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Tous les autres exemplaires Originaux sont film6s en commen^ant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbols — ^ signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est filmd d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombrt d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 4 5 6 M SEPARATE REPORT OF MR. BLAKE'S SPEECH ON THE REBELLION LOSSES I MONTREAL: HIGMAN 8. DONOGHUE, PLACE D'ARMES. 1849. / II Th VIII the tcr po th re PREFACE. vi„ce. Every rell.„ti„g man ha,l ^""^fl'^^Ti^TMoi and gradual obU- ,he Government of .be country depend d "P"" 'I" »«™»"| ;,,„*k.c„„adUu ,,,,„„ of t.»sefee.j„gson,»«..^ p,„lion» of the population winch misrule an P necessity of thi. C„„.erva.ive, .he,„,eUe, »''- » j;:^- cS majority a, any future policy, although possessed of as Urge an uppe accomplishment, Lvernmcntcmhope to comm»nd, «"f ' '» 2 J 'o Juco the happiest ,hey h»d originated two "^7? "„t LIT "e^l L "?»" *^ "" °' ""' „.,„Us,-namely, the removal "^ *» '""''"f J* „curred in Lower Canada Kreiu-h language and '-^P^^;;;^:;^ ^rs^d heen carried into effect during the Rebelhon. ^h' «"« "^ *"» ""'" .^e „pe„i„g of Par- by ,h. present Administration i and »' ^'ted en J, P ^ ^ ^^„ liLent, was graciously O^'J^^^^^^^^'^^Jl^, step in carrying out in French as in English. But *= '^"P''" j^^ ^ ,,,;,, „f „„aeks upon I^X^ t:rrmrr:rm:tr,"^:ed the aetermiuation of some ^eXe; t: ove;throw the Government - w atever azar . ' Wilh reference to the Rebel ion Losses, ^^ *;f '^J'^l^,, „f i„„a„ces, „i,hthccven,sof.l,osetimcsisw=llawa b^^^^^^^^^^ severe losses were sustained "-y ■"^"''"f J ° "•f,"tt.ribuled by tlie Liberal the Government. These losses, in great part, ""! "j; J ^graceful party to an unbridled appcii.e for p.ll,.ge "^ ;P"'\,^ "X= J^cttcll them, i a civilized country, whilst , hey were J-»"J^^ *;,;„„ eircumstancc. as no more than acts of re„iliatio„, ;7™'""°""„'';,,:rlr: dispassionately; Time, however, had enabled men "^ -"'^/J^X „>r ,"»«*' *"""= ""■ and the united, settled opinion seemed to be, 'h^"J „ ^t to be reme- heat and violence insepar.blc P;^''"?^,'^^!:"™!",^, and accident died by tlie State, and not allowed o ™ " *°'YJi„,! House of Assembly felt had exposed to such grievous calamities. T"""'"'' "° ,^, ,.t, Administra- .his, and passed a Resolution author ising -'^"^■'''^'■^'''■^^J^Zi obtained a .io„; in comp«ance with that^s„lu.i.i issue^^ ^^rnLtlcment of the Report, at a cost of nearly £1000, with ^ '''" „, „,^ session, in- -iitSRiritrrc:::'.:^:-^^^^^^^^^ Iv. «nd sfrictly based upon the meaaures of the htte Administnition. Tliey liad a right to expect the oordial support of the Opposition to a measure, not only just in itself, but based strictly upon the proce^f'inga adopted by that same Opposition, when in power. But tiie introduction of the measure has been made the occasion of one of the most shameless exhibition? of political trci.cliery ever exhibited in any country. Not only was this measure violently opposed by some members of the late Government, but in the conduct of that Opposition there was displayed a recklessness of consequences never before witnessed. No sacrifice was too great, provided these gentlemen could regain their lost power. Old wounds were torn open afresh, old antipathies called again into active operation, every consideration which ought to weigh with public men was thrown to the winds, in the hope of involving the country once more in civil discord, and thus recalling, at the point of the bayonet, those whom the country had just driven from office with ignominious disgrace. In the conduct of this campaign, certain leading gentlemen permitted themselves in the use of language towards the Representative of their Sovereign, to say the least of it, little becoming; whilst their vituperation of Ministers knew no bounds. In repelling these attacks, Mr. Blake had no personal concern. The unfor- tunate events of 1837 and 1838 had passed before he took any active part in political life. But he felt indignant that some persons to whom a great majority of the people of the Province have always attributed its misfortunes, should dare to refer to that period as one in which they could justly claim the thanks of their country. And the separate report of his speech has been published by the friends of the present Administration, to enable the country to decide, upon • calm review of past events, on the comparative claim of these parties to public confidence and support. MR. BLAKE'S SPEECH.. Legislative AasEiiBLT, I5th february, 1849. Mr \Kx AKK— T rise. Sir, under tlie influ.Mice of the most painful feeling.^ to offer o fr w observations on the pre...nt motion. I have vritneased the course Pursued b^ EoVable gentlemen opposite with bitter disappointment and regret. he t,me rrt for distant,! well recollect it, when those with whom I have the honor act were me on all occasions and in every place w.th the^taunt that they we?e men of mere theory ; that my honorable friend from North York was a man of Tne idl and that one idea was Responsible Government, wh.lst to honorable rentlem;n on the other side was conliaed all the ta ent for the practical adm.n- f'tration of the affairs of the country. Who can forget the pompous manner ; which thoe gentlemen when in offic-e proclai.ned themselves to the country as Urtrue^'upporters of Constitutional Government then estabh.hed. as hey Vouchsafed to inform us -, and who can forget the vehemence w.th which ho, - ornbt gentlemen around me were denounced as agitating the country or mere partTand personal p„rposes?-measures, and not men was then the >v.Uchword. Tl3fp« Sir that having in view these oft repeated declarations of the gen- leTen oppo ie when I saw Her Majesty's Ministers in this Province meet the House wUhout a single allusion in the Speech from the Throne re^pe«t.ng the tiZTv of our Government-without one word uttered from this side the House tesoecting the principles of our constitution-a topic so fatal to the character S- a stSman.^n the opinion of the honorable members opposite ; when I saw 1 ho^orab e friends come down to the House with numerous measures all Tend ng to the practical well being of this country. I ^.d hope that honora- ble mfmbers would have pursued a different course-I did hope, S r, that h^^diTc^sing the resolutions introduced by my hono.al.le fr.end at the head of L Ad.^ nf-^tration, resolution, founded upon proceedings taken by honornble gent to opposite but two short years since-resolutions following the prec^e- K afforded by these gentlemen to the very letter; I did hope, that we i^ild have heanl something like a statesman-like view of the position of the count y and the position pf those honorable gentlemen themselves. If to-day hU to be considered unsafe to pursue the course marked out by honorable *i r«nn,;tP vesterdav I did hope, that we should have heard a frank f:^r^Z':ZJ:ittLl,., and 'a tates-n-like view of tl^t condi^o. of t^ country which has, no doubt, originated and which justifies so entire and so sSIr an alteration in the views of honorable members opposite. But, wha has been Te course pursued by those honorable members in the dis- cuss on of this motion, as upon almost all other occasions since the meeting of Ihe House ? H^s thei course been a fair, manly discussion of the measures of fLv" nrSent upon their merits ? Are they not in their factious opposition to he Government jeopardizing the well being, the very existence of their coun- rv? TheThave recklessly seized the torch of discord which we had hoped hadlongs nee been extinguished, and lighted it anew through the length and breadth of our country', reganUeas though this wanton procedure should 'nvolve in anarchy and ruin the whole framo luid structure of our social system. They, par excellence, the loyp.l suhject!« of our Queen— regardless of the best inter- ests of the human race, dare to take this torch of discord, and cast it flaming amongst th« inhabitants of the country. (Loud cheers.) I did feel disposed, Sir when I entered the door this morning and heard some conversation passing between honorable members on the other side of the House respectintr the proposition of my honorable friends, I did feel disposed to advise them to move an amendment, and propose the erection of a gibbet before every French Cuna- nadian's door, and offer up an holocaust of 700,000 men to appease the British feelings of Canada. In considering virhether I, as one of the representatives of the people of thia Province, can concur in the resolution of my honourable friend at the head of the administration, for the payment of the just losses incurred during the un- happy troubles of 1837 and 1838, I have felt it important to look at the practical workmg of the (rovernment of these Provinces prior to those un- happy troubles. I have felt it important to consider the circumstances in which the people of these Provinces found themselves placed in regard to that Government, prior to and during those troubles ; and, it seems to me of some importance also to review the occurrences of that un- happy period. I am not ignorant of the dangerous ground over which I propose to tread ; I know what risk I run in addressing those who put words and sentiments in the mouths of gentlemen at this side the House which no promptitude or clearness of correction can induce them to acknowledge, when it suits their own purpose. I know not what my honourable friendsVho are of the Cabinet may think on this subject. I speak my individual sentiments 1 speak with no other authority than that which may belong to the weight of argument which 1 shall ask permission to submit to the House. But sitting here, and filling the situation which I have the honour to hold, I would scorn to speak any other language than that which 1 should use were I seated on the benches opposite. In considering, then, the Government of these Provinces at and prior to 1836, I shall not consult newspaper histoi-y. I shall state nothing to the House upon my own information on this subject : though that, too, is tolerably accu- rate and extensive. I shall confine myself to the history of the Provinces aa It is to be found in the State Papers and Records now lying before me, pub- lished by the British House of Commons. I shall rely not merely upon the statements of those men who may be regarded as the exponents of liberal principles in England, but I shall refer to the declared opinion of the distin- guished advocates of Conservative doctrines— authority from which honour- able gentlemen opposite can hardly dissent. Upon the authority, Sir, of no less a statesman than Lord Aberdeen, I aver that, in 1835, although much had been then done, this Province of Lower Canada had grievances to complain of • neither few nor inconsiderable ";— that the composition of the Executive and Legislative Council called for immediate and extensive alteration, render- ing, as they did, the representative systt-ra little belter than a mockery ;— that the course of conduct which the Representatives of our Gracious Soverei-n had telt at liberty sometimes to adopt towards the House of Assembly of that Province, was such as did not meet the approval of Her Majesty's Ministers in England ;— that the administration of justice, that first great want of every civilized country, had become justly suspected by the people ;— and that in part as the cause, and in part the consequence of this state of thin-rs, all the lid -nvolv« n. Thej, best inter- it flnming josed, Sir, >n passing ecting the n to move ich Cona- lie British ale of this le head of g the un- )k at the those un- tances in i-egard to it seems that un- which I lut words which no ge, when who are itiment.s. veight of 3. But, I would I seated prior to e House ily aec'u- inces, aa lie, pub- ipon the t" liberal i distin- honour- p, of no uch had plain of Leciitive render- ;--that vereign of that stars in r every that in all the .«,ee. and en^olument. the entire PO- ^t^ST ^ o^Sl^-^ enjoyed by per-^^^^^^^^^ ,,Uh great confidence on the jectB «f J/?"'^iX"deen. ;xpre8sed in his deliberate instructions to Lord opimon of Lord Aberaeen, h purposed to refer more Uerstl [-"^Jy -;;- IVX:Z «i -corded i'n 1 very able Report extensively to the ^'7«^; j^^' j^^.^^ i had purposed to trouble the House upon the condition of t^^^^J;°;7,'i;,e opinions and views of Lord Durham, ith a --«;„Srd ,S^^^^^^^^^ to the respect and confidence because I consirterta y^*;" . f/ „reat statesman, who had carefully of this House, not only as f'"'^"J*V"|;;^,'^/„f proceeding from one who, from considered the whole «"^ «;*' .^"^^ J'^,^ p'o^vinces, must be supposed to have personal enquiry and invesigationrn these ^-r '^^^^^ j J ^^^^^ ^ow- Ld the ^^.''^'"itj'ZLtaZX the gallant Knight, the Member for ever, met in hmne with the »'^K"";.'j'' " thatauarter can be entitled to much *' respect— that Lord uurnamn j soldier acted as Lord ^^ period of f^i» r^^r''"\'tvftn^^^^^^^^ >v hen the honor- . "hurham had f - ^ ^^"^J^efsuch ob^^^^^^^^^^^^ ns those, does he forget, that able and B«l«"^ ^^"'8^^ 7/'^„Xm learned his statesmanship? Does he it was not in Canada Lord Durham e^^ ^^^^^^^ ^^ ^^.^ ^^^^^^^^ .^^^ fonr.t that the first effort ot *'»« >'^""; .^ ^^e transfer of Norway to public life was an -'^'g^^^j^^f «^^ ^^'.ih,™ stood foremost in his sup- Sweden? Does he forget that l.ora imperishable monument port of that great measure of Electoral K^^^^^^^ ^^^ ^^^^^^^ ^^^ of the patriotism of Lo'^? ^^^^en an effort was made to alleviate the gallant Kni.ht ^S-^""^""* /hat ^^^"J^^^^^XLord Durham was selected by sufferings of unhappy ^^^f J' J« ^trument in this holy cause ? Has the His Sovereign as the niost fitting V^^^^f^^^ preceded his appointment as Member for Hamilton ever ^ f^^^/f ^^ iie n^^^^^^^ the unanim'i[y of opinion High Commissioner in hisco^^^^^^^ ^^^ ^^^^^^^^ to serve his country m amongst men of all parties oy wuui i-:„t„-„ ? Whv. Sir, Lord Dur- that cHtical and most ^^^:\^;il%:^,Z^^^^^ at' Portsmouth ham left this country on the Is of ^ovember^ only assembled on the 6th of on the 26th of the same '""°^»- J^TJ^^^^^^ dayf before the Speech from the February in the following yea % «"^ J-^\\^^^^^^ hi. Report already printed Thronehadbeenanswered Lor^^^^^ ^S^^ up in his place in the House by the permission of He^^ 5?*J^' ^ ^^"f .L Treasury why his Report upon Ca- of Lords and asked the First Lord of t»e A^««^^^^^^^ Lordships' House T nada had -t been even t^^^^^^^^^^ And we are told that* statesman o circumstances, without even a pe- important, published this ««?«/*' «"Jy,"/„Jn of the learAedKnight comes to msal a Here, Sir, however the «J f ^ f "Tj^^gt hesitation, that one-half of his assistance, and ^e inforn« us^Uiou h^^ea^^ character the gallant theReportistheworkofa^^^^. Wakefiem^^^^^^ P ^^ ,^ „ ,^) ,„a the Knight has described with his own pecunar / Secretary of Lord other half of the late lf"^^"*f ^^^ [.is hadUpk means of becoming Durham. That the l«f^"f,^'^""l''^f he former gentleman I do not at all familiar with the character ^^^^^^^y?" ^^^ m^^^^^ do in the events of those doubt. If the opimon of P^Jf .^^^J^S^^ from Hamilton and his friends times be worthy of any reliance thega^^^^^^^^ ^^j^^^^ ^^^ ^^^^.^^^ n 8 been only candid in the honoruble mombcr to avow frankly that he makes the assertion wliich he has adventured, upon the authority of Sir Fruneis Head, and surely, this House will not forget that information coming from uuch u source is Bomewhat questionable. But though the authenticity of that Heport did admit of any doubt, all candid enquirers will, I think, confess that no such doubt can exist respecting the Despatch of August, 1838— a Despatch strictly confidential, written at a time when no difficulty had occurred between the High Commis- sioner and Her Majesty's Ministers — a Despatch communicating in a manner the most unreserved, the information which Lord Durhiim had obtained from personal observation, und the conclusions at which he had arrived from such information. And, as candor must admit that the opinions expressed in that Despatch were the opinions of Lord Durham, so I think this House will believe the Report to which I alluded to contain His lordship's deliberate judgment, so far at least as that coincides with the opinion to be found in the confidential Despatch of which I am speaking. To this test I am willing to submit. Everything upon which I rely in that Report, will be found amply con- firmed all through the official con"es|)ondt'nce of Lord Durham, in a way the most convincing to any one who will prefer clear, internal evidence to mere interested statement — sound argument to idl" assertion. In the opening part of the Confidential Despatch, Lord Durham observes : — •• My Lobd, — The information which my residence here ba» enabled me to obtain as to the condition of the two Canadas, is of such a nature a8 to make me doubt whether, if T had been fully aware ot the real stat« of affairs in this part of the world, any considerations would have induced me to undertake so very difficult a task as is involved in ray mission. I do not, however, wish it to be understood that I consider success impossible. On the contrary, I indulge in a hope that if the difficulties and dangers that are now so apparent to me are appreciated by Her Majesty's Government, so as to lead to the adoption of measures sufficiently comprehensive and decided to meet the emergency, the objects of my mission may be acccm- plished. " My sole purpose, therefore, in adverting to circumstances which threaten a difficult result, is to impress upon your Lordship ray own conviction which has been formed by personal experience, that even the best informed persons in England can hardly conceive the disorder or disorganisation which to the careful enquirer on the spot is manifest in all things pertaining to Government in these Colonies. Such words scarcely express the whole truth, not Govern • ment merely, but society itself seems to be almost dissolved ; the vessel of the State is not in great danger only, as I had been previously led to suppose, but looks like a complete wreck. It is needless to point out the wide diiference between this representation and the opinions on the subject which were and probably still are held by Her Majesty's Ministers ; but since one who hud the benefit of whatever information they possessed is nevertheless compelled to acknowledge that the truth as it now appears to him, differs so much from his previous conceptions of it, what can he infer, but that distance has precluded them from acquiring an accurate knowledge of the whole subject ? This is my belief, and it becomes, therefore, an im|}erative duty on my part to convey to your Lordship the exact impressions which I have derived from personal enquiry and observation. I will not shrink from the performance of that duty." 4f i- And after the discussion of matters with which I do not desire to trouble the House, the noble Lord continues: — " That this should be the case is really not surprising, when one discovers how all the powers of Government have been neglected and abused for many years past in this Colony. Not to go father back than the commencement of the serious differences between the Canadians and the British as such ; since when, the two branches of the Legislature have neglected their proper functions to pursue the contest between races. A. long time has passed without any thing like beneficial legislative laws ; not a few of the many evils resulting from this perver- sion of legislative powers have, by a very natural mistake, been attributed to neglect and corruption in the Executive. At the same time, it must be confessed, that the Executive has been both neglected and corrupt. I need not remind your Lordship of those flagrant instances in which the Imperial Government has been led to interfere for the correction of administra- tive abuses ; nor is this a fit oocuion for entering on that subject in detail, bnt I am bound to I 9 aa.l Imtlhn (lovernmont ..f thi8 Province, including ihe .vdminUtratiou of Justico. h^^^^^^^^ ,^ ta'i. ed ho rt.Hpe.it of tho poopUs u.ul that according to all my information, there haa been umpi" ground for tho dintrust and .suspicion Mith which authority m regaided. Now Sir, th.iro is no lanl^cou d cSe itself to th^ne'^^rS of making laws, and look on as a passive or Si^^^m. pectatoT^^^^^^^^^^ l-^^vs were carried into effect or evaded, »nd l»}« >vh»le Sness of tCc mury was c.mducte.l by men in whose intentions or capacity .had not the may not unfairly be said to have been one of hostility to itselt. Again at page 30: — . . . ^u » "It is difficult to understand how any English Statesman could have imagined that repre- sentative irresponsible government could be successfully combined. And a little further on:— T7r«noh. .. To suppose that such a system would work well there -Pj- ^^^^Vf.f^StJ Canadians^ave enjoyed representative insututionsf^^^^^^^^^ of the characteristics of a free people v'»^a'E"S!'«^"/VnXs "on freedom is utterly chan- feeling when they enter a colony, or that the spirit «f ^"J 7.^;^';'^ J^ jf "™t'*ppears; there- to acquire control over the administration of the ITovince. I am loth Sir to trespass on the patience of the House with any further reflenceTo'this'documenl but as the Lbject is one of vastmportanee .n the decision of the question now under the consideration of the House, I shall ask permission to read another passage, and it shall be the last. "I do in the uniform | •mission to read another passage, anu it aimn «« "•- •""- «l 10 the realgreviances of the colony ''^ ^Jep-irtmeut of the pubhc service, and constitute dangered the security of nil • thouLrunarj;? ' ^^?y ly^"? h'ndered the prosperity and en- ally been retarded by mis-govfrint aKe Tn^i^t^ officers of the Executive cLrnraent noTmnortJn^ .^'^^.the highest to the lowest vigorously and completely thro™ut r prEceaKr ""'JT''^ «« *« "<=' owes to Us subjects is imperfeuly discharged." ' ^^""'^ '^"'^ ""^'"^ » government thf HiT:\v^:;,Lpf 4V: j^,j -s- ?' ;""""^'^ ^^"^^^'^^ - ^oti. sides of thatgreat disorders lid exisSiS^^^ "^'^ ''f ."?' ""'^^^'^^^'^ ^^i^^^n^e* 1837 and '38. Havri not fhewn fh«. S^'^-T'"* ^^ ^^^'^'^ Provinces prior to very key stone of E„il,"h 1 bertv wl h 7^' *" T'^^^'^^ public pu?se, the not^sheL that the adSJiS orj^s^ etrw'crj'l •, "^^^ ^ gravely suspected? Have I not shown t>,. ft i?! ^"wer Canada at least, was, Executive Luncil vvassuciras to lenJppn P''"'"" ^ a mockery? What vistil lad we of tt. °"^!:«P'-?f '^t^tive institutions almost constitution, minister Kp^^^^^ ^^^^^e of the British archical and democratic prE es !^^^^^^ feature I say. by which the mon- each in its place harmoniEv £ Jff r ?" f ^^P'^^ reconciled, contributing «ble gentlemen 4pos?te;te^,ref^^^^^^ I ask honor? England for onemomen^ I a k them wl.!?^ v f "''"^^ ^^'^ continued in But, whilst disorder of sograve a chaScTer.S;H-"!5**° ^""' ^""'^""^'i h«re? Tince, whilst the very ZSes ToTZlTf '° *^\g«^ernment of this Pro- such as could not faU to nrodfrL^S-^ '*?*!?"' ? *^"" contended for. were the very existence of ou? wftutinn /^^^ ^''''*^7 ^"*^' '^ '^^ «t«bility, to or power to reconcile the ZeroaaSe Z^h r ''"' f"^!^'^ ''''''fi'' P^^'^^ peopled And vet whikt frZT -^ ' ^'''"'"* '^'*^' '^^ ^^^^^izes of the fhe^gravett duS of puW^^^^^^^^ "ghts, whilst negating referring to this unhappyperrod ^f nrhf ^'"''T'" ?P^''*^ ^'^ continually conductltad rendereftKorihy aH pS '' Ho'nt* S"^ PT'^°^ P"^"« side the House are taunted in a manner f • .honorable gentlemen on this parliamentary, as though thefrWnn? '°.'"«"Jt'"ff' and in language little had rendered them justfy obnoxious to ^^^^ T¥\'' "^*^^ ^"^'^^^ til'erty, to tell honorable gentWn opZsiS^ I^I^all, however, take leave affect, guards the libertroJthSectwthr "^f^ ^^'^^ '^^^^ «° "^"^^ which it protects the prero^adve of tt Trn V** ^T' '^"^^ *« *^^* ^^th ready to extend and sLn'th n thfpreL^^^^^^^^ That loyalty, which is ever limiting the liberties of° tl^ peXTlt / ^^^^ Crown by stinting and not result in strenethenino- fl,f Tn' !• ""* .^^y^^tyj »t is slavery-i? can but must tend trw^^L'^ll ~- tl';' roT^H"^^!? ^"^'"'^" depriving them of their rijrhts as BriV^«l, 1 !• f'^^P'^f this Province by they so ardently love. If honorable »ln I *''' "" '^' ""^ ^ ^''^ P^^P^^ into the page of history, tW would find 7 m ""^V''^^ ^""^^ ^««^^ '^ «**!« which I havt described,^has earned for^lll* '°^f'V^ ''^^ P^^"""^ «t«'«P of a very different cha acter from that whiof T 'm "^^ ^"^''^'^' '^"^ ^^^"^ hich has been icri- is-govemment, the rated the manifold w, and constitute id it is not one race prosperity and en- have most materi- tiest to the lowest janised as to act ich a government >n both sides of ibted evidence, •vinces prior to iblic purse, the 3ed ? Have T ■ at least, was. Legislative and itutions almost of the British fhich tlie mon- i, contributing ? I ask honor- e continued in )ntinued here? ntofthisPro- ided for, were le stability, to idle gentlemen sacrifice place 'terCzes of the 1st neglecting re continually jceding public lemen on this inguage little itish Liberty, ?^er, take leave hey so much 1 to that with v'hich ia ever stinting and very— it can th England, Province by • free people look a little euliar stamp id, but fame len opposite, niceived that ercise of the ' subject, th© 11 infamous Duke of Alva, and truly in his administration of the affairs of those valuable Provinces, he lost nothing of his well earned reputation/or %«% gn of James II, when that struggle between the prerogative of the Crown and the hberty of the rbiect which had now continued through several successive reigns, was about o be closed; at that period when the perfidious James had prepared to trample undt foot ?heliberdes of the people of England ; did he want %«? subjects to carrout his mo.t disloU designs f Why if loyalty be themainte- nance of the royal will, regardless of public freedom, who more loyal than the Xmous Jeffreys ? On that fearful bloody circuit which followed the Mon- mouTh reS^^^^^^ whole progress was marked by themang ed and gibbetted Tmains of hundreds who had fallen victims to this judicial massacre ; and Zn his return to his Royal master, he could boast that he had brought to the Sold more victims than^ll those who had preceded ^^^^.tl^^lT^ Conquest. Ay, Sir, lest honorable gentlemen should .^^^"^ ^^f* "1 loyalty is left without its reward, let them read here, m hig ' Patent o JNobi lity! the acknowledgment of his Royal master for these Loyal Services. Windsor, September 8. " His Majesty taking into his royal co-ideration the many ~^^ which the Right Honble. George Lord Jeffreys, of ^^^^^^^'l^^^^^ Jfe.^ed memory, as JrnclStjSy^re;^^^^^^^^^^ of the Grrat^SeJl of England with the title of Lord Chancellor. Amongst the victims of those times, the mild and chivalrous ^^^^^^ firm and%atriotic Sidney, fell a sacrifice to thctr %«^';yJ^^/\\f;";^^/,to Historv here however, also records for our encouragement, that while tno he had offended, and only escaped the most ^g"^^"'^"^ ^" J^^J ,7 S^^^ M 12 messenger from the Legislative Council iiiterrnpted the proceedines for n fnw minutes.] The honorable Member oropppflo.! • T i,„„ c- , ^. " ^,^ of the oksive position of excE w [y wh^^^^^ that in speaking opposite always think it proper to assume- 'know tlTri ^''"'^''"'!; myself with warmth; but I arS not ashamed of that wJmh iZ "T""''^ here to learn lessons of loyalty from honorable rl I '! • t ""^ *''''"'' feeling of my heart. a7d I trust mv frm ",'^„Q"''" '\t''« strongest and dearest mayberequi^-ed ButLonfess siT.f T 1 "'''^ ^« ^^'""^ing when its aid be Wof honorfbt geTSn'o^^^^^^^^^^ whlcrjiK'a^^^^ Tuf'' peculiar zeal for the prerogative of the C-ZTt ^ "' "* ''^ ^""^^ liberty of the subject ThlH^, J*U'-T\ ,*^'^'*/«''dy -to sacrifice the the assumption of the same mawk <=h loval v „l V- ' ! ' fated people, by dark and enduring stain eichteencentnri<.;f,f „»f:„„ i i "'".''";"" "«™. whose suffering hate not been able to eff?™ R r ""L '""',''""'°" ""'* "««""«' not of British growth True Lw* lovfuv ^ "'I ^''- ""' "°" "^ '"J"'"}' « and the constifuti™ Bri\w. iov hv T ETn "J",! "'"°° "'"'^ '" "« Crown tyrant king the great cClVT'r;^«dl"nWrt"'""A7st Zb^ '"'" ? !^terfnhifiri^riP™^T-™^ have betrayed thfl bert es of tL d eorTF'^""i'l'''^.P'''^^^S«''^ -«"1^ loyalty regLing with ven'raL thS;erel„tf.h ts bit m? '"^ '^^i*'^'' jealous of their own sacred liberties obtain ed^Lt^v^r •. *'•''. """^ *""^' constitution-" The Bill of R5M i« " ti.l. i ^'"-P'''''* recognition of their which has renderecl ou pre.en?sSte m.^trSTtf' ^"P^''^^'^^ constitution, her, thanks be to Ili-aven' soH.I nn^ .nf , ^ '^°'"^*^' ^"'^ ""^ preserves monarchies of Europe? ^ entire amid the crash of the mightiest I for a few n speaking gentleraen expressed not come t was born 'ual wrong tlemen op- ind dearest en its aid the would - t all times orifice the us Cana- ry, lashed \. moment m ancient upon the ded down lling it to Province istory has ror of the )stnte dis- )cure, had Religion, en judge, petrating abined in leople, by r feature, reluctant I through id, whose national loyalty is le Crown g from a Jarons of our con- demand- t Acts of iive been le same e, would t British me time, of their titution, reserves light! est 13 Rut whatever may be the facts of this claim to exclusive, ""aPP«'oac!;''j;« 1 .^Uv^t UP by honorable gentlemen opposite, the gallant Kmght, it seems, has vJtSLtitk to adopt the^one and language which he assumes m this House CSant Knight, it^seems, has done great military service, and "jy honoraWe Wend near me, the member for the South Riding of York, has coupled the name X Sarkni-ht with that of the illustrious Wellington. Whenlheardmy fearnefSa allude I this remarkable historical parallel, I was certainly struck by Us pe uliar fitness ; but it did occur tomethatmy honom^b efnend m,g^ SlS:^W^ f^ny^^v.^ S; w'm veS by ht Litg'fe's of Irts"? Ay, Sir, 100 men in buckram z."Lrs.SvVr;Xt ore «XbS^^ gallant knight— " The King of France, with 20,000 men, „ » Marched up the hiU-and then marched down again. I am far from saying that the gallant knight performed his military services in the same Tabby fashion, but'the lines which I have quoted were certainly " tni^^rhl" inT-cXd to the recollection of this House, the position S^fteld rh::^ed th^^^ public auty during that ev^^^^^^^^^ Sine pie of our constitution with the other principle, no l«s«f.^^«^*;f^' ^^^J^;' IL'g^.hSt' I ar^Lned, Wa .he f-- Mta„.e of Coune., „f 1 s^fi—did mv honorable friend perpetrate an act of which he n»»J«™°" t ie aiamX did he not rather" nSbly «>*-f ' ^-i'/^^Sy Uin^d tial privileges of freemen, which it was no less their bounden, their saciea y ! ! 14 land matters, wlulst the affairs of the country a?rwiM ?"!,"! °"'" "^^^'^ "?«" ration am advice, is as imperfect a fuimnWoftJp'^. ^"^"^ '^^'' «''"«'^e« Provmcia IParh-ament were summoned once 1 1- ^ Constitutional Act as if the and immediately prorogued upon ansvvei"n^ tUV '"f * '5' ^^''^' ^^ ^he law, n^eanmg and spirit of the Constitut Xal Ac^t r nuiri'f^^.. ^^ ^'''^ '''''> ^he have a general and practicable opponuX^^^ Council to advice upon the affairs Ttt Fo„n. J ^'fV** *^« Executive Representative of the King can withhold tl^Rn^i a^" H ^"^'"^^ «««« the in the other reject the advice offered but their ^^^ T' ^''"^ '^' ''•"«. «nd be constitutionally circumscribed " T 1; i * '^^^^P^^tive proceedings cannot tiemen opposite, I will venture to ask t e hnn"'' k. ''^ *^'^ honourable gen- whether my honourable friend wh.n i r honourable member for Toronto that he could not condes nd tlitTn his S ^ ^""'"'''^ *° ^'' *^^«"«'"« ^^-^ apportionment of the domaiW tV. P T' ^' ^ ™^''« '"'"■'ster for the the position he then occuS n th CoS 77 '« ''"'"?^^ ^''^ ^^ose filling consulted on those great interests of hi, n! ^^ Sovereign, the right to he and prosperity are involved Task w !. T' '" "^'"''^ ''"'' P««oe, happiness demand did n^ot evince sterli^^^^^^^^^^ consulted, disregarding personal motTveffi.!'-^ ''^''^'' if all those*then to their Sovereign and the country ' T .1 "I '.f '""f ^^"^"^ f'^ithful through which we have passed mi "ht^not Im^p' i. "'^'' ^^""^ «^^"l «ri«i« for Toronto said he hud not been in SirFrJ ^ rr^'^i! T'^*"^^ (^he member that the honourable ffentlemanM '^"- Franks Head's Council.) I know Sir again ask him, whethfr " Ht Tot • "1 •", ^'' ^"'"^"^'^ Head's Council but I and which Sir'FrancrHe^d tXla^ S^ ^"^"^ «'-"-d! of the constitution; I ask, whether thp IZ i p' ^^^W^lty, the subversion oppose which, the country was suLttpdlT,^ °^ i»y honourable friend, to yet witnessed-.o oppose whSithrelection^f'lTi' ^^^'«"t "g^tion we h;ve most unconstitutional— to onnn<:« «Vk- i i. ^^^^ ^^* ^a^ied by means the such zealous and untiringTdlT ^fk whT'^^.r^'r^" opposite aff'ded which It became a British^surect to makl^^^^^^^^ was not one Now 'S' r'''^' ^'''''""^ to concede? ' "'^ '' ^""'^ ^^''' b««» be- men opposite, S^^e cond^cToVthl"' 'It '\' «°"d"''t of honourable gentle- Again I appeal to the recorde^olonTorjlos!"™.,^ ^'"^ *^^ '^^"^"r^^ act. House with nothing restin/nn ^ * '^^^"^^^'0^" 5 I shall trouble the country, but shall rely o d^cumen^a? '* -i""'"'' .^'«^«^^^ notorious to the authority. When the^Upper CanSa i '"^^ n"'% ?^ '^ °^°«* unquestionable to lecture the people of W Canal T ' ^"^ ""'*' ^"^ «^* ^ '«« ^ ^7 honourable'friLd had o onranrsVeLn?:!^'"''"""' P""^'P'« '^^ -^ Assembly in the early Dart of th?,v ^1 earnestly contended, this House of were about to discuss^^n^tfeanTuat^^^^^^^^^ Canada i„ their claim upon the Si. Pr^^ by the Assembly of Lower Counci directly RespoLfble to L £* '•^'^•' "'^«'-«ndcrtheExecutTve jnity with the princii^es aiuTp rac tice S" tITv T '^ -'^^ P^°P'^' ^" ^^onrJV ^n ho United Kingdom." S fis a nHn' f ''"'''!"*^"°' "« ^^ey obtain England's greatest statesmen have said thnt^l '^^ ' /•" ^'^' ^^^""«^« «f which ^ 15 parnesUy contended. Honourable gentlemen may have doubted of the necessity, they may have doubted the prudence of yielding this principle, though so ear- nZy sought after. But surely no man could fairly have treated such a demand as disloyal or unconstitutional ; surely no Governor of this Colony, but above all, no body pretending to represent the people of the Province, should have made ?he pressing of this demand, the ground for proscribing some of the ablest and most enlightened men of the country. But, will the House suffer me to read the recorded opinion of the Commons of Upper Canada : « The question reLmrding the Executive Council, it is perhaps unnecessary to discuss. Never wasThe pubiropinl-on mo?e clearly, more emphatically expressed than on that very subject, Tt the late ceneral election. A large majority of Your Honourable House was, as Your Com- mittee Smfybelte, returned as advocating'principles and opinions diamerically opposed ?^ hose contained in this 2nd resolution. Your Committee, however, cannot let pass the oppor- tuJitV of expressing their opinion, that the Governor. Lieutenant-Governor or person admrnis- T!„l the the Government of this Province, is entrusted with the exercise of the Royal Preroga- ttvTwithln the same? and that he (and not the Executive Council) is constitutionally responsi- ble aTwe o the So^^rign as to the people of this Province, for the impartial and "F'ght per- formance of the duties of his office ; a responsibility essentialto the preservation of the rights and liberties of His Mi.jesty's subjects in Upper Canada, and which it is the imperative duty of their Kepresentatives to maintain and enforce, and not to suffer that responsibility, so far as feoendsSheoi. to be weakened or destroyed, by transferring the whole or any portion of it toS parties^ and that any attempt to transfer to the Executive Council this responsibihty, Sid as aSessary consequence, the power and patronage vested by law in the person admin- * AfL thp GoveVnment is in derogation of the constitutional Charter, and would be dangerous TJMie^T^^^^^^^^^ ^ious to the stamty of our social and political institutions, and Zterly destructive of the ties which attach this colony to the British empire. In derogation of the constitutional Charter and dangerous to the liberties of the oco«/e'//— Without the clearest evidence, Sir, I should be ashamed to attribute Buch sentiments to any gentleman within this House; but had I not before me this volume of recorded judgment, the House could not believe, the country could not believe, that a body professing to represent the people of the Pro- vince had in 1837 given utterance to doctrines so slavish and degrading, so utterly subversive of constitutional liberty. And yet, this report has appended to it, the respectable name of the honorable member for Toronto. I ask h.m whe her he can at this day support these opinions? Are these doctrines, jl"chhe Tn at this day maintain? But, lest the House should conceive that tins sentiment may have inadvertently found its way into the report from which I have auoted, I shall refer to further reports of the Legislative bodies of Upper Sa. The Legislative Council, when called ^^^^ in 1838 to Report upon the state of the Province, says— "If itbeDossiblethattherecanbe in any quarter a desire to make Upper Canada the tbeafreforfnTxperimentof principes, which it may be falsely imagined are more liberal !nrl t^Jr Vr thVn those secured by our present constitution, we earnestly hope hat the ms- dlTp J ' en" Sthe good seLe .,t^he British nation, will rescue us in time irom tie danger which .ureatens our liberty and our peace. And again the House of Assembly, in its Report of the same subject, says :- » No sooner had Mr. Eolph and Mr. Baldwin (with whom also was associated Mr. Dunn the trarVtoalUolonialSe%nddistructiveof t constitutional authority of the Sovereign bTUdeirevery part of the Government dependent on the democratic branch of the KJXture^tonc/ convinced the Lieutenant-Governor of the real character of the men LT^*'"J;K'!nTnnp'rd "fre to roconcile conflicting parties, admitted to his confidence, and ni 16 and resolute in acting upon its suggestions." intelligent mind. anJ was prompt thifSovte^n'f83'6"%rd"tt^^^ ^^^ P-pIe of refused.-when they saw' the?r leade s de« 7 n J'"r?' preremprorily rebels by the Representative of their LveSwlfpf"^'^^ as traitors and tat,ves of the People unconstitutioTalf/as Sld^'L'^i 7/ affir™.ng every doctrine announced by SIrSci Head how T'"''^' ""* ""^^ doctrines might be to their dearest riX«. • w , A ^^^^'^'"^^^oe^er^^uch ceeding in advance eve.rof Sir Snl H.«d « IT ''''^;'"^ '^«* House pro- of the Royal Prerogative-when aThnn? ? ' f- '''''.'"^"'' ^°^ ^"'•*'^«»- extension I think, Sir. I may assert that rdJr«^,?>. • '''''''''^^'^^^^ remedy seemed lost- of irritation. S tL gata T^^ '^''' ^^'^^^^ ^''^'^t ^^use long list of Governors of^Jhisk^vS whT^'' u"" ^^^"'•^•i »« ^ith a Royal favour, and the eallant Kn^hi ?' • /'"I^ ^^'" distinguished by the to his uniform support of ^ I ?p .^^^^^^^^^^^ -dit justl/due of whatever political bias-when I sav PvZt p ^" '" *^^ Province, learned gentlemau-the HouTe recollel th7in r''"'^*'"'- ^ ^''""^ t''^ George Arthur's name warmenSed nil '"J*"' '"t"" ^'^^ ^^ich Sir the origin of that feeling andTshr„.V ^f^' } "''^ ^^ "^^« *« P"'"* out applied to the noble Lord! th'prLent r" * ^^^^^^^^^^ ? ''^%'' *^« obsLvations m this Province. But this mnob T Tii ^ ""^ ?"'* Gracious Sovereign by honorable gentlemen opir of ulinl'T' fJ\ ^''''''' introduced Queen in this Provinr-i Si ° toward the Representative of the listen to, is Lun;riL nttU^^^^^^^^ ^T foo often obligedt niode of conducting the business 'J/' ""^ff^™'"^' «»d must result in such a niust deprecate. The Government of thel.^?'' '' '"^'^ ^*'"°^^'''« '"^'"ber dium of a responsible Minil^yTs ei?^^^^^^^^^^ «" ^'^-g^ the me- m honorabe eentlempn tn nL^„'^,,;."^°"^" "e more const tutional which they arf re'pTnXtolr^^^^^^^^ '' *^« ^'^^ the acts ^ol the practice which honornhlp„!„^f?^ , ^ Province, instead of pursuinjr been' drawn asid^rorS e? r T ^u?! havf was about to mention that tVll]uJv'^l?^i ^^''^'^ ^ ^«« pursuing. I honoured Governors ^^Uh I ^ -^ ^"¥^' ^'"^ '°«^"'^«'i '« the catalogue of I badthoughTrar'atThis dTetri^tS^r ^^^'•' ^''""- country, had learned to view that hnnLoTi % ^°S}^^^> every man in this affairs of this Province wlthTustrLr^K.- ^^'''«»«t« admininstration of the is still as devoted an'doll^^^^^^^^ ^ut at seems the gallant Knight himself to the confession Ssowrcreedn^f.^ the gallant Knight confined tented myself with exprLsh^ T hZ f 1^'' '"^J"'*' ^ ^^^'"^'^ have con- gallant Knight informs Te Sfuse hat a Tn ' *^°"^«f ^'^^ ^ut when the the affairs of this ProvinPp\.. ^ ^ * Governor, whose administration of with an eloquence worX ^^ the British House of Lords could now hL tiL Tote aLon^ t^,?"'' ^'^^^^ N^"'^ to God that we that a Governor, to whTr^ ^hTfoltrrT. -k ?' ^u """' ^""'Sht informs us, most unhappy period of n^.^ country attributes the unnumbered ills of the regarded by^orgracfous S^t •^''*''^ ' *^"* ^"^^ "^ ^^^^-"^r, I say! wL I could not reprefs mv in?- ?-'^" as worthy of all honour and rewL!! Head;s entire SSm7nt"ftrper6ana'^rwt° ", ' ''' ^^^* ^'"^ ^""- opposition to the instruction of E Ma?estvrColonii?f}'-'?^ I do, from the evidence before me! ^ZZf^:^^!,^^^^^^^^^ 17 „rMnn of our constitution, the annihilation of our dearest rights ; finding here In tCe Sta"I Papers, an expressed intention on the part of that Governor, to effect a purpose so%at;i to all our hopes, through tlie n^edium of a subservxent ettect a P^^l*"' , . Assembly of 1836—1 confess that I could not repress ^.TJl'S^^tll^^r^^-^^^o.'A be .* ...1,U J«y. «o ^t Ae ^ , «f Aiir trrflpious Sovereign ess dear to us, and to transter to tne SS InLft rrep™bation%vhich has been felt, and justly felt, agamst thi Goverrment of Sir Francis Head. And I rejoice to tell the House, , tn fill Te country of the debt of gratitude which we owe to our gracious So ereign. J e oiS be abi: to shew.^upon the most undoubted authority, that had he Uberal and enlightened, and patriotic views of our gracious Sovereign I inrr pTout the saddest period of our existence had not darkened the page we?e rewarS by the title of Baronet, conferred upon him during his residence wererewaraeaDy Knight read the correspondence touching that Si Baron^cy-ha¥ inform°ed himself of the pertinacity with which EdmLdrover^^^^^ pressed his claim to that distinction, even after ^thadbeen rS after dTfficuuL and differences respecting the course he had thought p/oper to pursue had resulted in direct disapproval ol his Pf ^y-l^d the SXnt Kni-ht seen how this honorary/ distinction yvas begged-almost bar- K ne"J foi 1 e wouW not have insulted the country by his observation upon ^hTsublec;. I^arnttly hope the gallant Knight's honors have been won xn a 'Tsdfst ttfsx"; Francis Head had violated his Sover^^^^^^^^ said tha he meditated the subversion of our constitution; and were xt "ot for the time Sch I have already trespassed on the patience of the House, I might time wmcn ^ "^vl uu / , / ^jo^g ^he entire official correspondence of ZtJririlTmi^^^^^^^^ to read but one or two passages tlxat P®"°*1- ,\f,; _^„. -.j^n, ^hich 1 have ventured to state, evinced in a le^Sh, the House will permit me to read the followxng paragraph. " You propose that the influence and authority ot »"« y":^™"'^' , jr; j.j ^]^q Province, should be^xLised in the retracting of \I?l«^fj"K^2„'e^^ ineonve- I must answer that there is no danger wh^h ^^.^^^^.^if.?^^^^^^^ reproach oi a breach his royal word." „ „. r< • xt«„j *n Sir, I have not been able to discover the Despatch of S^^ Franm Head ^o which this one is areply; but I think X may T-\"- ^^tr^don o Z^^^^^^^^ nor whose administration is so much the subject o^ a^™»™" .\°. '^p'"^ rntWn opposite, had in contemplation to deprive the people of ^^"^ ^f °^^J^^ !P that entirfcontr^l over the public purse, which our gracious Soveg^^^^ Lught it right to concede to his Canadian subjects, ^ «onf «/'«» f ^^^^/^^jf^^J T4 a sanction no less sacred than f; Mj)esty s P^^g^^^^f ^^^^^ may assume that the House of Assembly, t''«_f , ^J^^'f". , !„ Governor and guardians of the people's rights, was the instrument by winch the l^over C 11 18 purposed to effect this dark dp«iVn tr i^. in their loyal alacrity to susta^and ci^I^r. '.?'"*''"''" °PP"«'t«. '""J glory fe of the Royal PrLgative^ thtZZZlT ""T?"^' ''"* '•%«/^^-^ fearlessly tell them that they xoere QuiuTofZ "/ '""' '"'"''" 'constitutions but I tell tiaem that their pronenesa to susSn- ti^?n f '"'T" ''^ ''^"'' '^""^'^"Z- I was the unhallowed purpose of thrr ^ • ' "*"* '^'^^ *^*« Royal Prerogative it Will-is not loyalty bu7srarry ^S ;Si"^ "^ '^ Royar^st;; representatives of the people in that divb.S ? , "' '"""""'^'^ ^^ ««'"« of the who more loyal than Strafford ? Whef dJd e n„ "^f^ '" '*^ S^»"^"« «^"«e! country, against his duty to the Cro wn^ Do CT u '""^'t '''^ ^^^'^ ^o hi that hey were more ready to lend their t^-J\"^'' ^'"^^'™''" ™««n to say constitution of this country than t „'™P«"«habIe monu- blooded apostacy of Strafford remainrar/r^^^^^^^ of h.s country, whilst the cold- that I should upon light sroun^Tnh •' ^ "* ' "'* execration. God forbid 1836 tlie emulation of af "X e 87crarth-""^"^^ '' ^'^ AssemS; ^f which Ihave cited-considerin7theread;iSrof tll'tT'^'l^^^ ^'^^ P'^^i"« most unconstitutional doctrine then nroL^inip^f"^''"™^'^ ^" «"tatrip the nnwiUinff w!fh-!,?f • "* " "°'^ passing. Without di~t • f ""^ cautious foresight, ■» r r „i,anco whatever saerihce {"ie'l'^,'^'™""^ loose, by Sir FmLisAL, which .■Jr"fS2»bichW Glen., here p^^^^^^^^ 7:^^':;r^Lf:iS7lTof:i^ „a%r.-««c«, » oor« ««o« Jnitn of tne ^''o'^''' „' „ ^^ Canadian ever require ? Had the of every just demand. y^hMv^^^^^^ ^^^ confidence of and paternal message mlushand^^^n^^^^^^^^^ n^^^ ^^^^^^.^^ ^^^^^ ^^^^^ *""S.'' Frl what nurrtl ouTropposition have sprung? Peace, good go- praise of the country. ^A"^,^^';'^*'^^^^!^^^^^^^^^ to stop the eifusion of blood ? the dfsWected but the entire libera P^^f^^^J^S the^^^^^^^^^^ be no valid reason for that severity otpuni^hmen^^^^^^^ b only could justify. [Here Sir ^ -disctoed^^^^^^ ^^^^,^,.3 tions, and iisldng to be po.ned out the pai titulars^ those painful The honorable and gaUantlvn.ght disclaims takng any pa^^^^ F transactions, and asks me to point to the P'^-^'f^^^/Vo Vot ,f the JuSges of honorable member charges upon my '^b«?"5,^7^tCt advice The hon'orable the Court of Qu' 's Bench, tlie -sponsibil ty « f ^{^J^r^^j^^i^i, ,he au- and gallant Kn ^ -l^^^fj^^^toJ^M. friend, would he were now thority upon which I rely. Ana as lo u> known how to reply to here to defendthe advice he then gave; ^^ ^.^^to sarthat a more hu- Ill } 20 beyond what iler Ai^jest/rY/i,' 1 ' hou'^f to be'"'' capital punishment justified that necessity by a reference to thr «fti '. /«?"'«'*«. but he ever gallant Knight always acts and fPvlnif" ^ ?^ *''"'« ^'^^ «^hom the of Lord D^Hmm^sISic^r t' to stav the fnS """^7'^ '^' ^^^''" '"t^^position have any desire to represen't Jhet^du pttd af Sil'^' ^"' •^'l"* ^ provocation; I know there was eravn nmvn, !/; t V "^"^ "^ ''^^*^'"« ^^ithout I know. too. how natural ullrZl t'o Hin^ to'he IT "'j' ^'^"""* '"''"^^ ^^' have long enjoyed; I know how h^lni y "Lent an"! St^rf "'"''' ""'T^' '^'y circumstances, as injustice Hi.t T o,r, r!^ J^ . " ^"y interference, under such ..d .he re.,„:,;, „,,^^Z ■.t^JZZZtl^^r.ZC' f""^ r'"=^' cede. I must lake leave to reoeat th«f in ^!^^ 1 T , ""^ ^*^ disposed to con- tlemen opposite, prior duHnrnr J f P""" ''^ *''« ""^"^'"^t of hon. gen- ground of^self gloStt Tn w, ich S"'"m° '^'' 7^^"''^"' ^«" ^ discover^he usnow. Sir. revise the^ t Je^V i mnotL^hl" f'"'." '^''^ ^"'^"'«^^- ^«* monstrated against the unconst ,ut !n„wLre v . 'r"*^' '" ^«^^'' <-'«"«da re- by the Duke of RichmonrCLoTD.^ '^ '"^"^'•^^ of theProvince the House of AssembTy of Lower Ca2"^^^^^^^ f '^' ''^^^'^^'^''^ "^ they are justly to be reproached? SlmlliM • l"" ^!"'.°/ '''"^"^* ^«'- ^^ich sition of «;,4/, to theabTacttn 5 he ^^^^^^^ ingreproadi; whilein SSthe -i^^ past, has rendered iW ^th t^ieroroTa ^/"^ '"* "'^«^' *«'^' ^^"^"••-^ my honourable friend frL North YorkfnT«4 •°'^" '° °"7"^" ^™« ? ^^en place and power for the esSblirment of .n ic ;•'? ""^.'y.^^'^y "f^' relinquished did he. or did he not '^i venDled^e ?o ?L "''!"*'"lP""C'Plo of our constitution, duct? When my hon f end ?n 1841 „lnr""- '^ "/ ?" P""*^«^ ^'^ P«l''i« con^ the honor to fill, bee ,rhe be iev d thT J"'"''^" '^ "^"" '"'"'''' ^ ''"'«"°^ tative of his Sovereign to Lvernthii-/^ Proposition of the then Represen- lightened portion of the commun'tv o!. f n ^^ '".opposition to a large and en- ot only unjust but impoSl^ 2'he or 1 Tb ' -"r'.' "^ ^^'''''^ «"g'"' *« ^e nour Canadian fellowLbject/a nledl of r ^' "°*g'r:.*«thecountfy. and to? When, in 1843, my honotbt frieml ^now a ' t£.T ^f/f^'^^^^'^'^ Patriotism his colleagues resigned office into S^ h„L f .k'""^ 1*'^^ administration with because they regarded ^le powerV ssumed and th/^ ?"''"'' Representative, Representative, an infrin.rement of t^! iT *• ?! *^octrmes maintained by that pursued by tha^ nobSan was such as So '^f '^'' P?P*^' ^•^'^""^^ ^'^e «o""e unequivocally and repeatedly deckre/ to h'^'' "''"'^.''' "PP°«^*« '^"^^ «inee they not give to the couiurv S^ ^ ""'^"'^'*'"'«"'»^' '''^ t^^e/ or did public trust? lasLheRZ P r, «"<* guarantee of public fidelity to thei? honorable friendfalt^mranS T asl^Tof H ''' T''' '' condu'ct Vmy out any single act of their wholpnni?- T ?^^^ gentlemen opposite, to point as evidence^f their J,l.tetu£TefS^^^^ has been applied by the eallant TTrnV i • ^^ expression « rank rebel" of the House, but I tdl StL^^^f thpTr'' *". ''T ^^"*'^"'«" «» »his side has evinced that they are the Sis J tL-^'^'' "^'' *'^*' '^'^^' P^^Hc conduct Sir Allan MacNab affected L 1 r . eoustitution and country. fHere him as denoting Lf held earn';/ '^'"' '^^V^'^J^^^^ 'md been^appLd to plained that hi^ expre.ln l^tln'tendeTr'' *'' ^"'^'"- ^^^- ^'^ ^^ «^ meant to point out that surrender If *? ? T'^y ''"•5' «»eh meaning, but that their%ourse of conTct had L" TT^ "^'^*^' ^^^'^^ ^^e contended gallery and the deb.te closed J ' "* '°™' ^''^^"'^^ «»«»«d i° th« 21 \ i ; Fbidat,— De6a<* continued. Mr. B..K«, h, resuming hi, «peech,recapi.»ta.edj.-^^^^ of .he former day. He then <= "^"rf "^ 3 £ 3 "ed, which we °,.»ccs under which Sir Francs H«"'lf "*> Ttolined genlleman then, must omi., OS extending to too «'<;fJ™f'VnMS in representing thai t':ZSt:S\Z7lltl-^Z.,vr<-^^^ of .... sovereign, I recollect that it is that Report, to ^»^'f ' "j^f^^hich we are found-when I indebted for the happy state o peace ^-^^^^^^^ Ta ied out into practice, em- recollect that it is to the principles «f*^f^J^;P°,';^f position, assembled in this bodied in our constitution, that we «J« ^^^^^ P^^/;;; ^ ^y, unconvulsed by those peaceful hall, legislating for the ^^^^^-^^'"f " .r"entre"and make men's hearts to fearful throes which now shake Europe ^^ ^ r «^f ^^j^,^ ^he country owes to tremble-when I consider the debt «f ^'^^^'^ .^J the honorable gentlemen Lord Durham, and call to mind the « r^^^" ~„ ^^ subject, as I shall opposite, on a former occasion, expressed them^elv^sjn /^^^^^^i.^king, sSew them by documentary «^f ?;«' S' "Lt it was n^ here that I expec- Sir, at all these considerations I do ^^J'^'vJJ^Vai cheers.) Honorable gen- ted to have been met by such l«^"g«^£- ^^/j^Xw tlemen cheer, and I now call upon th«"^^!° '°™%^;7bane instead of a blessing, before the country, ^fr''^''^'^^?^^''ZZn^^^^^^ '^"^^ ^'^^''f let the gentlemen opposite avow »t ; let Je country ^^^ ^^^^ ^^ ^^ opinions are. I was observing. Sir, that «?"\'g„|, f^at honorable gentlemen which the country owes to Lord »>^''^f™'J^^^;^3^^ his memory. I did opposite might have spared t^^'"^^^^^.^^^^^^^^^^ have con- hope, that gentlemen of a ten;pe%«° ^'gh and clnvai , ^^^ ^^^^^^^^^ ^^ descended to unveil the sanctity ^^ '^;J''^X^^^tTto say, Sir, that the opinions upon whose name no stain ^-^-^IITH were not their opinions of yesterday, expressed by honorable gentlemen to-^^y^^'; ^^^^ gentlemen opposite had ap- I ventured to say, "PO^'*^^^"!!^"' '^f.^^^^^^^^ ^5?h the declara- pended their names to documents °ot;gJ^^^^° l^^l^ Lord Durham was here Sns of to-day. I had \^^'^'^f Z^Jn^Tyv\lh^^^ and reward at his amongst us, enjoying the favor of f « f j^^^'^^f^ ation of the affairs of the command, we heard of ^ f "^^^ ^ .l^^'^an^iage of 1838, this House has country. Flattery and «t«''°VrHouse wXfcollect the expression of the heard the language oi 1848 The Houy w^l ^ ^^^^^^^ ,^^^^ ^^^^^ honorable gentleman opposite ihatLora IJ declaration :^r aSlTgHti^t;^^^^ Lldier would be shot, it was a '\«''"''™ *''. ^'^^to allow the hon. member ./I^^^nfSnT^S ttrrSS^^dT^h:. Lord Durham wa, not (I 32 riM . . ' "'" ""flt III! hnrt unwl. .1...I 1 V'-'"ctir8 linrl conn- D»rha,„ k„d d„,J„j';f,,^«J» h= oir,e .he language ^ respectfully approach YnZ {y'^'.f ""J^^ta. Hihiibitanta of the Citv Tc t ^ we fin d ou selt'' '"'"'"'"."^ ''^''''^^ '' '« ti.e oSct o • You, ?^ n"'^ immediately ♦I, r ^, "" "0W-, I trust fTii-Q Ti *^"'V,. ' *•■" "^ve been maturp.! » 28 would be continued to tlie honorable gentlemen opposite. But when His Lordship's report hnd been published, thiit report to which we owe our con«tltu- tion and our liberty, even the tomb could not shield him from the i!i-ulting Inn- am"& which the House hns heard. I for one however feel that this country Swes that Statesman a great debt of gratitude, and I shall ever este. m it n blessing that I have been permitted here, however feebly to stand up and nroclaim ray sentiments of that noble Lord's services. I esteem it a great nrivilege to be able to tell the country that when Sir (George Arthur, although sent here with in^structiona to administer the law in mercy, when he was urged bv the conservative party In Upper Canada to pursue a stern and unbending course, it was the prompt and decided interference of Lord Durham that staid the effusion of human blood. Will the House suffer me to read the despatch upon which I have ventured to make these assertions^ Lord Glenelgs Des- patch of the 14th March, 1838, contains Sir George Arthur s instructions with respect to the treatment of those engaged in the rebellion. In it the House will find the following passage :— " Her Majesty'* Government are fully alire to the difficult poHition jn which, at mch a period of Hlirm and confusion, tho I^^laturo and tho Government of Upper Canada are JS. But as I trust tho causes of apprehension so lately existing are now. hrough the CaUy of the great body of tho population, almost entirely at an onA, I eanmllyhop^ they SSa diJifuLM 4 mcUratiol after success as they have been by K« lantry in he time of dan-er. Nothing I fear woul.l be more likely to impair the moral effects of the late events than unnecessary severity. I trust, therefore, that whi e every mensuro will be adopted essenthil to the security o/the Province, your influence will be auceessfulh, exertea .„ moderaUnB 7eSof those, if sulh there be, who might be disposed to proceed to extreme measures, and in alfaylng that irritation which, however natural, cannot but be attended with danger to the public peace." That Sir George Arthur did not pursue the instructions of Her Majesty's Ministers to such an extent aa he might have done, is notorious; this House can require no evidence on that head ; but I am anxious to direct the atten- tion of the House to the reason assigned by Sir George Arthur for the course of policy which he did in fact pursue. In his Despatch to Lord Glenelg, under date 30th June, 1838, I find the following passage :— "The chief embarrassment I feel is, how to meet entirely the views of Her Majesty's Governmenr A humane and benevoi;nt feeling to avoid altogether, if V^^ff'^avm] punTshraent, seems to be Lord Glenelg's anxious desire, which is entirely opposed to the feelings "•^.^Z7/ol£iJu ptceive by Lieutenant McGrath's Report, (a copy of it is enclosed.) whaUhe Sts of tK lUia ar Jwith regard to the prisoners, and it has. I believe, required no ^olontrness on the part of the ol cers to prevent the m ht.ajrom putting -"}. of those atrocious banditti to death upon tho spot, ;:: place of bringing them in as prisoners. The value to be attached to the report of a Lieutenant of Militia, in deciding the course and policy to be pursued by a Government, we here pretty well understand. What its effect might be, introduced into solemn state P^pe". I cannot presume to decide. But I must crave the attention of the House to the passage^of Lieutenant Magrath's report to which allusion is made, because it points to the influence under which Sir G. Arthur acted. " Thpro is a circumstance I beg leave, however, to call your particular attention to. It was with VeatdfSy I could restrain my men (naturally enraged at the cowardly attack would all be huug, that ray men gave up stating that they should die; which I hope jou will please to represent to His Excellency the Lieutenant Governor. Again, in the Bespatch of the 22d October, 1838, we find this paragraph:-. 24 punishment been inflicted on the trauL, and OirmtuiSav^rh ""'?'"^ ^''^ "«'« '^'^'^ complain." ' '"® """'"^ "''^° other grievances of which they And in another Despatch : 16th August, 1838, he crtnlirat^rSi r £^ ^S^^^^Z^ ^'- formed of the circumstances respecting the case of W^t and Vlnn i ^^ !°- a view of extending to them the Royal clemency. ' ^^^^^Jer, with no;t^;;lSee7d:atinttg^^^^ ^''^^^"^^ -'^ «-J-- Wait, forgeries, for an extension of "he ^-Kalmer^^^^^^ as ",,dor the lat^ act againsJ Her Majesty's pardon. ^ ^ ^'^^^^ persons, and for the grant to them of see;\r=tiib£tS7fS^^^^^^^ stances, I have no means of forming an aJcurae inline I .^^"'' "'^P'"'' "*' ^^^ '''''c"™- of treason by a competent CourT, is! or is not Tfi llTnf <7 ''^'^^ ?^ P^""'™ '« •'"""cted to which it would be proper to ffmnt it Bnt nn „ ?^J^f j"*^ * '« ^"y^l clemency, to the extent missions or instructions,^' appe^arsevidenTthatTnm.l;'' T'' "''^""^^ P^^"«^l "^ ^"7 com- Governor General of BVitish^'S its 'al^X^^^ cases ansing out of the recent insurrection in the tZ Kfn^ ?^ Commissioner, in all instructions, I have to request that Your ^xcellencv wHl f^J w ^" consequence of these cases of all the prisoners, with thri,uC«'rfn!lf ^ H '^'^'""^ ^'^ ""« •* f"» report of the alsofavormewi^hyourownviewsinonLc^^^^^^^^ ^"l"^ '^''' ^our Excellency will Lord Durham, under dat^ 20th AuguTt isss! ^ ^' ""'^ '° ^'^ ^'"'^'- *° Ea^li DlfSts'onhil^rtre^'oTvtVaV".^^ °" '^^^""^ of inspection through the framed upon an appeal which hLbeLSe to vour ? nw'lk-'"'^^ \°- ^' "^ '''^ 'e'^ i"«tant of Samuel Chandler and Benjamfn Wai" ^ ''"P ''^ '''^ '"''°^«" "^ '^e family ~7orS%l.'^^^^^^ Zii''' 3-urself called upon to adopt, in con. Colonies of the powers expressly veTtedhfhfm bv'th"! p""Tr ""^."'." Government of the y^p^Jri^i^^BiS^ whic eSy-frfBrpa2rSJt™ which his Lordship conveys to me thp2,r/^^^ '^"^^'^^^^ ^"^^^ '''« 12th ult., (July) fn entirely coincides fn the mcLtTsVtvf a" 'oKf and thrv!''' "1% ^'"^'''y'' Gover!fmeS entertam in this important matter and St I' r f ?""u^ ''''^^ expressed myself to 25 humanity would too gladly have caught at Lord Durham's intervention as a happy relief. But when, in reply to the communication which I have just cited; Lord Durham in his Dis,.atch of the 24th August, 1838, after consid- ering at length the extent of his authority, closes with the foUowing pas- sage : — » I must therefore repeat my requGst for the reports, statoments and jf/™f "' ^*|!?\! nreviouslv desired Your Government to transmit to me ; takmg for granted that you will, as rnreSyconsequenco. respite all the prisoners until I shall have had time to make the inquiries which I propose." We fiud Sir George Arthur in hia letter of the 29th August, and Slst Au- gust, remonstrating against the interference of the High Commissioner in the following language : — "Thpse considerations, together with a reference to what must be the feeling of the legis- lative bodies with whom I have to act, and who would not fail to enquire with great strictness nto any innovation upon he constitution of the Province, and most particularly n respect to the admin"stration of justice, induced me, whilst I informed Your Lordship, that the sentence of dSSn rconiicts Chandler and Waite, (the representation of whose cases had appar- ency been the occasion on which Your Lordship thought it necessary to communicate with meY had been ordered to be respited before I left Toronto, to request Your i^ordship would excuse my delaying to reply to Your Lordship's despatch until ray return. And again : "Your Lordship is already in possession of my Despatches of the 30th May and 7th of T,,n; to the Secretary of State. A copy of His Lordship's answer to them, I have the honor fo enclose arfd/^^^^^^ observe ^upon it, that, even if it be possible tliatl am mistaken n the Sion I have formeS, that it never was intended to take out of the hands of this Go- vernmenK decision of such cases as Waite and Chandler ; yet. Your Lordship w'll. I am lureTe disponed to admit, that the views I entertain, and have expressed in my Despatch marked "^^ami," might well be drawn from the Secretary of State's reasoning and m- "''MSTmostthe very last stage of these anxious proceedings, I must confess I was surprised and d"saSted that, on the application of the families of two of the most ac ive and har- dened o?Eraitors, who had encouraged and led a band of ruffians to enter this Province and secre e them eivksin their own neiihbourhood, with a view of again raising the standard of rebellion in Upper Canada, Your Lordship should have felt it to be necessary to interpose votLauhority in their behalf and to stop the ordinary course of the Executive Government, Srdrcumftances that must necessarily create a very great sensation, while they were nropeedinff according to law, and under the Royal commission. . ,e . ^" At the time I addressed Your Lordship, it was supposed there were about forty persons captured subjects of Her Majesty, and citizens of America, who had taken a prominent part SeSewe-d attempt at invasion and rebellion on the Niagara and Western Front.ers^of these ilwar my opinion two should suffer capital punishment at Niagara, and two in the Wes- JerTDltrict and that the rest should be (f.recf..rtnne exposed to such calamity, or whether J^.rv .hnll w " . be borne by the 8.ale. I thiiik I might ask this'llouse and tt Lt y" , :r they ctjn discover in honorable gentlemen opposite any such distincHve Dee,i larity, that n measure of this kind may be iafe and wL in tlTZl Z'n , their hands only, or whether my honorable friends may not with at least eoual safety be permitted to pursue the course dictated by humanity aml\mirtd^ou by gentlemen opposite. I think I mi^ht ask this ITohsp nnrl ♦! ? whether the sort of opposition o^reO'l.y ^L^^, ^:^,:^ ^ ^Zi prepared by themselves, may not be justl/ stigmatized as a faction onS^^ to the measures of Government ? I use th " expression / J S./T he circumstances not warranting such de^tri.ctimrni w i ^ • ""'^^'" as may justify the Commissi.,nerf in'l^cE; sli'tslfZ ^^.TTuI a nron?."'/'"' '''' l'-P«-^-'n brought in ^ the gentLenopS^ was a proportion to pay just losses, whilst the proposition of my honorable fdrnH 1. Iiesolv€d,—'nint on the 28th day of February ].S4'5 on Immi.u a ^A wa.„„a„i,„„„.ly adoptrf b, „„ Legilalive Ze^b y rf' S'C ..t^'S "• Z i„l,„^? . , ! '^ proper measures to be a,lopted, in order to insure to the inhabitants o( that part of tbis Province, formeHy Lower Canada i„Tm n..y for j„s, ,„.«by tbea, sustained durins'tbe Rebdiion ofl837 and 183™" .n in„?,i ■ . ' V, ''™<""="''y / were to be paid, then why the classi- fication, why entertain and consider demands, the intention to pay which is now disclaimed? Why, Sir, the whole amount of claims submitted to these gentlemen amounted to £24 1.965. and of this sum £55,903 was for what? Will the House believe it? for time lost b>/ persons transported under sentence r J the Courts, for the losses of those xoho had been tried by Courts Martial. The conclusion is inevitable, eitlier the intention of the late government was much moi-e exten- sive than is now avowed, more extensive even than the proposition ot my ho- norable friend, or the whole must have been a device for distributing amongst those commissioners a large amount of public funds-for the ^^ou.emU beai i in mind that this commission has cost the country nearly £1000. _ Hut the matter does not rest even here, althousk it would then seem s»ffi«;e»t X clear; the remaining correspondence places the question beyond doubt; foi A^ hen the Secretary to the commission, feeling that the instructions f m-nished and the commission itself did not precisely agree, proposed to the Government this *^"^Si,.^ctiousoftho l?thD«eeniborlasM~;tc^totJio^ essentially f'roiii the terms of mo Cnmnitssiga by whicn mc} "-v^ u-l.i -j , persons who have a right to indemnity. 28 "What are the powers conferred on the Commissioners to establish the classifications required by the instructions? " What are the powers conferred on the Commissioners to call before them the necessary witnesses, and to procure the necessary evidence, in order to obtain an exact valuation of the losses?" What is the answer? Secretary's Office, 29th February, 1846. « GENTLEMEN,--The Administrator of the Government havinj? had under consideration in Council the Queries addressed in your behiilf by your Secretary, in his letter of the 11th inst., I have received His Excellency's commands to communicate to you the following replies for your instruction and guidance : & f » " 1st. In raakinp; out the classification called for by Your instructions of the 12th December last, it is not His Excellency's intention that you should be guided by any other description of evidence than that iurnished by the sentences of the Courts ut Law. " 2nd His Excellency considers that you have no powers as Commissioners to call either for persons or papers, and that you must therefore be satisfied with such general evidence as the claimants may produce, or as may enable you to form a general estimate of the losses they have suffered. Surely no ingenuity can confound that which is so plain; surely it does not admit of a question that all those against whom no sentence had been re- corded, were to be treated as loyal. Now, Sir, my honorable friend does not propose to go beyond these instructions; my honorable friend does not propose to compensate those whom these instructions exclude. But, difficult as I have found it to comprehend the reasons by which honorable gentlemen op- posite would distinguish the proposition of my honorable friend from that which they themselves brought forward in 1845; I confess that I have found it still more perplexing to account for the manner in which the opposition has been conducted. Look, Sir, at the tone of the correspondence of 1845, a period when the irritation caused by the unhappy events of 1837 had not yet passed away, and men's minds had hardly become capable of that calm consideration so much to be desired; contrast, I say, the tone and temper of that correspondence with the harsh asperity of the present amendment, proposed after so considerable a time, and after Her Majesty has been graciously pleased to assent to the gene- ral unqualified amnesty unanimously passed during this present Session of Par- liament. What possible explanation can honorable gentlemen give of the assi- duity with which they applied themselves in 1845 to heal the feariul wounds that had existed in our body politic, while to-day tluy had torn open those wounds afresh regardless though dissolution should be the consequence? In a word, will this country tolerate the proposition, that honorable gentlemen opposite are to be permitted to use the public purse as they please, for the purpose of purchasing unconstitutional support, whilst ray honorable friends are to be denounced as traitors, for carrying out the very proposition of those honorable gentlemen, wanting only the corrupt object by which it was suggested? I ask the country, whether Pt this time, whetlier upon this occasion, honora- ble gentlemen opposite, should have allowed themselves to spurn the right hand of fellowship, held out by my honorable friend from North 1' ork, and accepted by my honorable friend from Lower Canada with real cordial frankness. Was this the time to sow afresh the seeds of discord?— to arouse the worst passions of mens minds?— to call into existence all the elements of discord, antipathies of race, antipathies of religion, all that could tend to render the pc^aceful govern- ment of the Province impossible. But I must not allow myself to ask this House to adopt the propositions of my honorable friend, by any reference to what has been done during a period of our history, of which I feel ashmppd. I pmnn^e to prove to this House, that there are claims for losses incurred by the people of \ ♦ f \ ♦ i 29 Canada which every man must deplore, which every man must feel ought not to be allowed to press down and ruin those upon whom they happen to alight. I shall not speak of what I have heard and seen; I shall read to the House without one word of comment, the accounts given by those high in authority here, which cannot be supposed to exaggerate the suffering which they wit ' nessed and deplored : — t j m i In the Despatch of Lieutenant General Sir John Colborne to Lord Wenelg, bearing date :50th March, 1838, we find :— " On tho evc.mL' in which the troops took posssession of St. EuBtache, the loyal inhabi- tants of that village and neighbourhood, anxious to return to their homes, ai.d to protect the remainder of their prt.pertjs followed the troops; and I believe U is ?"t/?n.ed that the houses which were burnt.except those that were necessarily destroyed >" driving the rebels from the fortified church, were set on fire by the loyalists of bt. Kustache and Rmeredu Chene, who had been driven from the country in October and November, And again in a Despatch from Lord Glenelg to the Earl of Durham, dated June 2nd, 1838, we have as follows :— • Having laid that Despatch before the Queen. Her Majesty has coramandod me to desire Your Ship to signify' to Sir J. Colborne, that while she deeply laments that any needless severiles should have been practised by one class of Her Majesty's subjects against another nirMaiestv is gratified to learn, as she fully anticipated, that her troops are in no degree reSo3eira%rythe excesses which unhappil/ attended the de eat of the insurgents at ItBenoit and^St. Charles, but that in the harrassing service in which they were engaged, they maintained unimpaired their high character for discipline and moderation. And again in a Despatch from Sir J. Colborne to Lord Glenelg, there is the following enclosure :- ,, Bexithaknois. 13th November. 1838. " Sm.-Col. Carmichael having marched yesterday to St. Martins with the Ist and 2nd Re- ..iments Glengarry Higlanders, it becomes my duty to send you the enclosed return of he fnrlindedfS attack on this place, on the night of Saturday last, the 10th instant. I ren-rerexceedingly to have occasion to inform you. that I have found it impossible to prevent the destruction of the greater part of this village by fire. « The whole of the troops were under arms for this purpose until past three o clock on ^«ndVv morninff although they had been so much fatigued and harrassed by the exertions of STejKinr^Vb^^^^^^^ n" means of extinguishing the flames, which 1 am sorry to sov. have extended to the houses of many loyalists. i nave, «c., ^^ qj^^i^qe PHILLPOTTS, Majoe, R. E., " Lieut. Col. Commanding at Beauharnois. To Lieut. Col. Eden, D. A. General, Head Quarters. A second enclosure in the same Despatch as follows :— " St. Edward's, (or St. George^, llth November, 1838, "S,R -I have the honor to report my arrival in this place. By all accounts, the rebels have JomTletX d s^^^^^^^^^^ Soou\fter leaving Douglas' Coiner, we came to tje houses of two ti:S^lU orthe name of Boyer ;^ho we^e engage^^^^^^ SutrSnSLr^XwrseSeVli I have. &c.. &c., J M'DONALD. Major General. To His Excellency, Lieut General Sir J. Colborne, G. C. B., &c., &c. And again, in a despatch from Sir J. Colborne to Lord Glenelg, under date 19th December, 1838, we find as follows:— . r^ili'ltoiii; Kcept wh.™ im. ..d ammunition were d«o.««l. ». eomm,™a 1,, u» ^^al.. 30 |4 j force employed, but by persons who had suffered by the insurgents, and were acquainted with the character of thtir iioiKhbours. Under such circumstances as have occurred, it is scarcely possible to prevent irregularities, but I have satisfaction in reporting, that in every instance in which any have taken place, the officers have used their utmost exertions to bring the offenders to punishment." Aiid lastly, Lord Durham in his Report, page 59, states: — " It cannot, however, be doubted, that the events of the past year have greatly Increased the difficulty of settling the disorders of Upper Canada. A degree of discontent, approach- ing, if not amounting to disaffection, has gained considerable ground. The causes o'f dissat- isfaction continue to act on the minds of the reformers j and their hope of redress, under the present order of things, has been seriously diminished. The exasperation caused by the con- flict itself, the suspicions and terrors of that trying period, and •* tUe me made 61/ the trium- phant party of the power thrown into their hands, have heightened the passions whicii existid hefore. It certainly appeals too tnitch us if the rebellion had been purposely invited Oi/ thi Government, and the unfortunate men who took part in it, deliberately drawn into a trap by ttiose who subseo'ieutly inflicted so severe a punishment on tnem for the error. It seemed too, as if the dominant party made use of the occasion afforded it by the real guilt of a few d^'sperate and imprudent men, in order to persecute or disable the whole body of their political opponents. A great number of perfectly innocent individuals were thrown into prison, and suffered in person, property and character. The whole bod;/ ofreformeis were subjected to suspicion, and to har- rassing proceedings, instituted by magistrates, 'whose political leanings were notoriously adverse to them. Severe laws were passed, under color of which, individuals were generally esteemed, were punished tvithout any form of trial." I know, Sir, that no observations of mine could add to the weight of testi-. mony which I have adduced, proceeding as it does from the most unquestion- able sources ; and I have already trespassed so long upon the patience of the House, that I shall not sufJer myself to add a single observation. But the House will permit me to say, that I, as an individual, have no disposition to shrink from the responsibility of supporting the measure of my honorable friend. I cannot regard this as a Revolutionary measure. I have no appre- hension of ^ being termed an abetter of Revolutionary violence. When the other evening the honorable Member for Saint Maurice proposed an amend- ment to tiie address in answer to the speech from the throne, because that address contained no expres-ion of sympathy with the fearful scenes now pass- ing in Europe, that call of the honorable Member for Saint Maurice was not responded to from this side of the House. The sympathy with revolutionary violence proceeded from a very different quarter. Those of us who witnessed that strange scene shall not shortly forget the hot haste with which the honorable Member for Gaspe pressed forward not only to support but second the honor- able Member for Saint Maurice. The eulogy of the honorable Member for Gaspe was in such happy unison with his whole former life that it was exceed- ingly pleasing. I have too much respect for the honorable Member for Saint Maurice, to think that he sets much value upon a eulogium coming from that qiiarter. I shall not attempt to trace it to its origin, but from whatever source it may spring, no doubt can exist that the expression of sympathy with revolutionary violence, proceeded from that side of the House. We on this side could not support the amendment, because, so far from sympathising with those fearful scenes, we shuddered to behold the ancient capital of Austria bathed in the blood of its citizens— we wept to behold that fairest city of southern Italy laid in ashes in the frightful revolutionnry conflict for popular freedom— we stood appalled at the sight of a minister of our Holy Religion, clad in the vest- ments of his oflice, with the olive branch in his hand, — we stood appalled to behold that holy and venerable prelate, while devoting himself with true chris- tian heroism for the safety of his country, smitten down by the ruthless hand of red repiiblicanism. And when we view the great Head of the whole Catholic world, whilst laboring to promote his people's happiness amidst unnumbered k r i 81 tterils, wlien A^e see this pious Sovereign hurled from his Pontifical throne in the slime fierce conflict, we implore Him who alone can control such fierce elements, that He would turn them to His people's good. Deeply do we syra- pathise with the wrongs of suffering humanity in every chme ; but while we sympathise with the wrongs, we believe that it is also permitted us to deplore those awful struggles by which nations have been driven to break their chains. And surely, Sir, it was not unworthy the exalted f ^^i^VV* L.Zn" sentativeof our gracious Sovereign to direct our grateful and affectionate atten- tion to our own happy condition— to invite our contemplation of our own glorious constitution,-theconstitutionofEngland, which has, as itwere,outlawedReyolu- Tnary violence,-a constitution which contains within itself the constitutional means for remedying every constitutional, every individual wrong. Believe me Sir? these Provinces are not distant lands bound together by the hard iron hand of power ; they are Sister Provinces united by the strongest ties of kindred, of interest, of affect.on. True, when these Provinces were united, the debt of Upper Canada, the large debt, was imposed upon our fellow subjects ot Lower Canada, and that was an injustice which I confess I am not prepared to sancVion. But, I know that Lower Canada is ready to forget tha wrong and forever.-I know that she will perceive in every improvement of the remotest village of Upper Canada a new fountain of wealth, eventually to flow tSru S her own country,-! am confident she will admit that every advance made by our noble improvements to secure that great foreign trade which nature has nfsigned to us, and which our own fatal neglect can alone forfeit, is a .tep taken towards the establishment of her commercial prosperity. 1/"°^; nlvT Upper Canada will acknowledge in every improvement of the extremest navi- gadon of our noble River, a new value given to al that her enterprise can Soduce. When I look to the fertility of our soil, the salubrity of our chmate, the extent and perfection of our internal navigation, I cannot repress the glow of admiration at the view of so much prosperity awaiting^ inviting the handot indasTry for its development. I conjure all, with one mighty effort, to exorcise Ws S demon of discord that has betn invoked ; , in the name of our ch^^^^^^^^ whose dearest interests are so deeply involved,-in the name of civilization whose progress we so earnestly desire.-In the name of our common Father "who Saketh his sun to shine^^n the evil and on the good, and sendeth his ram on the just and on the uiyust."