning parade al-
though confined to b racks," Sen-
tenced 200 ; ir)0 inrtiL d.
"Quitting the barracks without leave
after tattoo." Sentenced 300 ; 29")
inflicted.
[Is it anything to be wondered at that the men deserted ?]
APPENDIX III.
The lot of land referred to on page 59 was situated in the Town-
ship of Tecumseh, in the Home District, and Province of Upper
Canada.
APPENDIX IV.
In September, 1812, the Americans learned that anumber f)f bateaux
were coming up the river, laden with supplies, the party being
under the command of Adjutant FitzGibbon. A gunboat and also a
Durham boat were fitted out at Ogdensburg, and despatched to
intercept and capture the British expedition and stores.
20
111 iij'.
I
ill
ui
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314
APPENDICES.
Leaving Ogdensburg late at night, the enemy landed on Tons-
saint Island, neat- where the bateaux lay. The only family on the
i.slaiul was seized, with the exception of a man, who, being a staunch
defender of the liritish flag, made his escape, and by swimming
reached the Canadian shore. Tlie alaiin given, the militia rallied,
and when the Yankees made the attack they met witii such a hoi
reception that they abandoned the Durham boat, which di'ifted
down the river and fell into the hands of the Canadians. About
sunrise the gunboat came to anchor, and was innnediatelv tired
uj)on. At the second discharge five of the eighteen on board were
wounded, but bcfoie a third volley could be delivered, the remain-
der brought a cannon to liear on the (vanadian boats, which weie
compelled to move out of range, being ])rovided only with snuill
arms. The Americans then beat a hasty retreat for Ogdtnsburg.
(" History of Leeds and Gienville," p. 84.)
APPENDIX V.
Montreal d'a-jfte, Tuesday, July (ith, 181.3: "Intelligence of the
last week from the seat of war in Canada is not of a sanguinary
nature ; but, however, it is not the less interesting, and we have
much pleasure in cf)nnnunicating to the public the particulars of a
campaign, not of a general with his thousands or his hundreds, but
of a lieutenant with his tens only. The manner in which a bloodless
victory was obtained by a force so comparatively and almost in-
credibly small, with that of the enemy, the cool deteimination and
the happy presence of mind evinced by this highly mei'itorious
officer, in conducting the operations incident to the critical situation
in which he was placed, with his little band of heroes, and the
brilliant result which crowned these exertions, will, while they
make known to the world the name of Captain Fitz( iibbon, reflect
new lustre, if possible, on the well-earned reputation of the gallant
49th Regiment, and class this event with the most extraordinary
occurrences of the present accursed war.
" We shall at present make no further comment, but refer our
readers to the following details of Mr. FitzGibbon's operations, ar
B ' ■Jrr\ i
r.: i
APPENDICES.
315
communicaterl to us by a friend who had the particulars from the
hest autliority :
" ' Immediately after the gallant affair of our advanee on the Jith
idtimo, Lieut. FitzlJibbon made application to (teneial Vincent to
l)e employed separately with a snuill party of tlie 4!>th Regiment,
and in .sucli a manner as he might tliink most expedii'iit. Tlu' ofl'er
was acce))ted, and this little band lias since been constantly ranging
between the two arn)ies. Many events would naturally occur on
such a service which would be interesting, but are necessarily pre-
scribed in our limits of details, and we will confine ourselves to two
very extraordinary occurrences. About the '20th ultimo, Lieut.
Fitzdibbon went in pursuit of forty-six vagabonds, volunteer
cavalry, brought ovej- by a Dr. Cha})in fi'om Buffalo, and who had
been for some time plundering the inhabitants j'ounefield, seized the uplifted arm, and
f ]
m
•S!!
\i
316
APPENDICES.
i
tm'
Mi't
wrested the sword from his gras]). At this Tnonient an ehlerly man
named .Johnston (;ame up and forced the American from lii.slioMof
the rifle, and Lieut. Fitz(«ihhon innnediately hiid the othei' solilier
j)i'ostrate. A young hoy of thirteen years, a son of l)i-. Fleming,
was very useful in the struggle, wiiich lasted some minutes, Lieut.
Kitz(iihhon, tints lelieved, lost not a moment in eai-rying off his
two prisoners and the horse, as the juemy's force were witiiin two
hundred yaids of him, searching a house round a turn in the road.
"'At seven o'clock on the moining of the "24111 ult., Lieut. F.
received a report that the enemy was advancing from St. David's,
with ahout a thousand men and foui- pieces of canium, to attack
the stone house in which he was ((uaitered at Heaver Dam. About
an liour afterwards he heard the re})ort of cannon and nuisketry.
He rode olf to reconnoitre, and found the enemy engaged with a
party of Indians, who hung upon his Hanks and rear, and galled him
severely.
" ' Lieut. V. despatched an officer foi- his men, and by the time of
their arrival the enemy had taken up a position on an eminence at
some distance from the woods in fi-ont. He estimated the enemy's
strength at ()()(► men and two field-pieces — a 12 and a (}-])oundei'.
To make the aj)pearance of cutting off' his retreat, Lieut. F. j)assed
at the charge-step across the fi-ont to gain the othei' flank xmder a
(juick Hre fi'om his guns, which however did not the slightest injury.
He took i)ost behind some woods, and saw the Indians were making
verj' little of the enemy, and it would have been madness in him,
with forty-four nniskets, to dash at them across open fields, where
every man he had could l)e so easily perceived.
" 'Many of the Indians were at this time taking themselves off,
and he began to think of his own retreat. He had a hope, however,
that Colonel De Haren would soon join him ; l)ut fearing the enemy
would drive him off, or make good his retreat, he determine*! to
play the old soldier, and summon the enemy to surrender. He tied
up his handkei'chief and advanced, with his bugles sounding "Cease
firing." A flag was sent to him by a Captain McDonald of the
Artillery. Lieut. F. stated that he was sent by Colonel De Haren
to demand their surrender, and tc offer them protection from the
Indians, adding that a number had just joined from the North-West
who could not be controlled, and he wished to prevent the effusion
APPENDICES.
817
(»f hlood. Tlu! tjiiplaiii went hack to lii.s »(»iiiiiiaiith [legiment,
in the advance of our army under (Jeneral V'incent. Tliey end)arked
yesterday evening on boanl the steamboat for (,>uebe(;, under the
guard of Capt. Renv(nsez, of the .Si'd Hattalion of tiie incorpoiateil
militia. The remainder arrived this morning in bateaux.""
'%
b
From the Report of the ("ourt-nuirtial held toencjuire into the cause
of B(erstlei'"s suri'ender, lield at Baltimore, I7th Febiiuiry, 181') :
"The detachment was oidered to lay at Queenston on the night
of the 'i.'ird, and to nuirch early the next moi'uing. It did so, lay-
ing upon its aims and in silence without lights, and having taken
precautions to avoid surprise and preventing the country people
from carrying intelligence to the enemy.
" Before eight and nine o'clock, morning of '24th, at a place
called ' Beaver Dams,' a mile and a half in advance of DeCou's. I)e
Cou's stone house seventeen and a iialf miles from Foi't (Jeoi'ge ria
Queen.ston, and sixteen cla St. Catharines.
" That the surrender was justified by existing circumstances, and
that the misfortune of the day is not to be ascribed to Lieut. -(Jol.
Bcerstler or the detachment under his command."
From Major-(ileneral Lewis' deposition:
" He had been frequently presseil to send a detachment to the
vicinity of the Beaver Dams during the latter days of his conniiand
APPENDICES.
319
at Fort (Jeorge, wliicfi he always resisted, because the posit ion and
means of the enemy enabled him to reinforee with far greater
faeility than the Anieriean army could."
APPENDIX VI.
HINTS TO A SON ON RECEFVINO HIS FIRST COM-
MISSION IN A REGIMENT SERVING IN THE
CANADAS.
BY AN OLD WOODSMAN.
The troops should be drilled in the woods, most frequently by com-
panies, and occasionally in greater nund>eivs. Without much prac-
tice the}' cannot have mucii confidence in themselves or in one
another, and must, thi-ough ignorance, greatly expose themselves to
the enemy's Hre.
In 1HI4, the (ith and S2nd llegiments joined Sir George Drum-
mond's division of the army before Foil Erie, and in the first affair
with the enemy in the woods they lost many more men than any
other corps pi-esent, because they knew not how to cover them-
selves. For several days aftei'wards the men of these regiments
were mixed with the tiles of the Glengarry Light Infantry, a pio-
vincial coips, until they acc^uiied some skill and experience in the
woods.
I will state here thus eai'ly that I consider the rifle in the woods,
as well as in the open groinid, a contemjjtible wea[)on. I do not
hesitate to say, " Let all my enemies be armed with I'ifles." With
the musket and l)ayonet, British troops have only to advance
instantly after the first fire, and they may hunt the enemy through
the woods without pause or rest.
The rifle I consider of peculiar value only when used in places
inaccessible ; but in the woods, where the men must I'un, either
after their enemy or from him, the blood must circidate freely, the
men must become excited, and then there is an end to perfect
steadiness in taking aim, and the least inaccuracy reduces the rifle
li
illi! i
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320
APPENDICES.
'!:-
{i:;;
t
in this respect to the level of the musket, wliile it is in all other
respects far inferior to it.
The soldier should tire to the right of the tree ; thus a very small
section of his head and right arm and shoulder is exposed. I have
known an officer to tap his servant on the shoulder, and exclaim,
" Fire from the other side of the tree, you blockhead," but the
words were hardly spoken before the servant was shot dead.
'J'he soldier, when advancing, should not go straight forward, but
at an angle to some tree to the right or left of the one he quits ;
because it is much easier for his enemy to hit him coming directly
towards him than if he runs at a considerable angle. So also in
i-etreating, he should run to the right or left, having in each case
previously fixed his eye upon the tree to which he intends to run ;
and if lie can fire to advantage before he quits the tree that covers
him, so much the better, as the smoke may conceal his retreat, and
his enemy will not know where next to find him until he fires again.
An enemy is most readily discovered in the woods by looking for
him as low down as possible beneath the l>ranches of the tresis. The
reverse of this woidd, liowever, be the fact where much underwood
grew, or in a copse. The moving of a branch or young tree will
often show the place of an enemy.
The greatest attention and care are rec^uired from every man to
I>reserve his distance from his neighbor, and to keep in the general
line as much as circumstances will permit. It is impossible to do
so exactly, but much practice will give both experience and confi-
dence, and with the active aid of experienced officers and sergeants
the forest may lie scoured in fine style by well-[)ractised men with
musket and bayonet, acting against riflemen, or against any descrip-
tion of American troops, inexperienced as they all, officers as well
as men, must be for many years after the commencement of a war.
A company should be practised to close to the centre or any
other point, and to dash through the enemy's line, and then wheel
by subdivisions to the right or left, and rush along upon the Hanks
and rear of his position. Rout and confusion of the enemy may
be confidently expected as the result of such an onset, which should
be executed with the greatest possible rapidity.
After much practice, rapidity of evolution cannot be too strongly
recommended. It gives to the attacking party the highest degree
1
B-ir
M
APPENDICES.
321
of animation and confidence, while it creates surprise and panic
among inexperienced defenders.
The Indiana, when retreating and coining to a ravine, do not at
once cross the ravine and defend from the l>row of the side or hill
looking over the ravine to the pursuing enemy : they suchlenly
throw tliemselves down immediately behind the hank they first
come to, and thence fire on their pursueis, wlio must then he
entirely exposed, while the Indian exposes his head only, and when
pressed and compelled to abandon his i)ositi(m, he fires and retiies,
covered by the smoke and the bank, so that his pursuers cannot tell
the course of his retreat, whether to the right or the left, or directly
to the rear, which last the Indian may now do with comparative
safety, ])eing for a short time hid by the l)ank from the view of Ins
pursuer, until he, the pursuer, arrives at the brow of the ))ank, by
which time the Indian has, most probably, taken post in a new
position, where he can only be discovered by his next fire.
If an Indian be pursued from post to post, and obliged at length
to fly for his life, and if his pursuers stili press upon him until he
becomes exhausted, he then looks for some thick cover whc.^.n t«»
hide himself, and there takes shelter. 81iould the pursuers come
near to his place of conoeahnent and be likely to discover iiim, then,
as a last resource, he closes his eyes, not because he will not look at
the upraised tonuihawk, but because it is possible that the glisten"
ing of his eye may betray him, when, but for it, he nuiy lemain
undiscovered.
I recommend that an intelligent Indian be attached to each regi-
ment for a sufficient time to tea-jh all his lesst»ns — of which these
now stated are a few — to the otficeis and sergeants.
Before the termination of the late American war, which ended in
1815, I had a scheme in contemplati(m of which the following is an
outline :
I intended to have asKed for leave to raise a corps of three hun-
dred men, the officeis and men to be chosen or appioveells I pi-oposed to deceive an
enemy by leading him to believe that cows only were near him
(cows in the foiest usually have bells hung round their necks),
whereas the bugle, whistle or word of command might expose us.
Thus, too, by previously concerted sounds the several sections could
be kept together, and enabled to move in any direction in connec-
tion with each other at night througli the woods. This was not
reduced to practice, but I neveilheless hold it to be piacticable,
and may be useful.
At one time I asceitained that the enemy's cavalry horses were
picketed on tlie A'^iagaia conunon in front of Fort (leorge. I pro-
posed during the night to take twenty of the most active of my fifty
chosen men, and rush through the outer pickets and i-un dii'ectly
to the horses and stal) as many as possible ; and, lastly, each man
to spring upon a horse and gallo)) out by the road to Queenston.
The enemy's picket on that road could not suppose that we vveie
enemies luitil we had ali-eady passed through them, and beyond the
range of their fire. Before I could cai ly this plan into effect, I was
suddenly ordered off in another direction, and the o])portunity was
lost. Desperate, perhaps foolish, as this attempt nuiy appear, yet
I had very sanguine hopes of success. The locality was perfectly
known to us. We had an inexperienced enemy before us, who could
mmn
324
APPENDICKS.
not readily )>o lnou^lit back into gooil order from panic an'■'
anc
Foil
won
Anu
was
men
thei
was
APPENDICES.
325
much to my regret, ;is the succoss of my intt'Jis(!rv(!d to his followers, 'T/inf, as lilnnil hail iioir hceii
Hinlhil, fhei/ irrrc in for if, nm/ liit'l iio/liin;/ hO Inil lit iiilrnin'i'.'
" Aeeordin<^ly, at ahoul ten ochick at night, tliey 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 .Montgomery's
Tavern, he had Itecn arrcfsted hy Mr. M'Kenzie and another prin-
cipal leader ; that the former had snappiid a pistol at his l)reast,
that his (Mr. PowelTs) pistol also snapped, l)Ut that he tiretl a
.second, which, t;ausing the death of Mr. MKen/.ie's companion, iiad
enabled him to e.seape.
"On arriving at the ('ity Hall I appointed Mr. dnstiee Jones,
Mr. Henry Sherwood, Captain Strachan, and Mr. .lolni Kohinson,
my aid-de-camps.
" I then ordered the arms to l)e un[)acked, and, manning all the
windows of the huihling, as well as those of o])posite houses which
flanked it, we awaiteil the i-ehels, who, as I have stated, did not
eonsidei' it advisable to advance. Beside these arrangements, I
despatched a message to the Speakei- of the House of Assembly,
Colonel the Honourable Allan M'Xab, of the (Jore District, and to
the Colonels of the Militia regiments in the Midland and Newcastle
districts ; an advanced jiicjuet of thirty volunteers, commanded by
my aid-de-camp, Mr. Justice Jones, was placed within a short
distance of the rebels.
"By the following moi-ning (Tuesday) we mustered about .300
men, and in the course of the day the nund)er increased to about
."lOO ; in the night, an advanceIe to save the prisorrers who were
taken, and to cxterrd to nrost of these rr;..;guided merr the royal
mer-cy, hy or-ih^ing their- irrrmcMiiate rehtase. I'liese rrreasures
havirrg heen ehected arrd the r-(!hels ha\ org Iteen deprived of their
Hag (oir whieh was inserihed in large letters,
'"IHDWKLL, AM) THK (ILOKIOUS MIXOIilTV ;
is:{7, AND A (JOOD I',K(iINXIX(;').
the Militia advanced in pursuit of the r-ehels ahout four miles till
they reached the house of one of the principal ringkadens, Mr,
n
APPENDICES.
385
(Jibsoii, which jusideiicc it would have lieoii iiiij)o.s.sil»U' to have
saved, and it was consecjueutly liiu'iied to the giound." *
■ " iJ.v my especial order."
Ill tlie oiif^iiial de.spateh as tir.st published and circulated in
1, .,vda, there was no foot-note attaciied to tliis paiagiapli. in tlie
second edition, as stated in tiie account given Ity Kitz( lililioii, whr>se
letter to J..ofd (Jlenelg had provoked that nohleinan to make Sir
Kiancis practically acknowledge the falseness of his first statement,
the foot-note is appended.
I have copied the despatch verbatim, spelling, grammar, and
])un(;tuation, exactly as I liiul it in a copy /, and re.rere the nohfe mon-
archical, institutions of the British Empire.''
I need (jiKjte no nioie, tlie concluding paragraphs of this remark-
able despatch being l)ut an attack upon the Under Secretary for the
Colonies, and also in italics. It is difficult, however, to refrain
from adding an extract froni another of the valiant Governor's
despatches, dated Toronto, Jan. 20th, 183S, and nund)ered II., as
bearing n})on the al)<)ve :
"Events have since pi-oved tliat tiie judgement I had formed of
the dangerous effects of conciliation was not incorrect. Treason,
which had long slumbered in tins province having l)een fanned by
conciliati(m sutldenly bnist into a flame. The details of the late
rebellion, as contained in my Despatch dated December 19th (No
11^2) have already explained to your Lordship tiiat on the 7th of
December las*^ Jie bi'ave militia of Upper Canada drove the rebels
from their position at Callows Hill ; that their place of rendezvous,
Montgomery's Tavein, innnediately fell into theii' possession, and
that, on a small party reaching it, they found,' brought out, and
unfurled in triumph before their comrades, the ti-aitors' flag, upon
which was inscribed in large letters,
'"BIDWELL AXl) THE (JLORIOUS MINORITY;
1837, AND A GOOD BEClNNIN(i.'
My Lord, if that flag had, as was expected by its followers, tii-
umphantly entered Toronto, I have no hesitation in saying it wouhl
have waved over the corpse of every loyal subject in the city ;
indeed, we have received evidence that a general massacie of the
Queen's loyal si'bjects would have l)een attempted.''
Might we not without prejudice endorse the remsirk attributed to
Judge Ridout by Sir Francis, who devotes sevei'al pages of the
volume to abuse of that gentleman for having "violated all political
decency by publicly declaring that I, the Lieutenant-Covernor of
Upper Canada, deserved to be tarred and feathered,"' and that he.
Judge Ridout, " would lend a hand to do ■ o."
APPENDICES.
337
i
APPENDIX VIII.
C(){)y of Fit/th of December I had, occasionally, opportunities
of eonvei'sing with His Excellency on the state of the Province, and
he uidforndy r<'sisted (with one exception only, see note at end)
every suggestion of nnne foi- defence. So far did lie carry his
resistance to my advice that he refused to a])poiiit twenty othcers to
fill vacancies in one of the city regiments which I then commanded,
and whicii was an ordinary duty to be at any time ])erformei)ointed you, tiusting that you will not witidiold
your services from me in the pi'esent state of puhlic ati'aii's,' and 1
consented./-
" Aiui'liere I will briefly state, l)y v/ay of reca))itulation, that Sir
Francis Head unifoi-ndy i-esisted every advice to guard against
a|)[)roaching dangers ; and that had his course been pursued by all
others, 'I'oronto would inevital)ly have l>een taker, by the lebels,
witii the arms, bank, and all else in tiie city. Thousands of othei'
rel)els would soon liave joined them, and thousands of base Ameri-
cans would have overrun the; Province, at least so much of it as lies
westward of Toronto. The consequences wouM have been most
disasti'ous, and mucli of the evils whieli might have thus been
inHicted on the innocent and loyal would have been irreparable,
and the cost of i-ecovering the Province would have l)een inunense.
the injury' to the nation in(!alculable.
"On the other hand, I atHrm that were it not for tiie warnings I
gave, and the [irei^autions 1 took, and the personal ettbrts made by
me, this city would have been taken by the rel)els on Monday night,
that the saving of the city on Tuesday night was owing to my
having placed the sheiitr.s picket on Yonge Street, which 1 did
contiary to the positive orders of Sir Francis Head ; and yet for
tiie sending out of which picket he takes the merit to himself in
the despat(;h of the U)th of l)eceml)er last. The accuracy of these
facts and opinions I have no doubt I can prove before any impartial
triljunal.
"Of the facts not hereinbefore stated, I beg leave to offer the
following in corroboration : A volunteer corps under my connnand
ofiered to do duty ovei- the Oovernment House after the departuie
of the ti'oops, and His Kxcellency declined the otter. A number of
the citizens met in the City Hall in the evenings and mounted guard
during tiie night over the arms lodged thei-ein. The week before
the insurrection. His Excellency ordered me to go to the City Hall
in the evening of the day on which he spoke to me and dismiss
APPENDICES.
341
those guards, leaving only two oonstaUles to sleep in the buildings,
and I did so dismiss them. His Kxeellencv on that occasion said to
me, 'But that I do not like undoing what I have already done, I
wt)uld have the arms I'emoved fiom the City Hall and placed in the
(Jovernnient House under the care of my domestics, so confident am
T that no danger need be apprehended.' And on Satui'day, when I
saiy a pecuniary grant,
the (xovernor-deneral would have nnich satisfaction in recommend-
ing such a grant for Hei- Majesty's approval."
APPENDIX X.
Extract. — "The Committee have taken the Memorial of Colonel
Fitz(}il)bon into theii' anxious considei-ation. They feel sensil)ly
the difficulties and embarrassments undei- which (Colonel Fit/,(;ibbon
has labored in conse(juence of the delays which have ai'isen in satis-
fying his acknowledgeil claims on the puldic ; and have carefully
examined into the history of his case, in order to place their view of
it fully before your Excellency.
"There can be no doubt that had the intenticmof the Legislature
of Upper Canada been carried into effect at the time it was Hi'st
expressed. Colonel FitzCJibbon would, while obtaining no more than
what the gratitude of that pi-ovince felt due to him, have also
gained the means of ])reventing those embarrassments which have
since so cruelly pressed U{)on him. Hav Majesty's (Jovernment,
howevei', felt objections which the ])iovincial authorities were
unable to remove, to the remunei'ation of Colonel Fitzdiibbon by
a grant of land, though they expressed their readiness to concur in
a pecuniary grant for the same purpose.
"This, however, the then .state of the finances of Upjier Canada
does not appear to have permitted, and the c()nse(]uence was a part
of that delay by which Colonel Fitz( iibbon appears to have ao deeply
suffered.
"The claims of the Memorialist have not, however, in the opinion
344
APPENDICES.
of the f'ommittce, been at all weakoiiod by the postponed satisfac-
tion of tlu-ni. Repeatedly lecognized, and never (so far as the
Coiiinil aie aware), douhteil or (|iu'stioned l»y any out;, the very
eiicmn.stance.s that tiiey ha\e iiilheito Iteen ineU'ectiially urged,
tends to give tiieni increased weight, and will in the opinion of the
('oininittee justify the most favoiahle re(;onunendati«)n and sup-
port wliieh their duty will permit them to ofl'er and ail'ord.
" It is on this aecount that the Connnittee have ai-rived at this
opinion, that an amount of land scrip, corresponding in nominal
value with tiie live thousand acti'es of land whicli the Legislature of
I'pper Canada, in IS.'W, thougiit Colonel Fitz( iihhon entitltMl to,
would not be an eipuil compensation to that which it was at first
pro])osed to grant. On the conti-ary, besides the injuiious conse-
<|Uences of delay, tiie course Wf)uld, in effect, deprive Colonel Fitz-
(libbon of nearly one-half in point of value of the remuneration
oiiginally ])roposed.
'' Tin; (!onnnittee, therefore, res])ectfidly advise your Kxcellency
to I'eeommend Colonel Fitz( Jibbons ease to favorable consideration
at the next session of the Legislature, for a grant of such sum of
money as shall be considered a fair ecpnvalent for the laud originally
proposed to be given to him.
" With regard to the application for an advance, the Committee
have felt deej) regret that they have not found it proper for them
to advise that it should be com])lieid
Canons, on their part, covenanted to apply the same as the (Jrown
should tlirect.
"These documents form the foundation of the present Charity,
the rights of which we are seeking to establish.
" The account of the rents arising from the lands so settled on the
college was kept quite distinct by the Dean and Canons dui'ing the
reigns of Edward VI., Queen Mary, and part of the reign of Eliza-
beth, and the same were wholly applied for the benefit of the
Knights, excepting thereout the necessary repairs of the lanook, that it had l)een duly executed by Queen Klizabetli, and upon
the footing of it decided against us.
" After the decision of the Master of the Rolls, we had notice
that the Crown would not appeal, but upon representing the facts
above i-eferred to, to Mr. Reynolds, of the Treasury, and begging
that an appeal might be presented, leaving out the book, the Crown
rinally decided to appeal. We were, however, astonished to observe
that on the appeal this very book was again set uj), and our efforts
to get it struck out have proved of no avail. We are therefoi-e
anxious that a case shoidd l)e prepared, and the most eminent
counsel appear on the appeal on our behalf to urge the rights of this
important and, Ave may say, national institution, on behalf of the
army, as in the event of the appeal being decided against us, the
Itcnevolent object of this institution will be forever lost.
'• We should state that the present income of the Charity is now
upwards of t'la,0()0 per annum, yet we are only paid Is. per day, the
same as in the time of Queen Elizabeth, when the income was l)ut
£600 per annum. You will therefore at once ])ei'ceive that it is
impossible for us to furnish the necessary funds for the ])reparation
of our case, counsel's fees, and other expenses on the appeal, which
will l)e very considerable. We therefore take the liberty of troub-
ling you with the above statement, and if you will kindly assist us
in our efforts to assert the rights of this ancient national institution,
we shall feel extremely obliged.
" We have the honor to be
NOTES.
It has l)een suggested to me that the (question of wliat l)0('aiiic of
the five acres of land mentioned in Chapter X. as still retained liy
Fitz(Tibhon, may he asked, as I have not referied in any way to its
being sold or othei-wise disposed of.
FitzGibbon's many friends, both in Canada and in l"]ngland,
having faith in his integrity and confi