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Arm-ur & Co • T n„ C.VV, Andnnvs A-. Cn..i„h,.; Port Hor.o. Jan.es A , s , V v , H. Lour cV Iiroth,.r«, D. AhpIhIu A . r ' i- '^^''■''' Bostou. Lieu. ^ «nuv„ ' ^'U.wAL.' Li^J T'''^ JUakistun; Loudon, Trubuer «fe Co. 186C. ST. MICHEL & DARVEAU. JOB PRINTERS, No. 3, Mountain Street. IS Ft- /a; /f43 TO JOSEPH MORRIN, ESQIlRJi:, M. D., M A V OK n J- if ir ,.; ,5 p ,. ^i)i^ ihlnmc "V Hf-i «.I!M.;ki» »nij , viihm I. KIUENO an;. •.i,|{v,4\. /'/i y- ^tief.f^-, b2)^.rf.m4^ /865 'i'UK A I rHfC Can Can n Von i:xj. Tl... Sixt' The Til,. Tlu Quel The Ilia Tl'« 1 Tlio 1 <|iii A rri y VU S\vc;n E;.i The Con Tl.,. K Tirsi ; Til,. C Kin ''SI Th(. S .Sale M.Trqn Sail, Th.i Fi on L Mouth* I N D E X . -"^'^^^^rp(l.. r.\(;K VAr,!- C;irti,a'8 Arrivnl in ihi-'si'V" . "' '-' '"^''l''' o.i (^M„Mirnc,.,n.„t Hfrl,c'FurTr'i,i;" )• ','"'»""" 'i'"' '^'^ li'-'snlts,. . . . . . ;{i Q-u-1.,.. FouM.i.wl "^""^"'i^l'- 1' . Vf'^Mm.„}S,|„M.,rra,lv'.. " *^^ • lH.Cal.|-].,k..iI.n. 5 ' ;"',l'">:^' '•••'l"cv,II,vn,i,,,,,... 34 Ti;:?;-:i:;j:^'i'K;;;t:r ■•■-•■■ ] I ^'^^■^^^^^^^^^ ^ Q'n-l^e^um..Hlorf.,ltorl,;Kn,ii;h il" ' (;,;;"v;i;! Y, • '■ • '^^ Tim AI;,ssanv at Sili;.;; ti l.uu..bo;ir>r-Shirl,;y-s Exo.'-mio.;. iu. Tim Tho EtlVct of K 'liiois. !•(* flt Silicrv.. Hill iii)oii Uic lio- *'"""<■■' K-i iViuii nnoii Hie r,.i- s;., '". ■, '■■ ';''"i"ji .ji MHois ' -" ■'^'^ _ Nuiviulrroi Eoui,.!j„ur- . ,*A Amyal.f Tr,..u,.;_Ajinuu:Li;i,l i Tl.'\!!;'' I •''''' 'l""'-'^!'*-'!'- ■":: 4:? '•l"inio' ^'""'' ,..*'" ^r^' •'■''U'.Mn.l.iv (■oi,v,.at;,.n -14 r,.- First (Jovorm>ran'^a'i'otM.mtcai;n::;:' ^| 26 on Lake Erio ^ ya Mouth, of the MiHsissiiu-Murdor 56 taiia.la mUd t.. E.io-land .. «^ Canada and AV-w Euj^Iand...:::; : 57 Quyhoe A.■.t-~T.^xut.on without Kepr.'sentation 57 58 11. CIIAPTEIJ ri PAUK 1' 'pfMciititi'tn in tlio IinpiTifil Pmi i.'imi'ht !")!• ^I'MifiT'iiiicry's Iiiv;i.>,i(iii '•() \iiu>lil — Miiiitj^oiiirry — Alli'ii.. . 01 'rtit' Ainorii'H'i Mci.''' — iK-atli nf Moiit!.'oiiii I V ii\i liiijt;|i('iuic'iic«' I{i.!t»isi il liy till" C'n- tti'i!i'' <'li rtry 015 'I'lif Aini'viriiii Sii'p" Uai-'fil M ln.lc|ii-n,|.int' — Di'li'nt oi'IS/ium . (!,'» The Siiiicii'lci' >iii' i'Al Wfnti'iii C'amula iliviili-d into Dis- tricts C7 IJivi-iionsiif'flif Pro\iiietM)fQueboc fi** l!< 'riniiMiliirs. 'i \ 'flu- Uinal Jii.>i«r ( iiiJi'la — Till' .Separation A.-t 77 Ui'batc I'll tik.' Si'imration Act 7r' Mr Fio's .Sp<'ccli 79 Mi. < 'lianccilor Pilfv SjKUK'h HI Ml ![urk(>'.s .SjM'coii H-J • /•ivcfiior SimciK' ami his I'arlia- mciit ii'^ 1 'ariiainuiif ary rrcct'oiliiif^s. 81 Siiuciie's (.'iiaiactor f^5 Loriijou Koiimli'il — S'lncof's Prc- indioofs ....■ K'l Sfli'ction ('fa Soatnt'OoM-nunciit. . ^'7 Siincoi! and tlic Hon. Joliii Vcnii^r. f^il T!i(' Nin\ ark Spectator K> I'irst Fiiiiiaineiit of Ujijtor Caiia'ki. 90 Tlu- Hot.. Vi'U'.T Unsscll Ul (Teiieral Hunter, (iuvfrii'ir 02 liiintiir— New Forts of Kntvy 93 <."i)llect()rs of Cnstiiuis appointed.. 94 l*arliaincntary Bu.siuoss 95 I iraiit and Gore : 90 l.owei Canada — Itiiportanee. of Parliament 97 Farliaineiit Libelled 9S The HonoraMe Herman Uyland... 99 Mr, Ry lanu'.x hatred of Papacy,. 100 (iomaiiisiii serion.'^ly tlireateiK'd . . lUl Ni' Roman Catliolic IJishop of Quebec 102 Ml Pies,si.-i and IMr, Att'y. Gtn'l.— F2.\l)latiation . W,] AN'iw Bislio)) Made — Uyland An- ii-rv 104 rimrches and Ivini iti 'n . - . J..oi'I l!i-liop !Str leiiHii The ( 'hurch of Kiiul and i'he l.ijv.M'nters and F.i>i^c')pacy . . Gift "f LX'ft.OOd to til.' K nj— Mjien- (er \\ ood. iVe . (iarrist'ii i'ipecl/iy — tli Habit.UJtS A IVi'N Hici.d At^eiit 111 L>'iidK»i — A Speck 01 Wir- ..... Til.' MifsapiaUi' liitli.r.lty Setticd I'tM linfi in di'.' Fiiiti ci States War Pri'iiarations in ('iiiiaila . ... F)iper Canada — Th" !'• ni.imciit (iovt-rin'r (ieieral Sir .liaie.-; Crai^- Kylnii'r.K Love for 'lie New Go- vernor Services uf Sir Ji'iiir-! CraiLi' Ml • tiiiti isiil\i"l . French Hatred of tl..- Briti.-.!; Ufficitils C'rai'/'.s Opinion of tile J'rciu'h I'a- ii.idiniis Gi'inposifioii "('till' A.^."*' in'il". . ^'ilitieation oi the " (mmi-'.'ii Plac" '' The Mariello Tovmt-; The First Steaiubaat on the St. Lawrence Diaili (if Wa.-lfice Dv l!.iiii'.> An Aiit.'iironisiu — I'arliaiiiciu Di.-;- f Ol V'.'il Rumors of R ■liellii'ii Seiznri' of tli"'" Caiiadien. " Sir .Iamii,-i" upon 117 11- li!> 120 121 122 12.« 12» I2r> 121) 127 12- 12^« IMii i:n i;{2 i3:i 131 i;tr> i;.: 139 1^1) 111 142 143 144 14'. 14(5 147 Uo 149 ir»' the Ortumli" . Tilt' Tc'iiir K"M'l i'oiii|)li'f«'il . Mcciiii^ iif ji Nf.v riit'liiMiti III. M-- l<.-.iar.l. M I' . ill pii-oi, . . Wliv Mr IS ilanl >\»ui imt liln r rtir.l 1 'i>i|:ittlific8ti.)ii i(f' Ml.' Jijil'jT'* IV> I iJtpnrtnrp of Sir .lam(»i» Crnig.. 1HI l."it> Mr I'f.-I .III Cmaili.u! AtVaiis. .. !»'.•,> I.''7 Ml. I'.c'l— Sir \ icnry (iiUlm 1(53 l.^H l,<.-i>ilfttion in rpprr CiiinMlft |IJ4 lii.Hk.' — ri(«vo«t — The " Little I •*•'.• B.lf 1G5 Mil) C'llAI'l Kll III. I'.\«;k »^i! <'Tpr>T^,'e Pr.'vosr Klii • '(H iiiiiu' 1 r l')irli;iiin iif J(>7 HiiiliiHiinii'iii .ii ilic Miiiiia l(i*< ])• fiara'i.iii ot W ir l>v liir 1,'iiitcil arfil fur War 17:? 1'}) ■ K.'iiiiin in V'aiuidn ' 174 Army Hiilji — l'ror.ip^ari.«n ot' I'.ii liaiiK'iit l/.'i The .Sfi'. Ciairo Rjiu 17ti T.it' IViiiiim'iif'nu'iif ot' Hi>>:ti!itlr)j 177 Siirr'MKl. I- of Muiiilliniaikiiiat .. 17H (,.1'ii.r.il liill. — rn'i'laiiiation — Aiiiii«'i.siliur:c" • •- 17!) 0:yiii. ••(tuenicrc" — Th,> l:'l>rlit 185 Tiii^ •• riiiriiicn' " a vvp'ok l~t? Al'aniioiiiiKiit lit' till' •' (Micrtii.ro.' Ir7 Till- Nonlcrn f>tati!s i'latii"i'"iis fur yiw,' JfW Thi' ilat'.lc (if (^uoenstuu — Doatli of !5i'>.kf i>-»n Th.' Vli'ti.rx — Tlii-nunal of Hn.cki' !!»(» Thrt " Pri'si.ltMit " anil • IV'lvi.lcra " i!.>i Tho " Fmil,'- an.l t'l.- " Wa^j.. " lihi Thti *' .Vlai'i'ildiiiau '' and '•liii'nl vStat's. % V\\ Tho L.m'.s of thi- AamiiaUv I'M Tlin " C«>n>r!:iition ' an.l tli" '•Java' VX> ("aptnro oi' th" ".lava" — Sjiiiii . ( '■ TiK.' Ti.ii.'.^." ]'X> »iiiyrh ..... 11)7 Tlip Kln?ts on f'i»^ J.akt^s ]0'< Dc .Salah-vry— Larolk'. . 1^H> DwiH "tin's k.'ivcat. 'JOii tjnn I ii'ri AUt'ui J)* ol l^ji" "J"! PAGE Mtv'tinjj of tlif Lovfpr Tanadian I'nrliaiiii'iit 202 Till' I'linalint J'.>t>li/i^'— Mr Jan. ."^fiiaif 20^ I'locinlinp.'* of I'ailiaiiit'iit ^tM Ml- UylanJ on tiir I'n.ss . 205 'ill.' 'Mcrrniy " n|>oi', Mr. ^«fual•l 206 <>|itiiin^'' of flV iif\i <'ani|iaif:n . 207 lion of Sir (.o'nrcji' lV..-vo8t.. 217 rii.xnicrssfiil As.'^anl- upon San- 'i'l^ky 218 Stiipi.liiy of tlio Kiiglish Military nf|)aitiiii'nt.s 219 f'aptnrc of two War Vessels nt Isle A ii.\ N.,)i.\ 220 Pi.ittsliiiri; ("ai.tuivd 221 Wi.vlniii tlini.si uiK.n tho AJ- niivalty 222 riu' '• JSliauuoa " and " Chc!»a- rji>aki>. " .... 223 The Fi-iit—Tiio Triumph 224 ".VrMH, •• A '• r.'liian "— "I{o.\er" vV " F'.nterprise 225 Ti-fivolliii^ir-Tlii'Tlionsand Islaudfi. 226 (r'loso frnk— Till Attack 227 Yi.rk— C'apfmv of tiio '• Julia" & '■ tM-.ovler "... 228 F.ii;:at.i''U' lit on l,aki' Ontano — Tiio .Mi^ha|. ivy Hnn'l!i_\ ;m(i 1 '. r"y 23D Tilt' IJaltle — ri'.e AnH.'iie.nr..«. vieto- H"US 2Sl rrmtor's Kotro.'it-Kenluckv Moun- t'll Ifitic-s ' 232 n.'ath of T.Tnn>-.'li— Fli|,'ht of I'l-Ofi"! 2J3 IV. (ii'U"r;il I'liii'tor ivpriiimmltsl hm.I -ii>|(i inl' i| .. ... 'SM I'lir uitciiticd atfiirl\ .i|M>iiM>iiitri'iil '.':(■'» !>• Sal;ili,.i|-y ,i||,i lij, \ ,,l<|jr,.uis «j;l() 'I'll" Mfitllf tif I'liJiiiMu^iiiiy '>;J7 Kxti'lli'llt -tVi'it orinusii; u'-i-i I'lu' (!.'mfi(liaiiH Vii'torUmtt "iw.l Wiikinsiiir^ iJi'si'fiit of tln' Uiipicis '.'lo * 'liiv>tl. i'« I'.-inii '.'Jl I'Ih- Attiuk I'M Mdtitii 111 jilmii- lii'llr.) ... v,'4v! tJtii hiiiiiMnoii'l — I'll!"'!' ^•'■'UKitl.i *Ji:{ Assail 11 and ('a]>turc.i| t'..rl Nij'jrara '.'-J i Ntiituiiial Attaok r 'riuiiKitiini ot tin' Caiiiiiaiirii. . . :i47 ri'isj.ciity (i( (,'jinttila iluiiiijf tlif War •Jl'^ I'arllaiiiciil— I'lipi , (uiiada •.'!'.• I'll'- I'HrliaiiKMit til' l.,ovv( r I'ariada. ',''>it rill' Sjircfh an 1 I'tic K .'|>ly '^-^l I'll .pijwnl Iiit!iiiti(' 'lax 'i't'-i Ml. UylaU'l and tli- rroviii.'ial SxTi'tarv yr/d ■^Ii daiiici .stiiarl niidChiff Jiisfice s.'w.'l! y:,4 '1 !n' Ifiilcs (if I'racticc 'S>'> Ki>siiliiiii(ii,s amiid al doiiatiian Scwcll 'J.m; I'lif Im|)'at.'limi'iit '-i-'T All I 'ii)ili'asaiit I'o-iitiiMi .. ".'.'■■' rliicf Justices Sew ell aiid Moiil, .. -JV.t I-'. lid. Ml A;r'M\ts "ftlic I'riiviiu'.' . "itiO I'lii- I'luM^'aiiou— lvus.--i'iii Mi'dia- n in 'MM ( 'aptiir.' ot tlu' • Kssk-x " W.' " Frolii' " A 'Orjilu'Hs ' — " Kpcr- ^ vi.'i" A. "P.'ai'ock •■ :.'<;;? 'I'lie • R..'iiidfnr "and • \Va«ip. \ . "Jtit I»ri-iuiicr,s — drii K«'„'t. — liuliaiis ■J()") i nr Attack iip.in l-aoill'.- "Jiiri I'll" KilK'd and Wmitidi'd-d'lniidt'r iiH? I'd'aptiuvs Ki\ riuiid.-r at .Madrid "^ti-* < aptiirc »>) Osw'ij'i . . . . 'H)\} ■J'li'- Saiidv (.'roi'L Dusimv.s 'JTO h'iall'-i Drfcat -JTl Till' HatM.- of Ciiipp.'wa 'i^-i iU. Halt' • ii.nliniji'd I'Td rti'i'- '1 l".ii-l I'irif -.'T J crr.M'M Di niiiiiM'i ! .Vdiniiiir'tra*or-:n-i'lii"'f 'Ji:5 Tin- l«'ij:id.>— 'I'iie liilial);taht.s :?!4 j ihc Frcncii «.'.iiiaiiian ftiaraot'T. . 'M't , ra-liani.-i't— Wat.'d.jo ;!i!) I • y\y Native Cit\ '' IM? ' I'l.c As.^i'inliiv l,'rn>ur"i ".^l"^ , I' M.I riic A.-jsaiilt •i".' A Kiiti-li I''ii 't on tlif Ainnii'itii Cua-i •.'*'» AdniiiaM'ockbnrn A (i. u.ral K..** '.'77 The l..«-'fri'lntiv. Cnpitui .'f ili.- 1. S oaptnrt'.i "'Ti 1 111' l>. f*Inirtiii|i t>f the l.iliriirir« . ".'TH ('apiliilaii.'h el Alixainl'iu. . . . '•'■""' l.»"..tli (>rii'n lit 'i'^i 'I'll.' I'.'IlllllSCl't lApcilililHI. . . .. 'i''> InvH inn lit' ll'.' I'liitcl Mnti's ... •."iG TiicHriii-li l-'!ci't .Ii'fcatfd in Lake (,'liaiiiplain ''■i^-'* riu- I'ic-iit iV ll"' S .IT n.lci . . . ■>•> '111.' li, :r :t— Sir (;c..r.;-. IV.'M.-t. '-i"* (.iiarartcr of Nir (ii'(>i>:i( l'r.v(.»i •.'^"i Ari'iisatiDii iif I'rcvi'.-l Iv .>ir .'.i- v.!.. .'.. .. :"■*] F.iit Kii. !5|..v,u np i'*'^ N.'w Oil. aii«—(icncnd duckbill •.".»• Nature i.r tiic I'ctuiic.s i.f Nov nrii'.ars . '-'"U rak.'iiliai.!— I'll- .\.-auli ■.'!»■, Galiaiit!".- .it I lie 'XM J»c;.'iiiicn» '^'U riic l).'t'";f— Tin>rr.t(>n .Sm-cc'^sfni. •.'^>T Caplmr .)f I'l it lUiyir— Tlu' I'.'aic v.'.'-i 1 •ft'i'iu'c ' f rakciiliaiii's cciidiii ! ... '.';•;) r ic II.MiMid Oi'iivt ntii.n :'>'ii) (i.n.'i'ipii I ci'^i 'if tin War It'iJ 'Ihc (^analii .Mii'ii 1 l>i.'-l.a!..icd. . ;i'--.' MiM'tin^- iif i'aiiiaiiiiiil in l.nu.'i- Caiia.ia ;'.':; An A^T'iil — i'niiiic Opii'ii'ii. . ;m4 .Sorvife of I'iatc tn Sir ti.oi.' i'r.'- v.ist d :. Clii.iiU'ti'r Ki I'ri'vcsiasut Ji'.cin.ir. I'ati Clii-i'iif tilt' Si.vs.si(in — tlu- I.,;.. I.ii;.- (.'anai •'•'•7 |*i'i)Ti,.-;s — Kfi..:ill id iSii (<..ii.i« I'lovti-; :!i,'S lii'.;islatii'n i:i I'pjit r Canailii .... '.\'i'-^ Sate iif J'ar'i.r, in I'pitcr raiuul;:. dt') 'lile N.'\>.-.pa;».'r a l'e-.lilci.c. in llie I.an.i . :;il Tlv' liii'i'k M..'1'.ni.ii lit •- (i(.r.-'.> lf.-ti.-:i :;i-,' « I'M-:- r»'.s.solnfi'»n ■;*■ I'arii.'.nit hi .... t'.M' (>enerai Wilj-'ti .\dinini.''tiatt r. . ;JVil liiforniatitin ''..r tli< C'ult.nial .Se- cr.'tiry '''ii ."ii .J, dm !<1h-''hr.'oke's Notimi- . A'l i T;".' N-.'W r.i iiiu.nt ■<•:"■ f*U-|n'll-i.
  • riitliiii . ;tvi> M :iiiii(r<'i>ii lit iit'tlii t/u,'ltctci'.iii,'i-.s ,iii til • l.iUi'M ;Wt) n •> siikiv '.W , J M'pli WiUiK-k-«. Vi IM' :V.V\ ' i.ifur.' :i:t! Til"' l'ri»nt(»Mti'in ... X.'ill Kort ij«;ii I'ii)t"NfiiMts — l'ii)iii;.'r'.li(iii ;i;t7 Uiir.unl'.s I'arli.inifiii.uv Ijiln-i :';H D'ir.iiiil Inipri-iuiti-ii— \Vv;»tt r,^ i (J.»r.' ■. XV.i Li-.MT i'iiuada Civil lii.Ht IM" I 1 '^ Iii.^trmtiii;!; — l''oinlii') 341 V'!iiiilir,itioii 111" liii|ic;i('ltiiii'!it-' ... H •'.' .Mr |{\!Hiiii'- Ujiiniiii :;j;; i'fu' l'ii:iiiil)lv ChikiI . . . :}»•! iiw K.stiiiiati'S— Sr I'.'i.'i Sii..,.i <.^»in bt'C ;, ..» I LJHint^'^ln;nt ol M'>iitui'iiii>rv — ! wiiiiiiK.iia ■. . .;v;o ' ilis (;» I'c thi' Diikt' ol' Hii'iiiiion I's '?i)l!<'cll - M i l{ ■ •rtioUDftlii'l'ivill^i'd — l.uliiin' I'.iiml ::i< .V ".ililiKniil lm|n;jii'li!iii'iit.^ :i4 ' ^lOHl•^ Ki'i'liiiiy cviiu-'d l»y tin" K'';^is- ! itiv<- C uuinil :!.'.'>) A I'.iiil, S r.iliuJi, ;ui I HiU'- s < asc :l"»l .\ 'I'l'sty Spri'i'ii t'loiii 111. TiiriiMt'.. ;V">'2 K.;icivu('iiii;il — I'Mpiil'itiui) — Ufinks :•.'>:'. S'l I""'' ^ ''*'i'''''* — Mr. ( I ;.)U! lav (irp'sti'd '.<')C> ; ii"Uil!iv'* cjcrtnii-nt — I'arli.imi'iit. ;>.'i7 , (i;iVi'nior .Miurluiiil aiil tli'' C'lC.i- MMitiuii :'.'.H D-Mth oi th.- l^uk.' (if Kiflmifiiui. '^'}'^ ! Ai.tau'oiii'^tii — .M.iitliUti an.] tin L i (J. A.>;s.'iiiiyly •M\0 ] .\-)ival o( Ijoril DailiDii.M,'. ;i(;i I'apiiu'iui'.s .-jpi'i'i'li •{'. Moiurfal. . . . 'MVZ ' D.iiliim.xit^s ojii uiiijj; i>;uliuiiu!iitary spi'fch "0:! I ;i( liiti-.-* t'tir iiiamit'uoturiiin" in 1.o\v.'i(';umJ.i :'.G4 ll'ii:>>ri!jlr .Ji'liii Nci'.suii — Appi-.ir- uu'c mill ( iiaiactf'r UGf* •.^iLtiTcl of I he Hou.Sfs aixHit Hk' Civil i,ist :r.« y.Y Atuirtnv Stuart — Tlir Supplies, Aic ;?r.7 Tb,' Lacliim- Canal — SiuocuroOili- rt^s !^tW A J JitioiH to th". lOxi'C'itivp. Council 'MVt u.y Jin. C l.^.^l ".\llt l"'.'!!!*!! Mr Marnatt, M. I' — Muppn)'.; ui till' Suppli.->. :!7I I'l..' Hu.mriiMi .liiliii IJii liiir.l M. KOII ;{7 ti.ii'i til'' it>i\ i-iihir Dtspiiii' (Mirluil lit ill ■ A.%r*( iiiliiy :t7l Kti'i I't lit .•iiitiii,'^ otv till >uppiit s :r7ri I 'i 111' I'mniiratluii— U.vlaii Is Alvii'f IS?*! l.fj.M-'Inliv.' I'liiiin uf tin I'm, jno's ;57? .V- iilt iiH' a nil (•iiiiiiiK'rif 1 II .\ntipnliii ••j-.linT.'iMii;^ I'lllii'.iilti"." .HI I'ailidii: in au'iiii in .H.'s.oi "II . '•!; SirK. Il'irtiiii— l)i,tni-t!— K'.ii;it:ai'.-!..ii tii.- v.iiiiU' ciiit-t :w:. T i( l*'ill.llli'l':4— ill' Ifl'l'l'Ivi'l- liclK'- iHi :5m; 'I'll' I.ail.ir 111 iCliiiiilil.v (Vuial* :H7 'I'll" p'li ligation— I inn ui tin' V:'i,vini't'.-» IH-^ T!( I'li'iiii' .AcfMinit.^ '>r Ujip'T C;t- iiiiiia. a"".* i.'.iuriiiy's Vl'ili^'-iiti'.'ii'.l \'k\\ s W^) C.i'.i ■;nirli'ii:ti( ■'^liiii C.iiiat-- ri'i'djii- 1.1'M.Ji'il WM !{ ■.K'y.'itnoi i.f a Itromi, — .\'.r. M.-i rilt •.V)'J .l.'liii CInrltii.i Fi>l.«rr, M,. I> . Kii.u''> I'nnt •!• 'Ml S"i.<|M ii-fioti of Mr. ('."Mwi'li . . :'.!>i J..i)r.t l)«ii i>i ■.ic" .; r,\[ilaiialii'n . . . . 'K)7> 'I'll' Jct'ih'U'i.tii — 'l''',i Si!iii^,',iiiiiT. [\\Ki Fi.-.' u'ivii>-,.tiia»l.'< nil Iinpiirlatlon'* . 4 Till' Ci'Tfry Jkc'si'rM"> i'n I'.irli imi'iil Cl(i.'*iil — I'yraiuiN <>( Miiitininl . ."... 4ii'J Till- i'lilwi'll.'^aiKi r.nxliMir-i.>f r C 40H ^V 1, Mi" -ki'ii/ic — .^np< aiaiu" .i;iil ( 'iiaiai icr +t)4 M;n'ki'ii/i" I'.M-.iocutoil 4ur> JVi's.'- Mi;;'.Ziiiifr?" 4i)0 Sir J. I'libiiis.'i! — I'atii'miaiilOp- piv.-^.iiiii 407 K.r.all (if Si' 1' M.iitlaii'l 408 .Viartli.nvs— Willi— Kol)in.-«)n .... 40i) 'fill' ^ifutry of (.'anaila HO Till' Liu.'iary and Historii-ai Sn ('ii't.\ ... Hi I »i'pai tare of Li« of a [.ictiii.'. ciin^isls in tl'" Li'iT'ii|)in?' of iinaw-s aiui in t\u\ arnin>;(>inont of ilrtaiN Not, only iias attitudr an 1 ^n(iu|.in;r tu ln' at- I'lul'd to by till ])aint(>r, ninl liy tli'' iiavrafur of I'vont":, Imt attiT.tiuii innA In- )).U(1 til iii^iit and sliaJi' ; anJ tin; saini- sulijcct is siisi'cjitihlt' of luin;::; tn-aTcil in jiiuuy ways. WIkmi tlio idea orPniT'il to nu' of ()lVi.Min'jf tn tlu' priliHi- ot' Ciiniul i a history ot'tlic in'ovince, I w-a.-j not ignorant of tlic I'vistrni'i- nf oticr l;istori«s Smith. ('In-istn-. Garnean, Gimrlay, Martin ami Mnrray, tho narrarivi-s of lla^ Jcsnit Fatlii-rs, t'liarltvoix, thi' Journal- of Knox, and many utlur liistorii's .tiid bonks, wcro more or l(>ss familiar to nic; hnt tbrr ■ was then no history, ot till Canada from the rarlii-st period to tin- [iri'sont day so < oncisely wriitm, and the various ovi-nts and ])i'r.sonai:r<"^- of whicdi it is coinposcd. mo ;i'r.iu[ifd to;.';'!hiM-, a-', to pn^yrnt an attractive and .strik^!l^■ piidinv to the mind of every read' r li. was that vvant uhicli I determin-'d to supply, and with some iJei.^re,' of e,'u-n>'st- ness the self-imposed task was undertaiieti. My plan was/fz/wf/f; to imitate tho •inipio narrative style, the eoneiseuess. the pietuicsipieness. the eloipienre, tho poetry, and the philose;hie spirit of a history, the mo.st remarkable of any extant — thatoftlie world. As Ml'se^ ;.''ra[diieally aud p!iilo?iophica!ly has sketehed tiio poopliti^ e.f the earlh ; painted the b '.anties o'' d.iwniiiL; nalnre, shown tli,' oririii • if a;jrieultiire and the a^ts; deserlbed th • social Jidvaneemeut of families, tribes and nations; exhibited the short-eoinine^s and tlie f-.\eeitemi'vs i>f pa'riarelial and jf monarehieal forms of troverrimenf ; exposed the warrin^r^ atsd !ii .keiinu's r.monpf ineji; told of tlie manner in wliieli a [leople eseap>'d tiom Iieno'iue and lalsed tiieniselves on tiie wn^fd-; of thrones, priiiei[ialities, aieJ powers, to jxn.at- ■i\ess ; jiiibiislied the laws by wliieli that most chosen people wer" 'governed ; anil 'Jwelt nji.ui the perversity of Imumn nature; and as otlier men, divinrly in- spired, have smI iiniely re)iresen|ed the hijihest, Nta;res ot ,Ji wi>h ei% ilisatien, so did I propose to niy.self to exhibit, tho rise of Canada iVom a pri:niii\e eondition to its present state of advanee.menl. My first p-reat dirtieulty \va5 (o ob'ain a publisher. Then.' could only be a very f-'w persons who would run thc^ ri>k ■'!' )inbli-hin;r a mere Instory of C.maila. "ven wiih n'i tlee tancife! e.v 'ellevii :es, pvodnei'd bv oneiinknown to f-mi' lint ■ \'. lierc i hore is a will, the'^-i^ ;i \\;\; ," i'KKl'.M K. ori.l ;il).»iii tlif lui.J.llf ot" ill" inoiitli ui .Jail- last. I h.il .-lu'iijcili;,! in itsm(.j ti ii tjook, then sciircely !(f;}»-uii, to Mr l'i!tutori.stic spirit hihI liln-rality , ii^rt^eiJ to bttrjoine my |tiihUsh.:r, an J mail the 17tli day ol" Hi-pt'-nihcr, 1 read and wrot'; (iilipeiitly, h.iviujr writtr'u, in loini'l iminh.T.i, about u tliou.>ianiJ pafjes of foolscap and broujfht t.i a corii lusio/i tlm tirst rebellion. Then the work of print- in;,' was bojrun, and the, Rorrnrtion of all the proofs totrotli'^i with the, »-ditori.il niHiintfiiinont of a newspaper, iiavt- since alfonled niu .siitfi'-ient occupation Mr McMullen, of IJrocUville, has, Jiowever, produced a iiistoiy of this conntry frc/u its discovery to the present rinv, alnm-ii .ts if he low! iK'en iiii'luenced by motives similar to those which have inHu-inced m'. His pictures, however, are not my pictUHis, uiir iii.s souliuients my sontimi'Jits. The. books — a!rhou<„'li tin; facts ar.) til'.' same and necessarily dcriveii from tli^, errors. cKceptions, and omissi.in-i eiiou;jjh !.o bi' found — an island uiiy h n.' Ii ■ Ml iuidvertontly plac vl in .a wreui^ Like, a date or lijrure may bo incorrect, words ;niy Uim: be-n mispj-iuti^ I, and, in some parts, the sense a little inti;rfTed with — l.ut I have set down uothiuij in malice, haviuL'' hnd a strict reiT'inl for truth. 1 h;u-.- creaiui'd Guurlay, Christie, .Murniy. Alison, Weils, an i 1[ 'ury, .i.il t ik ;u wiiut 'ver \ d >;!,n • I e.isenii.il from a history of the I 'uited States, with cit a title pa!4;e, aii.l from ,J u'cd Sparks atid other .authors; btit for the histfu-y of h iwer Canada my chief reliance has been upon the valuable volumes, complhid with so much c;ire, by Mr. Christie, and I have put thf os.J -u-e of his si.xth volu.ii" of revolatioiM in its litting place. For va u.ible tissist.iuc- iu the way of inform.'ition. 1 sim indebted to Mr Christie per.-onally, to fli" Houble. [b.-nry Black, to the Librari;uis uf the Legis- lative Assembly— t'je. IJ.n-iTend Dr. Adamson .and Dr. WimbM— and to Daniel VVilkie. Ksquire, on.' of the teachers of the High School of Quebec C ROGEU. Q'Uiboc, 31st Decmbcr, b-'f).'') BA have l)ec to otiior ( I'oeoiitJv : I)assage 1 made, J Eui-OpO 1(1 these exp eijiployoil great inti Newfound Danes) an he gave, ji ho so (lesisj unimpi;o\£i more appli Cabot to bt which he v\ THK RJSK OF C A N A D A FROM BAIIBAJUS3I TO CIVILIS.U JON. CHAPTER I. to "tlior ,Ils.,„v,.fk., of „..„.. *'^''" Thoy lune all lo,l .ooouti, a., wi,hi„\\: , ;;' ;™; >7--;;'-o, -" - passage iVon, the Atlantic to ,o 7 ^O ' T ■^' "•■ ^ Europe to A«a that thi. ,'"''," '"■" V'''"^" ''-"> the«, exploring, expoaiti Hi, , 'T::,""'', ''."""' "^ employ-e,I J„h„ Cal«,t Tli '" «"«mios a.^o, great intropi.litv, e vL. ',,""■ "T'^"'°'' ^' "'^'""f Dane.) „n,l en^n-ed tt To Vr'''"™''^'-^- '-""" '" "'o h«g«ve, it i. all,,,,.,, ,1 ' St- Lawrence. To Lahrartn,. Cabot to'be a t ^ p.f 'f ;, r"'' •^7'""--' «>'.--l to — .e.a„n,t,t'a:;-^:s;:r::'^S L.ANADA DIF^COVF.REn. 1527, thfit ho rctnrjicd to Eii^-land nml was knitrlitod by Horin'tho kSovriitli. Sclinstiiiii Ciihot iiiailo the )u'\'l artject of a'-eountinii: for the name of '• Caaaila," ai)[)Ued to the country through AvJiich tlie St. Lawren ce tl 0\V; than for any oiin-r purpose In tl 10 '■'' Ivldi'ons; (Ifs Ji.su/L^;" Fatlier llenei>in states that the Spaniards first discovered Ca)iada while in search, not of a nortliwest passnire, V.nt of li'old, which they oouKl not find, and tl'jerefore ealKnl the lano, so \al;uriess in their eves, is7 Cajxt di N'kIii — "The Cape of Xothiug." Tint, the Spaniards, ndio |»ossibly did visit Canada tno years before Cabot, wluit- ever rlu- object of their vovaffc mav have been, could not Lave done anytliinij: so absurd. Que!>ee, not Canada, may have been to them Capo Nothing, Jiiid doubtless uas. It was the (/•(/'/ they looked for. That was as visible to them as to Cahot, and a passage, strath, or way io signified in Spanish by the W(rrd Canada. It was not gold but a way to gold that English, Spaniards, Italians, and P^'cnch sought. It was the cashmeres, the pearls, and the gold of India that were wanted. It was a short way to wealth that all hoped for. And the St. Lawrence has, indeed, been a shoi't way to wealth, if not to China, as will afterwards be shown.* The title of llcnet.ln'8 book is " Nouvcau Voyage d'un pais plus grand qu« i:>34. I'ATITIKK":' AIUUVAI. IN' THi: BT. LaWRKNCK Pa«!sui_cf ovor (ho ox[iloriilion of wluit i:* now tlio Coa«4t of tlu." ["nitcd iStaU'.'^, I>v X't'i'iM/.^niio, T «'oiiii' {.» tho 'lisoovory of tJ;i8|ic Piiisiii him] the l\ivi-i' St. f ia\vi\'ii('(\ l>y .hinnu'.-; Ciiftior, of St. Malo, ill I'^rainc, W'iih slaps of oiu' liimdK'il and tw.-uty tons, and fort) tons, Oai'tit r arriwd in the St. Law- rt'iico — as some sjirinij; tradn-s (»f tlio pros-.nl day oi.i.-asionally do — l.icfoiv tlif Monlreal. At Iloohelaga tlic "new (Jovornor '" met with a magnifieent reeeption. A thousand natives asserahled to meet him on the sliore, and the eompliment was retiirnec!, loadoil his vos.^jols with snp|;oso(l n'old ore, and Capo diamonds, which he supposed wore brilliant.s of tlio tirst water, and then wont homo to France, w bore lie toM a truly maixnitiocnt tale con- ccrninii* a truU' inaijnitieont 0()untr\-. Expeditions for C'ana- da wore overvvliere set afoot. Kven thioen [Olizaboth, of Eni^land, nent Frolnsber on a voyag:o of discovery, })ut he only rt at settlenjent was subsequently renewed. In 1008, (.'hamplain, a second time, reached Stadacona or Quebec, on the 8i'd .Iidv, and struck bv the commanding position of Ca[*»c Diamoml, selected tlie base of tlic promontory as the sire of a town. IIo erected huts for shelter; o&tabliohcd a magazine for stores and provisions; and formed l)arracks for the soldiery, not on the highest point of the lieadland, but on tbe site of the recently destroyed parliament buildings. Tlierc were then a few, and only a few, Indians in Stadacona, tliat Indian town being situated rather on the St. Charles than on the St. Lawrf.'iice. Few as they were, famine reduced them to the necessity of supplicat- ing food from the strangers. The strangers themselves suf- fered much from scurvy, and after an exjilorationof tlie lake which yet bears tlie tutmc of its discoverer, Champlain re- turned to France. Two years later tlie intrepid vsailor set out for Tadousac and Quebec with artisans, hiborers, and supplies for Xouvelle France, the name then given to Canada, or the Great "' Pass" to China. He arrived at the mouth of the Saguenay on the 26th of April, after a remarkably short passage of eighteen days. Ho found his first settlers con- tented and prosperous. They had cultivated the ground suc- cessfully, and were on good terms with the natives. Cham- plain, however., desirous of annexing more of the territory •. i I 8 EXPLORATION OF THE OTTAWA. 1G15. of the IikUrhs, stirred tliem ti[> to ■^trifu. Ho liin^solf joined an hostile ex.potlition ot' tlio Alironquins and Moiitiignuis against the [ro-iuoiH. Wliat siuress he met witli iH not now to he aHcortaiiied. Di'tieieiit in resources, lie ai^^ain returned to France, and loiuid ajtartiicr ahjc and ulliinL,' to assist the Cohmy in the ])erson of the Count d<^ Woisson, w)io had been appointed Vicer.iy of tlio new country — a sinecure ap- pointment wliich tlie Count did not loii.^ enjoy, ina^imuoh as death took possession of liim sliortly afterwards. The hono- rary ofH(!e of Mcoi'oy, wliicli more resenihled an EnifUsh Colonial Secretaryship of the present day. than a vieeroyalty, Ava8, on the deatli of Soisson, conferred on the Prince de Conde, who sent Chiimplain from St. Malo for the Colonial Seat of (Jovenunent, on the 6th March, 1013, as Deputy Governor. Champlain arrived at Quchec on the 7th of May. The infant colony was (juiet and contented. Furs wore easi- ly ohtained for clothing in winter, and in summer very little clothing of any kind was necessary. Tin; chief husiness of the then colonial mercliantswas the collection of furs for ex- portation. There were, properly s[)eaking, no merchants in the country, but only factors, and other servants of the homo Fur Company. The country was no more independently peopled than the Hudson's Bay Territory now is. The ac- tual presence of (.'.ther governor or sub-governor was unne- cessary. C*ham])lain only made an official tour of inspection to Mount Royal, Explored the Ottawa, and returned to France. lie was dissatisfied with the appearance of aft'airs, and ])ersuaded the Prince of Conde, his chief, to really set- tle the country. The prince consented. A new company was formed through his influence, and, with some Roman Catholic Missionaries, Champlain again sailed for Canada, arriving at Quebec early in April, 1615 — a proof that the winters were not more intense when Canada was first settled than at present. Indeed the intense cold of Lower Canada, compared with other countries in the same latitude, is not so much attributable to the want of cultivation as to the height of the land, and the immense gully formed by the 8t Law- 161(1. TIIK rOl.D — LAKK II I' HON. roiice, and tlio o-roat lakes wliicli receive the cold l)la8t.s of the mountainous reirion whieli constitutes the Arctic hiffh- lands, and from which the rivers runtiinif to tlie nortliward into Hudson's Bay, and to the soutliward into the ^jreat lakes and the St. Lawrence, take their rise. Tlic icy breath of the distant north and nortliwest sweeps down .such rivers as the Ottawa, the St. Maurice, and the Sagueiniy, to be gathered into one vast channel, extending throughout Canada's whole extent. And, clear the forest as we may, Canada will al- ways be the same cold, healthy count ry that it now is. Lower or ratlier Highland Canada, will be especially so, without, however, the general commercial prosperity of the countiy suffering much on that account. There are lowlands enough for a population far exceeding that now occupying the Uni- ted States. But this is a digression. Champlain's Mission- aries set themselves vigorously to the work of christianizing the heathen, while Champlai'n himself industriously began to fight them. Ho extended the olive branch from his left hand, and stabbed vigorously with a sword in his right hand. The Missionaries established churches, or rather the cross, from the head waters of the Saguenay to Lake Nepissing. Champlaiu battled the Iroquois from Mont lloyal to Nepis- sing. Rather he icoidd have done so. He did not find them until ho reached, overland and in canoes, Lake Huron, the superior character of the land in that neighbourhood attract- ing his particular attention. He found his "enemy" en- trenched by " four successive palisades of fallen trees," says Smith, ••' enclosing a piece of ground containing a pond, with every other requisite for Indian warfare — a very Sebas- topol, upon which Champlaiu discharged his fire-arms, dri- ving the L'oquois back to their camp. The place was, how- ever, impregnable, and the siege was reluctantly raised. The Algonquins would only fight as they pleased. They were sadly in want of a head. They would not use fire-arms, but " preferred firing their arrows against the strong wooden de- fences." Champlaiu was t\^•ice wounded in the leg, and his allies, making the non-arrival of reinforcements an excuse, fi 10 SIXTY WHITK 1MIAUITANT5. 1620. retreated. Champlain innisted upon ^oint? homo, but trans- port was wantiiii;, and hu wu.-* coiiipolled to winter, a« best ho could, in a dosolato region, Avith his disicomlittt'd allies. In the tbllowinu: year ho ifot away, and made liaHtedownhirt Black Sea of Ontario, to his Golden Horn at Tadousac, from thence, on the 10th of Sept., lOlG, returning to his native country to find his partner, the Prince of Conde, in dingraco and in ^confinement, for what tlie historian knows not. Tho Prince had possibly been playing Hudson, for we find that the Marshal de Tliemines was prevailed upon to accept tlie office, on condition of sharing the emoluments. But he too became involved in "controversy with the merchants," and after only two years presidency of the Company, resigned, when the Duke de Montmorenci obtained the Viceroyalty from Conde, for eleveti thousand crowns. The Duke was Lord High Admiral of France, and Champlain was exceed- ingly glad. Another new colonizing company was formed. Seventy-seven artisans, farmi'rs, physiiciaus, or gentlemen, three friars, horses, cows, sheep, seed-corn, and arms were collected at Rochelle for exportation in 1019. But the lay- men, partly Protestants and partly Roman Catholics, began to squabble about the immaculate conception, or something else, equally stupid and unimportant, until Champlain him- self got into troul)lo and nearly lost his Deputy Governorship, and the expedition was delayed. In 1620, Champlain, how- ever, set sail, and on his arrival at his capital, in July, was agreeably surprised to find that a missionary, named Duples- sis, had got so far into the good graces of the Hurons, at Trois Rivieres, that he had discovered and frustrated a plan for the massacre of the French colonists. At Tadousac affairs were not at all flattering. The colonists had neglected cultivation. Only sixty white people remained, ten of whom were reli- giously engaged in keeping school, or were engaged in keep- ing a religious school. At this period of time it is difficult to say which. Worse than this scurvily decimated condition of the people, was the intmsion of some unprincipled and unprivileged adventurers from Rochelle, who had been bar- lOJl. terin^ Cham what Canac father by He or Re« institu was at This ^ liour o sible tl] certain w* h tl) ahianc£ and dec Tlie Ire were re Quebec wooden and the to be th dispute ( and the he met ' who hac his supp trade an mined o suprema nephew. lor. Th had well he was r( rived at De Caen conceded 1021. THE FIRST FHANCO-CANADIAN. n ie re tering lire-firiUii with the Iiidiaiis tor tho Coinpniiy'sJ fur:*. Chaniplain was very- wroth, but niodoratcd his an^or some- wliat 0!i nseertaiuiui; that an enfant (fa .sol — a real Frencli- Canadiau hahy was in tlie hin27. Cathf energ mass 1 room hung ( He wji man a\ himsol tificati( had ev Protest of his f Lawrei tainlng The ex( should Champ I He mad 0U3 diss all l-hes( bratcd ( derived the privi newer c ciatcs w« ply neeo large nu ate chur ported Iv glebes, o support singing c the Huu( always a was proc year, 162 h'>2 i. TllK lirXDKKI) ASSdCIATKS. 13 Catholic Religion (hvouglioiif tlie now world. AVitli much energy of character, ho was singularly pious. TFo {ittondod mass regularly at an early hour every morning. Tils bed- room was religiously Ktted up; the syml)ol of redemption hung constantly over the head ol" his hod. TTo was no higot. He was thoroui2rhlv in earnest, lie was onlv not wise. The man who had caused Champlain so much annoyance was himself a Huguenot, and not that only, — to the Duke's mor- tification, he had taken to Canada chieny l*rotestants, and had even caused the Jvoman Catholic e:nigrants to attend Protestant worship on shiphoard. Two thirds of the crew8 of his ships were Protestants. They sang psalms on the St. Lawrence. The new vicerov was much annoyed on asccr- tabling that Do Caen had permitted such a state of things. The exorcise of the Protestant religion, he had given orders, should bo barelv tolerated," and he had been disoboved. Champlain did not trouble himself about religious squabbles. lie made himself ditiiculties with the Indians, leaving religi- ous dissensions to 1)C made l)y liis would be superior. Amid all these difliculties the fur trade languisbed, and tlio cele- brated Cardinal Richelieu, who knew the advantages to be derived from Vcntadour's pious missionary eftbrt, vevoked the privileges of Do Caen's new company, and established a newer company called the Hundred Associates. The asso- ciates were not only to colonize, but they were amply to sup- ply necessaries to the colonists. They were to send out a , larii'C number of cleroTmon. Those cler3(j. of office had expired. On tlie death of ChanipUun, no Gov- ernor of Canada was to hohl tlic reins of ii^overninent longer than three years. i3'Aille])ont \\'as an exceedingly able man. lie was lirni, and, on the whole, just. He was left entirely to himself in the management of affairs, and he left the con- version of the Indians to peace and Christianity, to the mis- sionaries, who laljored well and earnestly, establishing the Iliirons, and even the Iroquois, in villages. The latter, who were never to be trusted, onlv feiu-ned semi-civilization, and unexpectedly renewing the war, they fell upon their old enemies, the llurons, with diabolical fury. In the Indian village of Sillery, while a missionary was celebrating mass in the Catholic Church, and none Init old men, women, and children were present, a terrible and foul massacre occurred. The Iroquois rushed into the chapel witli tomahawk and scalping knife, murdering all the congregation, nor stayed their hands ujitil upwards of four hundred fanulies, being every soul in the village, were slain. Al)out this time our friends soutli of the line 45®, tirst began to dream of the annexation of Canada. An envoy from ^qw England visited Quebec, and proposed to the French governor the es- tablishment of a peace between the two colonies of a^ew France and Xew England, which was not to be broken even should the parent states go to war. Governor Montmagny consented, on condition that the Iroquois were to be put doAvn. He was so willing that he sent an envov to Boston to ratify a ti'eaty. But the Xew Englanders would not quarrel with the Iroquois, and no treaty was effected. A more hope- ful international commercial alliance, of which the Boston Jubilee of 1851 Avas indicative, has lately been entertained. Compared to the Iroquois, or even the Algonquins, the Hu- ron tribe of Indians were mild in disposition and peaceably disposed. The French missionaries obtained a powerful hold over them. Great numbers became christianized, and even, to some extent, civilized. Descendants of Nimrod though they were, their wandering habits were partially subdued, and very many began to cultivate the ground. As if there Ifllitl. THE EFFKCT OF RUM TPOX THE IROQUOIS. 17 •■1 le was something in the crimato of Quebec to produce such an eft'ect, they were naturally inclined t^ho supremely tranquil. And notwithstanding" the recent horrible massacre they soon sank back into their ordinary state of Icthargv. They were fearfully aroused from their letliarffy, however, by another series of attacks on the part of the Iroquois. The latter fero- cious red men made a descent upon the village of St. Ignaco, killing and capturing all the Ilurons there. They next at- ■• :'ked 8t. Louis, and though some women and children man- aged to escape, both riiissionaries and Ilurons were carried off for the torture. The Huron nation, terribly damaged, seemed to be at the mercy of their more savage enemies. They scattered in every direction. Their settlements were altogether abandoned. Some sought refuge with the Otta- was, some with the Eries, and not a few attached themselves to missionaries, who formed -them into settlements on the Island of St. Joseph., in Lake Ontario. Unable, however, to lind sutficient subsistence on the island, they were com- pelled to form villages on the main land, where they were again slaughtered by the Iroquois. So inferior had they be- come, physically and intelledually, if not numerically, to the Iroquois, that they resolved to put themselves altogether under French protection. This protection the missionaries procured for them, and a new settlement was formed at Sil- lery. The Iroquois now did what they pleased. They were in full possession of the whole country. The French were literally confined to Quebec, Three Elvers, and Montreal. But that which neither French nor Ilurons could do bv force, they were made to do tliemselvcs. They were destroyed in hundreds by rum. The French appealed to their appetites. Iroquois independence was broken in upon by a mere artifice of taste. Furs were now bought, not with pieces of tin and strings of beads, but with plugs of tobacco and bottles of spirits. Intoxication had its ordinary' effect. It caused these naturally hot-blooded, quarrelsome, freemen to butcher each other, and it made them the slaves of the fur trader, whose exertions increased as the favorite narcotic lessened the exer- 18 ARRIVAL OP TROOPS — A MOON-LIGHT rLlTTl.tO. 1660. 's!"?.! "'.' 'f tions And weakened the energies of the hunter. So injurioufl was the effect of the "fire water," and so obvious was the injury to the Indians themselves, that the Chief of the do- mesticated Indians petitioned the Governor, their great Fa- ther, to imprison all drunkards. AVhether or no D' Aillehout granted the request is not recorded. Probabl}' it was not then granted. Among the -Ec/^/s, Ordonnanccs Boyaux, declar- ations^ et arrets du Counsel d'etat Roi concernant le Canada^ no- thing concerning Indian intoxication is to be found. D' Aille- hout ceased not long aftenvards to be governor. In 1650 he was succeeded by Monsieur deLauzon. So hostile, however, had the feelings of the Iroquois now become, that M. de Lauzon returned to France for a detachment of soldiers. He brought out 100 men in 1653. Then the Iroquois were dis- posed for peace. They begged for it. Might is right. The power of the new Governor was acknowledged by the Iro- quois. One hundred muskets was a powerful argument against even 6000 bows and arrows. Frenchmen were sent among them. An Iroquois Roman Catholic Church was founded. For two years all was tolerably quiet, but at the end of that time the spirit of insubordination was so great that the French, anticipating massacre, made a moon-light flitting to Quebec. M. Lauzon was superseded as Governor of Canada, in 1658, by the Viscompte d'Argenson. On the very morning of his arrival a large party of Algonquins were menaced under the very guns of Quebec by the Iroquois, who were driven off, but not captured, by a posse of French troops. In the fol- lowing year Monseigneur I'Eveque de Petree, anived at Que- bec, to preside over the Catholic Church. Fran9ois de Petree, a shrewd, energetic, learned prelate, was not, how- ever, appointed to the See of Quebec, by "Notre Saint Pere le Pape Clement X," as he himself tells us, until the Ist October, 1664. In 1663 he established the Seminary of Quebec, and united it with that of the du Bac, in Paris, in 1676. The education of young men for the ministry seemed to be his groat objeot. ,Trade would develope itself in time. his the off, fol- iue- de lOW- *ere l8t of [b, in |med lime. 1668. SWEARING 1N)> BLASPHEMY — THE BARTIIQUAKB. 19 The country could not fail to become great with so much deep water flowing through it. But religion must be pro- vided for, and the Catholic, the most consistent, if not the most enlightened, of any system of Christianity existing, was his religion, and he paved the way for its extension. Four hundred more soldiers had been added to the garrison before Francois de Laval was even Bishop of Quebec, and they accompanied de Monts, as the Guards did Lord Durham, who was also sent out to enquire into the condition of Canada. In de Mont's time, Canada must have been in a very extra- ordinary state. In 1668, an edict of the king prohibited swearing and blasphemy. The king ruled that oflicers of the army had no acknowledged rank in the Church. And in 1670, an arret du Conseil encouraged '•'■ les marriages des gar- goTis et des JiUes du Canada" One of the most remarkable earthquakes of wiiicii we have read occurred in Canada, soon after the arrival of the Bishop of Pctrea. It happened, too, in winter. On the 5th of February, 1663, at half-past five o'clock in the evening, the earth began to heave so violentl}^ that people rushed in terror into the streets, only to be terrified the more. The roofs of the buildings bent down, first on one side, then on the other. The walls reeled backward and forward, the stones moving as if they w^ere detached from each other. The church bells rang. Wild and domestic animals were flying in every direction. Fountains were thrown up. Mountains were split in twain. Rivers changed their beds or were to- tally lost. Huge capes or promontories tumbled into the St. Lawrence and became islands. The convulsion lasted for six months, or from February to August, in paroxysms of half an hour each, and although it extended over a range of country, 600 miles in length by 300 in breadth, not a single human being was destroyed. Beyond question this earth- quake altered entirely the features of the countrj- from Mon- treal to the sea ; but, that it did not produce that rent, a« some will have it, through which the Saguenay flows, id evident from th« fact that the Sagn«nay existed on C»rtiers n |«MHM— MMMBi 20 THE PHYSICAL FEATURES OF Tllli COUNTRY. 1663. I, I: first visit. It did not even produce those numerous islands with wliich the Lower St. Luwrenoe is i-itudded, for some of them are also mentioned l)v the same dariniy and skilful na- vigator. But for the sake of science it is to Ijc regretted that the particular rivers, whose beds were clianged or which were entirely ohliterated, have not been mentioned. The greater depth of the Saguenay tlian the St. Lawrence is easily accounted for by the greater height of the banks of the one river than of the other. In the St. Lawrence a large body of water finds an outlet through a chain of mountains forming the banks of a i-iver which is the outlet of a series of lakes or inland seas, in which the rains or snows of a great part of Xortli America are collected, as the Caspian, the Sea of Azof, and the Euxine are the rain basins of Europe and of Asia, and which spreads its waters over breadths of h\nd, great or small, as its sliorcs are steep or otherwise. If Canada is high al)ovc the oceaii, and on that, as well as on other accounts, iutcnselv cold in winter, it is some consola- tion to know that that latitude, Mhich is in some sense to be regretted, has produced a ri^er and lake navigation for sea- going ships of upwards of a thousand miles, more valuable than ten thousands of miles of prairie-land. A prairie country might have produced a Mississippi filled with snags, but only a mountainous country could produce such rivers for naviga- tion as the Saguenaj' and St. Lawrence, and such rivers for manufacturing purposes as the St. ^Maurice and the Ottawa. But Canada is not all mountainous. There are vast steppes, extensive plains, through which numerous streams roll slug- gishly into the great lakes. There are tracks of country of extraordinary extent capable of producing the heaviest crops. There are garden lands around most of the western cities, on which these cities of yesterday subsist and have arisen. And even in Lower Canada there arc straths of wonderful fertility. Canada, with any government which will permit trade, cannot fail to become pecuniarily rich, even with the draw back of the towns of Lower Canada being rendered inland for half the vear by means of ice. Lower Canada has been 1664. cripple policy, tor. I taming intellig fined tc geous, two mi pine, I nualh- self reli Churclu head wi and the begets ^ Be AJ Baron L stupid n suffered The Iroi upon ev minated in rendei by Euro Associate king, AvI India Cc the Crow tolic and General, and Coun Three K were esti hundred Excellenc proud anc sneered ai 1664. THE FlUST GOVEUXUU AM> CUU.NCIL. 21 crippled by tho policy of Cardinal Ricliclii'U, who, by tliut policy, paradisical as it may a])i)car, was her lirst benefac- tor. A theocratic government, no doulit excellent for the taming of Indian.-", is not by any mcjins well adapted for an intelligent peo[iK\ So long as the trade of Canada was con- fined to furs the Jesuitical ]tolicy of liichelieu was advanta- geous, but now that the Indians arc nearly exterminated — two millions of acres under cultivation — millions of feet of pine, birch, oak and other tindicr used or exported an- nuallv — and manufactures abonndiui-- — a somewhat more self reliant s[»irit is requisite than the establishment of Churches under the extraordinarv control of a single mitred head will permit. Such a spirit is being gradnally aroused, and the more gradual the more pei'nument will it be. Violence begets violence. Exam])lc is more persuasive than force. Dc Monts, or leather de Lauzon, was succeeded by the Baron D'Avaugour, the last of the Fur Governors, a weak, stupid man, who had almost by his imbecility and vacillation snft'ered the business of his employers to l)e extinguished. The Iroquois most vigorously waged war during his time upon every other tribe of Indians. Thoy altogether exter- minated the Erics, and in their very wickedness, did good in rendering their country more susceptibk; to colonization by Europeans. D'Avaugour was recalled. The Hundred Associates resigned their cliarter into the hands of the French king, who transferred the company's privileges to the West India Company. M. dc ^lesy was appointed governor by the Crown, and for a council of advice he had a Vicar Apos- tolic and five others, one of whom was a kind of Inspector General, and another a Ileceiver General. To this Governor and Council the power of establishing Courts of Justice, at Three Rivers and Montreal, was confided. Courts of Law were established soon after De jMesy's arrival, and four hundred soldiers were obtained from France to enable His Excellency to cause the law to be respected. De Mesy, of a proud and unbending temper, quarrelled with his Council, sneered at the settlers, and governed with a rod of iron. Ho ■ i 22 riR.>?T PKTTLKMKNT OF OLD SOLDIERS^. vm. cared neither for Vicar Apostolic, nor for Finance Minsters. Nay, he went so far, after quarrelling with the Jesuits, as to send twoniemhcrs of the Company to France, a niistake for which he paid the penalty In' heing hinifjclf recalled. De Mesy was succeeded l>y the Marcjuis do Tracy and was the se- cond Chief Crown Oovernor, or Vi(.'crov. lie was not fettered with a Council of Advice, but he was more absurdly hampered with almost (?o-equals in the shape of assistants. The Seig- neur de Courcellcs was appointed Governor of the Colony, and Mon. De Talon, Intendant. De Tracy brought with him as settlers the tlien newlv disbanded reo-inient of Cari- gnan-Sallicres, Avhich had returned from fighting, not for the Turks in Hungary, but against them. They had been extraordinarily successful. And France had acquired great influence by her successful eilbrts to stay Mahometan en- croachment. The Turks were then the oppressors not the oppressed. But France then, as now, was playing the balance of power game. The men of the Carignan Sallieres Regiment were admirably adapted for settlement in a country in which constant fighting was being carried on. They were to have a deep interest in subduing the Iroquois. They were some protection against the Eound-Keads of Massachusetts. Sixteen hundred and sixty-five other settlers, including many arti- sans, accompanied them. Cattle, sheep, and horses were for the first time sent to Canada. More priests were sent out, for whom the "West India Company were, by their charter, bound to provide churches and houses. The most Christian king had determined *ipon at least christianizing the country, and upon so retaining it. "Without priests and churches the Hungarian Heroes w^ould have been of as little value to France as the cattle, sheep, and horses which accompanied them to Canada. It was a condition of the West India Company's Charter that priests were to be carried out, and parsonages and churches erected. Like most companies char- tered for similar purposes, the stock of this company was trans- ferable, but only the revenue, or profits of the revenue could be attached for the debts of the stockholders. The company l««5. THH CANADA CoUPANT. 28 had a monopoly of the tcriitoi'v, antl tlio trade of the CoIoiit for forty years. Nor was tliis all. His most Cliristian Ma- jesty conferred a hounty of thirty liviesoii every ton of jroods imported to France, a kind of protection similar to that still extended hv the French e-overnment to the Newfoundland I' I? _^fisheries. The company had tlie ri^ht to all mines and mi- neral — had the power of levy in 2^ and recruitinj;' soldiers in France — had the power of manufaetnrinii; arms jind ammu- nition — had the power of Imildiniij forts in Canada — and had the power of declaring and carrying on war against tho American Indians, or, in case of insult, the Colonial Englishmen of New England, or the Manhattanese Dutch. Justice was to he administered according to the Custom of Paris. All Colonists of, and converts to the Roman Catholic faith, had tho same rights in France as P"'reiu;hmen horn and resident in France had. And. for four years the king him- self agreed to advance a tenth of the whole stock of the company, without interest, and to bear a corresponding pro- portion of any loss which the company, in tho course of four years, might sustain. These were certainly liberal and pru- dent privileges, but more ultimate good, or in other words, good would have been sooner realized had the conditions been less liberal and less prudent. These conditions were of too liberal a nature to cause any desire for change to be entertained for a great length of time, and the consequence is that even now Lower Canada is governed according to the " Cotume de Paris, " and cultivated as France was cultivated two hundred years back. A year after the Marquis' arrival, the Council of State granted to the Canadian Company the trade in furs on payment of a subsidy of one fourth of all bea- ver skins, and of one tenth of all Buffalo skins. The trade of Tadousac was excepted. Fort building and church building went on vigorously. The fur trade was easily attended to. Three forts were erected at the mouth of the Richelieu — Sorel. The Indians made sorties repeatedly down this river, always doing much mischief, and the forts were intended to prevent th« mischief. But the Iroq^uois were not to be foiled. 24 KINGSTON ror.NItKD. IliOO. TIloy found rnoiins to roncli tlie scMloniont,'* by otlicr ronds. Nor was Do Tracy to l)o annoyiMl. I Ii' sent out war iiartics who did not, liowovvi", otlvct mii'-li. The \'iccroy, an ohl man ot'sonic sevi-nty .sunuuci's, took the Ih'ld liiiusoH*. With the view ot'extermiiuitiiiii' the Juchans, lie set out on tho 14th Sept., l(!t)<>, with a eonsiiU'i-ahle force consist! Ui;' of retijuhir troops, militia, and frieiully Indians, rnfortuiuitely the Commissariat Department was hiidly conihicti'd, and tho extCMMuinatinu- foi-ce were nearly thiMnselvos oxtcrminatod by starvation. They had to pass tlirou_u-h a largo tract of forest land to moot their foes, and they frequently lost their way. The haversack was soon emi)tiod, and the starvingarmy was only too happy to breakfast, dine, and su|> on chestnuts gathered in the bush, until s(Mne Indian settlements were reached. They came upon almost a forest of chestnut-trees, and fell upon them like locusts. They ate and tilled their haversacks, and it was well that they did so, for the Iroquois had adopted the Russian expedient of abandoning their vil- lages, and sulfering the enemy to march through a country altogether wanting in the bare necessaries of life. M. De Tracy marched and countermarched without eti'ecting any- thing beyond capturing some old men, and one or two women with their children. Luckily he fell in with supplies of corn in one of the abandoned settlements which he took possession of for the beneiit of his army. Still more luckily he got to Quebec ;igain safely, but so thoroughly disgusted wdth the state of afiairs, that ho resigned his goverimient into De Courcelh's hands, and returned to France. De Courcelle was anuiu of some address. He cajoled the Iroquois and Y^revented war. He was the founder, but not the builder of Fort Cataraqui or Kingston, on Lake Ontario. He settled Ilurons at Michillimacinac. Both fort and set- tlement were intended to benefit the fur trade. The new- settlement w\as in fact a new hunting ground, and the new fort was for the protection of the hunters. De Courcelle visited personally Cataraqui. He was dragged up the La- chine, the Cedars, and other rapids of the St. Lawrence, in V>U2. TIM': SMALL I'OX — DK FllnN'TIJNA*' — SALll ill' SPIUITS. •'A an oiicn l)()at, but hu1Km\'(1 iVoin moiHtiuv ami fxposuiv to Bucli an extont that, on ro(uniiiii>; to Montreal, lio solicited Jiis recall to France, and was recalled aeeordiiii^^^ly. In ItiOO, the Indians encountered, in the shape ol'sniall- pox, a inoro terrible Ibe than the musket, tlie sword, the arrow, or th'.> " tirewater. " AV^hole tribes were exterminated by this loathsome disease, which ai>i>ears not to have been imported, inasmuch as tlie most distant and least civili/evQrQ frequent, and only for Father Henne- pin's exhaiLitlons, shipbuilding would have been abandoned to a later ?^ lod, on the lake. But carpentor Tuti persevered, and amid eiithusiastic cheering, the c^iai >+'ng of a Te Dciim, and the tii ng of guns, she was saioly launched. The " Cataraqu)" was square lig^^ed. She was a kind of brigan- tine, not unlike a Dutch galliot of tho present day, with a broad elevated bow and a broiul elevated stern. Very flat in the bottom, she looked much larger than she really was, and wl.Ln her "great " ;^thi- wero fired off, the Indians stared marvellously at iho fJ-ating fort With the aid of tow-iincH and jaik tl.c Nif-garf! Kiver wa^ witii difficulty ^,.. ■^.■»v..m.ipii»»n».«-il 28 VOYAGE OF THE CATARAQUI — TEMPEST ON LAKE ERIE. 1679. ascended, and on the 7tli of August, 1679, the first vessel that ever sat upon tlie lakes entered Lake Erie. Tlie day was beautifully calm, and tlie explorers chanted Te Deums, and fired off guns, to the no small consternation, perhaps amusement, of the Senecas. In four days they sailed through the lake, and entering the liivcr Detroit they sailed up it to Lake St. Clair, and in twelve days more Lake Huron was entered. In that lake storms and calms were alter- nately encountered. On one occasion the wind blew so strongly, that La Salle's man of war was driven across to Saginaw Bay. But worse weather was yet in store for La Salle. A tempest swept over the lake, and topmasts and yards were let go by the run. There was neither anchorage nor shelter, and La Salle and all his crew, now terribly frightened, prayed and prepared for death. Only +ie pilot swore. He anathematized the fresh water. It was Uc' ;i oi'ougli to perish in the open ocean, but something terrible to be drowned in a nasty fresh vv^ater lake, to be devoured, per- haps, by an iclithyosaurus. Prayers and curses seemingly had produced the desired effect ; indeed, the pilot's anathe- matizing was prayer ; but such prayer is not by any means to be recommended. It would be as well to curse as only to pray when fear is excited. Prayer, doubtless, often is, but never ought to be, the effect of fear. Prayfer should be the holy offering up of reasonable desires to the Creator, and in times of danger there should be confidence in the Creator as all powerful, and in ourselves as the instruments of the Creator. However, favored with less adverse winds, th<: exploring expedition reached Michillimacinac, and anchored in 60 fathoms, living on delicious trout, white fish, and stur- geon. From thence entering Lake Michigan, they pro- ceeded to an Island at the mouth of Green Bay, where La Salle loaded his ship ^vith furs and sent her back to Niagara. The cargo was rich. It was valued at 50,000 livres. The blaspheming pilot and five men were sent off with the vessel, but whether the craft foundered in Lake Huron or was pi- ratically visited by the Indians, she was no more heiu'd of. i 1 1682. Two J learned pilot, sissippi mouths to our e steps to GoveriK first Go I. to th( was not mand of the 24th phical si iug thro murdere fiite for Canada Indians ; and ]^ov lakes to ocean th] stream b( The Ind: spots on establishc M. De roy. Th. vdspositio strong go idea of di occuiTed Iroquois p trading w down the exporter, mode of c 1682. MOUTHS of the Mississippi — murder of la salle. 29 I i 1 Two years elapsed before La Salle or Father Hennepin learned the fate of the " Cataraqui" and her blasphemous pilot. They perseveriugly pushed their way down the Mis- sissippi and readied the Atlantic, thus discovering the mouths of a stream which has been a great source of wealth to our enterprising neighbours. In two years he turned his steps to Quebec, and going home to Franco was appointed Governor of the territory he had discovered. He was the first Governor of Louisiana, a territory ceded by I's'apoleon L to the United States, in 1803. The unlucky Governor was »iot destined to reach his government. La Salle, in com- mand of four ships, with settlers, sailed from Rochelle, on the 24th of July, 1689. He was ignorant of the exact geogra- phical situation of the mouths of the Mississippi, but pass- ing through the Antilles, reached Florida, where he was murdered by his own people — a melancholy and lamentable fate for one of whom all Frenchmen may justly boast. Canada now numl)ered 8000 souls, including converted Lidians ; and French America extended from Newfoundland, and ifova Scotia through the St. Lawrence and the great lakes to the Pacific, and from the great lakes again to the ocean through the ^Mississippi, all the westward of even that stream being French soil. Yet it was only nominally so. The Indians Avere virtually the ow]iers of the soil, those spots on which forts or trading posts had been erected or established, only excepted. AI. De La Barre now (1682) succeeded Frontenac as Vice- roy. The new Governor was of a restless and overbearing Tdsposition. He required, or supposed that he required, a strong government. He certainly needed an able one. The idea of drawing oli' the trade of the St. Lawrence had first occuiTed to the English colonists on the Hudson. The Iroquois preferred trading with the "down south" English to trading with the French. Their fiu^s were cliiefly carried down the Hudson, to the no small annoyance of the French exporter. De La Barre had no idea of tolerating such a mode of doing business. The furs of Canada were French '..Trr 30 INDIAN DIFFICULTIES — FollT NIAOAUA. 1G85. fars. The Iiidiaiis were merely Imnters for the French, and liad no right wliaicvor to disposse of their goods in the dear- est njurket, and hwy tlieir necessaries in tlie clicapcst mar- ket. De La Barre, weakened thougli he Avas in tlie number of his troops, many men liaving converted their swords into ploughsliarcs, and their guns into reaping liooks, resolved upon punishing tlie free-trading cliildren of the woods. lie obtained two hundred additional soldiers from Franco, and proceeded up the St. Lawrence on his labor of love. The Lidians only lauglied at him. They thought ho was in a dream when he pompously required them not to w\ar upon eaCi v;)tlicr, or permit the English to come among them. IIis^n-)]v were sick and starving, and were at the mercy rather ul i''c Indians than the Indians at their mercy. M. De La Barre was compelled to withdraw his troops. The blustering, pompous, mischief-loving De La Barre was recalled by his government, for incompetency, and in 1685 was succeeded l)y Dcnonville. The Marquis Dcnonville was only more cunning than his predecessor, and perhaps more decided. No sooner had he set foot in the colony, than, with the assistance of the missionaries, ho persuaded the Iroquois chiefs to meet him on the l^anks of Lake Ontario. Denonville and the Indians did meet, and no sooner had they met, than Dcnonville treacherously caused a number of them to Ijc seized and put in irons, to ha sent as prisoners to the King of France, for seiTice in his gallies. Denonville erected a fort at Niagara, l)ccamc more violent and overbearing to the Indians, treated the remonstrances of the English of New York, concerning the erection of Fort Niagara, -with contempt, and at last ])rouglit upon himself, as the arrogant generally do, defeat and disgrace. This fort, to whicl> the North West Fur Company of (Quebec had offered to contribute 30,000 livres annually, in consideration of a monopoly of the fur trade, was destroyed by the Iroquois, who followed the now retreat- ing French to Cataraqui, made themselves masters of the whole country west of Montreal, and, to crown all, appeared lOHO. l)efore tl required and he ^^ gain tin allies, w time, th( attacked the Fren prisoners Nations 1 off two] I The fort abandonc virtually Tadousac It was Canada a tent Den attempted been too : They ^voi without s complied. an allian( Ottawas v the gain, French, v to be. £ Indians, s English ai the Indian disposed t< the Frenc] was receiv a union, trade of tl the Fur C imx DECEPTION AND IT;^ REr^ULT.-^. :U before tliat city witli propo,-:al.-; of peace. T)e?ioiivilIe wan required to restore the chiel's who had bccii scut to Franco, and ho was either, in a position not to resist, or wished to gain time. lie consented to neu'otiate. Tlie lliirons, liis allies, were not now so peaceably disposed. For the iirst time, they seem to have evinced a warlike spirit. They attacked the deputies, and insinuated to their prisoners that the French Governor had instigated them to do no. The prisoners were allowed to depart; a large party of the Five Kations heard their tale, descended upon Montreal, carried oft' two hundred of the inhabitants, and retired unmolested. The fort at Cataraqui was l)lown up, and for a time of course abandoned. Thus, in 1G80, French Canada was again virtually reduced to Montreal, Three Rivers, (Quebec, and Tadousac. It was in 1G89 that the Count de Frontenac returned to Canada a second time, asYicer6y, to succeed the incompe- tent Denonvillc. lie took out the captured chiefs, and attempte^J. to conciliate the Iro(|Uois. But the Indians had been too frequently deceived by his immediate predecessors. They would h ivc nothing to do with him, unless he restored, \vitliout stipulation, their captured chiefs. De Frontenac complied. He complied the more readily because lie feared an alliance between the Ottawas and the Iroquois. The Ottawas wore quite inditi'erent to French friendship, because tlicgain, in their estimation, was altogether in favor of the French, whose protectors the Ottawas considered themselves to be. So tar from provocation being now given to the Indians, a policy extremely opposite was pursued. The English and Dutch of the lS'"ew England settlements coveted the Indian trade in furs, and the Indians were more favorably disposed towards the English and Dutch traders than towards the French, because from the former a hu'ger consideration was received. It was Dc Frontenac's policy to prevent such a union, which would, as he conceived, have injured the trade of the St. Lawrence, and have injured the revenue of the Fur Company. De Frontenac induced the Ottawas to ' ■ »• 1 82 MAfJRACRE OF FCIIKNECTADY. I08y. !■• assist him ap^aiust tlio Englisli of New England, whom he had resolved to attack, France and England being then at war. lie fitted out three expeditions, one against ^ew York, a second against iSTew Hampshire, and a third against tlie Province of Maine. The part}' against iS'^cw York fell upon Schenectady, in Fehruary, 1690. The weather was exceedingly cold, and the ground deeply covered with snow. It was never even suspected, that, at such a season, a cam- paign would be begun. Yet, at the dead of night, while the inhal>itants of Schenectady were asleep, and not a sen- tinel was awake to announce the danger, the war-whoop was raised, every house in the village was simultaneously attacked, buildings were In'oken into and set on fire, men and women wore dragged from their beds, and even mothers, wilii their sleeping inflmts at their breasts, were inhumanly murdered. Sixty persons wore massacred ; thirty were made pric. ner •, dxA such as escaped, almost naked, fled through the deep snow, many perishing with the extreme cold, and the most fortunate being terribly frost bitten. At Salmon Falls, the party sent by Frontenac against i!^ew Hampshire, killed thirty of the inhabitants, took fifty-four prisoners, and burned the village. At Casco, in Maine, the third party killed and captured one hundred persons. Such was the business of colonists in those days. In Canada the majority had no voice in popular affairs. Governors, Intendants, Seigniors, and Priests, controlled the colonists as they willed. However much the Governor may have despised the Intend- ant, the Intendant the Seignior, or the Priest all put together, the merchant, artisan, and peasant were of no account. "VYealth without title was only a bait for extortion. The peasantry were serfs, and the nobles uneducated despots. Education was in the hands of the clergy, while power was solely vested in the Heads of Militaiy Departments. But if ignorance was particularly characteristic of the Canadians, the New Englanders could lay little claim to superior enlight- enment. Harvard's College, in Massachusetts, had appa- rently done no more for the ISTew Englanders, in 1692, than 1C02. ^he Semin Jeflge of Ic frecdoju ii people of ,' Boston, ^vc tagious" m fifteen ycai learned pJr craft. A re accused of Bradstrect v of Sir Willii for refusing death. Kor persons, "m hundred and time beibre ti of sense, cdi madness and cipled. A sadduceo. ' ' disease whicli wliat resembi motion of the sometimes dui at once deaf, c down their thi a prodigious le awideness, th again togethei Shoulder-blade afl:ected. Soni violently togetl and drawn bad De Frontenac of the Five ]S\at to be encounterc 1G02. EDITC.VTION — WITCHCRAFT. 33 the Seminary of (Juobco, in the way of (.liU'iiHini!; ii know- ledge of Icttoi'rt among I.I10 peopU\ from Avliich the desire [or freedom invarial)]y p.])ring^^, had done for Oanada. Tlie people of Salem, Andover, Ipswich, (lloneestcr, and even Boston, were accusing each other of witclicraft. A "con- tagious" malady, which affected children of ten, twelve or fifteen years of age, it was, oddly enough, said hy the learned physicians of the period, was the result of witch- craft. A respectable merchant of Salem, and his wife, were accused of bewitching children; the sons of Governor Bradstreet were implicated in the divinations ; and the wife of Sir William Pliippa was not above suspicion. One man, for refusing to put himself on tnal by ']nry, was pressed to death. Nor was Giles Correy the oidy suflerer : — nineteen persons, " members of the Church", were executed, and one hundred and fifty persons were put in prison. It was some- time before the conviction began to spread, that even men of sense, education, and fervent piety could entertain the madness and infatuation of the Aveak, illiterate, and unprin- cipled. A disbeliever in witchcraft was an 'obdurate sadducee. ' That conviction did at last possess men. The disease which affected the supposed bewitched children some- what resembled St. Vitus' Dance. It was an involuntary motion of the muscles. The affected w^ere sometimes deaf, sometimes dumb, sometimes blind. Oftentimes, they were at once deaf, dumb, and blind. Their tongues were drawn down their throats, and then pulled out upon their chins to a prodigious length. Their mouths were forced open to such a wideness, that their jaws went out of joint, only to clap again together, with a force like that of a spring lock. Shoulder-blades, elbows, wrists, and knees were similarly aflected. Sometimes the suffurer was bcuumbed, or drawn violently together, and immediately afterwards stretched out and drawn back. Do Frontenac set earnestly to work to pacify his old dnemies of the Five ligations. A new and more dreaded enemy had to be encountered. The I^uritans of Massachusetts, provoked E I • ■ ;t - —" *■»» l**W 34 PORT ROYAL REDUCED BY PHIPPS. 1693. ^■ by De Frontenac's aggressions, resolved to attack Canada, in self-defence. Sir William Phipps, afterwards the first Captain General of Massachusetts, born on the River Kennebec, a man of extraordinary firmness and great energy, who had raised himself to eminence by honesty of purpose, a strong will, and good natural ability, was ap- pointed to the command of an expedition, consisting of seven vessels and eight hundred men. The object of the expedition was the reduction of Port Royal, or Annapolis, in Nova Scotia, which Sir "William speedily and easily accomplished. A second expedition, under Sir William, was resolved upon, for the reduction of Montreal and Que- bec. Two thousand men were to penetrate into Canada by Lake Champlain, to attack Montreal, at the same time that the naval armament, consisting of between thirty and forty ships, should invest Quebec. The expedition failed. The Commissariat and Pontoon Departments of the land expeditio 1, were sadly deficient, and the naval expedition did not reach Quebec until late in October. The weather became tempestuous, and scattered the fleet, while the land force to Montreal mutinied through hunger. Sir William, on the 22nd of October, re-embarked the soldiers which he had landed, and sailed, without carrying with him his field pieces or ammunition waggons. Humiliating as the repulse was to Massachusetts, it was highly creditable to De Frontenac, who now easily succeeded in winning over the Five Nation Indians. Indeed, matters had so very much changed, that these enemies of his most Christian Majesty solicited the Governor to rebuild the fortatCataraqui, which was accordingly done. The Indians were not, however, unanimous in their desire for peace. There was a war and a peace party. To show his power, De Frontenac conceived the idea of a great expedition against the Indians. He col- lected regulars, militia, and all the friendly Indians to be procured, and, marching to Cataraqui, passed into the country of the Onondagos. On entering a lake, it was as- certained by the symbol of two bundles of mshes, that 1434 1697. DE FRONTENAC « PENOBSCOT EXPEDITION. 85 ii\ fighting men wore in readiness to receive them. De Frontenac threw up an earthwork, or log fort, to fall hack upon, and proceeded. De Callieres, Governor of Montreal, commanded the left wing; Do Vaudreuil the right; and De Frontenac, now 76 years of age, was carried, like Menschikoif at Alma, in the centre, in an elbow chair. The Indians fell back, and as they did so, pursued the Russian policy of destroying their own forts by fire. The French never came up with the Onondagos or Oneidas, but contented themselves with destroying grain, and returned to Montreal. De Frontenac's next expedition was to join Admiral, the Marquis Nesmond, — ^wh o had been despatched with ten ships of the line, a galliot, and two frigates, — ^with a force of 1500 men at Penobscot, with the view of making a descent on Boston ; to range the coast of ]S'e^vfoundland ; and to take New York, from whence the. troops were to return overland to Canada, by the side of the River Hudson and Lake Champlain. The junction was not effected, and the expe- dition failed. A treaty of peace, on the 10th of December, 1697, concluded between France and England, at Ryswick, in Germany, put an end to colonial contention for a short time. By that peace, all the countries, forts, and colonies taken by each party during the war, were mutually given back. De Frontenac, an exceedingly courageous and skilful officer, now became involved with his government at home. The French government began to perceive that advanced posts for the purpose of trading with the Indians for furs, were of little, if, indeed, they were of any advantage, while they were a continued source of war. It was proposed to abolish these stations, so that the Indians might, to the great saving of transport, bring in their furs themselves, to Montreal. De Frontenac demurred. These forts were the sign of power, as they were a source of patronage. The fur trade was a monopoly, carried on by licenses granted to old officers and favorites, which were sold to the inland traders as timber limits are now disposed of. Profits of 400 per cent were made on successful fur adventures, under a license 86 TUAUK — WAll — rorULATiON. 1703. to trade lo IJie oxtoiit oC 10,000 crowiiH on tlio mercluindizc and 000 crowns to each ol' tlio canocnicn. 15cavei' nkinR, ut Montreal, were then worth 28. 8d. BteiTin^ a pound weight. The lir.st Jisheiy waH formed at Mount Louin, on the south shore ol' tlie St. Lawrence, ahout halfway between the mouth of the CJnlf and (iuehec, in 1007. A company formed by the Hieur do Keverin, was tolerably Kuccessful. Canada was even now beginning to look u]), in a commercial point of view. J-)e Frontenac died in Xovend^er folloAving, in the 78th year of his age, and the Governor of Montreal, Da (Jalliercs, succeeded him. Do Callieres died suddeidy, iv few years after liis elevation, (1703) when the people of Ca- nada petitioned for the appointment of the Marquis J)o Vaudreuil to the Viceroyalty, and the king granted their prayer. The death of De Callieres occurred one year after a new declaration of war between France and England. This w^ar -was the result of unsettled boundaries, by the peace of Rj-swick. England declared w^ar against both France and Spain. Again Canadians and New Eng- landers sulfercd severely. The French of Canada, especially, allowed their Indians to perpetrate the most horrible atrocities. Women prisoners were inhumanly butchered in cold blood, before the very eyes of their husbands, only because they were unable to keep pace with other prisoners, or their captors. Both the Frencli and the English colonists were permitted by the parent states to fight almost unaided, to fight on imperial account, at colonial expense of blood and treasure. To Canada, nearly altogether a militaiy colony, fighting was particularly agreeable, and yet the population had not reached 15,000, while Massachusetts contained 70,000 souls ; Connecticut, 30,000 : Rhode Island, 10,000 ; New Hampshire, 10,000 ; New York, 30,000 ; New Jersey, 15,000; Pennsylvania, 20,000; Maryland, 25,000; North Carolina, 5,000; South Carolina, 7,000, and in all 142,000 souls. The difficulty of land transport confined hostilities to the border States, and preserved a balance of power between tlie contending colonists. Indeed, the St. Lawrence 1710. NEW KNcJLAND KXIMCMTION TO CANADA. :37 lion iiilbrded n coinparativcly easy iiioans ol" coiiimunicalion I'or the Frciicli to tliat art'orded by tlio mountain pasHCrf of Ver- mont to the New Kui-'laiiderH. The French coiikl more easily pounce upon the outposts of Lake Champhiiu tliau the New EncjUiuderri eouhl marcli to defend them. The Encrlisli colonists resolved upon makini:; a i!:reat effort. Massachusetts petitioned (Jueen Anno for assistance, who promised to send iivo regiments of reg'ular troops, which, with 1200 men, raised in Masaachusetts and lihode Island, were to sail from Boston for Quebec. Tlio fleet, with the five rei^iments on board, never came to hand, havinc; been sent to Portugal ; but 1800 colonists marched against Montreal, by way of Lake Champlain, and penetrated as far as A\^ood Creek, where the news of the altered destination of the fleet reached them and caused them to return. The French Governor acted on tho defensive. He made , exti'aordinary preparations for defence, which were needless, as the Iroquois Indians, having quarrelled with the English, on the ground that Iroquois safety consisted in the jealousies of the French and English, would not fight, and the invaders retreated. Another application being made to the (^ueen of England for protection, on the part of the New Englanders, Colonel Nicholson came over with five frigates and a bomb ketch, and having been joined by five regiments of troops from Now England, ho sailed with tho frigates and al)out twenty transports, from Boston, on the 18th September, for Port lioyal, which ho captured and called, in honor of his Queen, Annapolis. Animated with his success, Nicholson sailed for England, to solicit another expedition to <^ ^anada. His request was granted. Orders were immcdl;ilcly sent to the colonies to prepare their quotas of men, and only sixteen days after the orders to that eft'ect were received, a fleet of men of war and transports, under Sir Ilovenden Walker, with seven regiments of the Duke of Marlborough's troops, and a battalion of marines, under Brigadier General Hill, arrived at Boston. The fleet had neither provisions nor pilots, but by the prompt exertions of the colonists, 15 men ^ 88 CIENEUAL NICHOLSON — PEACE OP UTRECHT. 1613. of war, 40 tran8portn, and storertliips, with nearly 7000 men, sailed from Boston for Canada, while Colonel, now General Nicholson, marched at the head of 4000 provincial- ists, from Albany towards Canada. The fleet arrived in the St. Lawrence on the 14th of August, (1710) but in proceeding up the river the whole fleet was nearly destroyed. Tho pilots vere ignorant of tho channels, and tho ' ""i wcro contrary and strong. About midnight of the 2.-iia, a part of the fleet were driven among islands and rocks on the north shore, eight or nine transports were cast away, and nearly 1000 soldiers were drowned. The attempt to take Quebec was again abandoned. Tho ships of war sailed directly for England, and the transports, having provincial troops on board, returned to Boston. General Nicholson remained at Fort George until he heard of the miscarriage of the St. Lawrence expedition, when he retraced his steps to Albany. The Canadians had made extensive preparations for defence. The greatest possible enthusiasm p^^vailed in Quebec. The merchants of Quebec, in 171 'aised a subscription and presented the Governor with 50,uv. ^ crowns, for the purpose of strengthening the fortifications of the town. The peace of Utrecht was, however, concluded, in 1713, and Canada was left to contend only with the Outa- gamis, a new Indian enemy, who, in conjunction with the Iroquois, had determined upon burning Detroit, the limit of civilisation to the north west. The French soon caused their Indian enemies to bury their hatchets. At the peace, Quebec had 7000 inhabitants, and the population of all Canada amounted to 25,000, of whom 5000 were capable of bearing arms. Already the banks of the St. Lawrence below Quebec were laid out in seigniories, and the farms were tolerably well cultivated. Some farmera were in easier circumstances than their seigneurs. The imported nobility had dwindled down to the condition of placemen or traders* The Baron Be^ancour held the oflice of Inspector of Highways, and Count Blumhart made ginger beer. Three Rivers contained 800 inhabitants. A few 1745. SOCIAL CONDITION AND J'llOUHK.^r^. lid ianiior.s lived in tlio iicifrlil'oin'liootl of tli«» iiioiitli of the St. Francis. Montreal wna risinif ra[>iITION. 1745. I'l 28 pound 8liot, aiuT at the bottom oi'tlio liar])Our, opposite the entrance, was situated tlio royal ])attery of twcnty-eiglit Ibrty-tAvo prtunders, and two eighteen pounders. The entrance of the town, on tlie land .side, was at the west, over a draw-bridgo, near wliicli was a circular battery, mounting 10 guns of 24 jtounds shot. And these works bad been 25 years in building. Louisbourg was a place of much importance to the French. It v.-as a convenient retreat to such privateers as always annoyed and sometimes captured the New England fishing vessels. And the manner of this attack upon it is exceedingly interesting. It was determined on in January, 1745. Massachusetts furnished 3,250 men ; Connecticut, 510 ; Rhode Island and New Hampshire, each 300. The naval force consisted of twelve ships, and in two months the anny was enlisted, victualled, and equipped for service. On the 2ord of March, an express boat, which had been sent to Commodore Warren, the Naval Commander in Chief in the West Indies, to invite his co-operation, returned to Boston with the information, that without orders from England he could take no share in a purely colonial expedition. Governor Shirley and General Pepperell never- theless embarked the army, and the colonial fleet sailed the next morning. The expedition arrived at Canso on the 4tli of April, where the troops from New Hampshire and Connecticut joined it. Here, Commodore Warren, with his fleet, very unexpectedly joined the expedition. Shortly after his refusal to join, instructions which had been sent oft' from the British Government, approving of the attack upon Louisbourg, as proposed by Governor Shirlej', and which Pepperell had gone to attack, without waiting for Imperial approval, had reached Commodore Warren, and without loss of time he proceeded direct to Canso, whither it was reported the Colonial fleet had gone. Ills arrival was the cause of great joy among the colonists. After a short con- sultation with General Peperell, the Commodore sailed to cruise before Louisbourg, and was soon followed by the colonial fleet and army, which, on the 30tli April, arrived 1745. SIEGE OF LOUISBOURO. 41 in Cap Rouge Bay. It was not until then that the French were aware that an attack upon them was meditated. Every attempt was made to oppose the landing. They sent detach- ments to the landing places. But General Pcpperell deceived them. He made a feint of landing at one point, and actually landed at another. The stoiy reminds us of Sebas- topol. Next morning 400 of the ..English marched round behind the hills, to the north west of the harbour, setting fire to all the houses and stores, till they came wdthin a mile of the Royal Batteiy. The conflagration of the stores, in which was a considerable quantity of tar, while it concealed the English troops, increased the alann of the French so greatly, that they precipitately abandoned the Royal batteiy. Upon their flight, the English troops took possession of it, and by means of a well directed fire from it, seriously dam- aged the town. The main body of the army now commenced the siege. For fourteen nights they were occupied in draw- ing cannon towards the town, over a morass, in which oxen and horses could not be used. The toil was incredible, but men accustomed to draw the pines of the forests, for masts, could accomplish anything. By the 20th of May, several fascine batteri9s had been erected, one of which mounted five forty-pounders. These batteries, on being opened, did immense execution. While the siege was being proceeded with. Commodore Warren captured the French ship of war "Vigilant," of 74 guns, with her 560 men, and a gi'eat quantity of militarj'^ stores. This capture was of very great consequence, as it not only increased the English force and added to their military supplies, but seriously lessened the strength of the enemy. Shortly after this important capture, the English fleet was considerably augmented by the arrival of several men of war. A combined attack by sea and land was now determined on, and fixed for the 18th of June. Already the inland battery had been silenced ; the western gate of the town was beaten down, and a breach cftected in the wall ; the circular battery of sixteen guns was nearly ruined ; and the western flank of the King's bastion P 42 SURRENDER OF LOUISBOURU. 174G. was nearly demolished. The besieged were in no condition to resist a joint attack by sea and land. The preparations for such an attack altogether dispirited them. A cessation of hostilities was asked for, on the 15th, and obtained. On the 17th, after a siege of forty-nine days, Louisbourg and the Island of Cap Breton surrendered. Stores and prizes to the amount of nearly a million sterling fell into the hands of the conquerors. Nor was this the only advantage. Security was given to the colonies in their fisheries ; N^ova Scotia was preserved to England ; and the trade and fisheries of France were nearly ruined. The succefj^^'^l General, a New Englander by birth, was created a baro. ;t of Great Britain, in recognition of his important services to the State. Sir "William Pepper(w)ell rose on the ruins of Louisbourg. On France the bloAV fell with great severity. The court, aroused to vengeance, sent the Duke D'Anville, a nobleman of great courage, in 1746, at the head of an armament of forty ships of war, fifty-six transports, with three thousand five hundred men, and forty thousand stand of arms for the use of the French and Indians in Canada, to recover possession of Cape Breton, and to attack the colonies. Four vessels of the line, forming the "West India squadron, were to join the expedition, and Canada sent ofl:' 1700 men with the same view. The gi'eatest consternation possessed the English colonists, as part of this immense fleet neared the American coast. But there was, in reality, no cause for fear. The tempest had blasted the hopes of France. Only two or three of the ships, with a few transports, reached Chebucto Bay, in Nova Scotia. Many of the ships of this once for- midable expedition were seriously damaged by storms, others were lost, and one was forced to return to Brest, on account of cholera among her crew. On arrival at Chebucto, where Halifax is now situated, the Admiral became so despondent that he poisoned himself, and the Vice Admiral, no more a Roman than his superior, ran himself through the body with his sword. So died both these gallant but unfortunate men, whose moral courage quailed before what they knew 1746. A FRENCH FLEET INTERCEPTED. 43 must be public opinion in France. Nor were the disasters of the Duke d'Anville's ai-mament yet over. That part of the fleet which had arrived in America, sailed for the purpose of attacking Annapolis, only to be dispersed by a storm, in the Bay of Fundy, and to return to France crest-fallen. Another expedition was however, determined upon. Six men of war, of the largest class, six frigates, and four East Indiamen, Avith a convoy of thirty merchant vessels, set sail from Franco, with the Admiral dela Jonquiere appointed to succeed de Beauharnois as Governor of Canada. But a British fleet, under Admiral Anson and Rear Admiral Warren, dispatched to watch, and, if possible, intercept it, fell in with the French fleet on the 3rd of May, and before night all the battle ships had surrendered. The new Gov- ernor of Canada found himself a prisoner. The disagree- ble intelligence of this second failure reached France on the somewhat sudden and unexpected return of a part of the convoy, which had escaped capture, as night fell, on the day of the surrender of the fleet. Another Governor for Canada was appointed, the Count de la Galli^oniere, who arrived safely. De la Gallisoniere took an intelligent view of the position of aftairs. He saw the folly, in a mil- itary point of view, of keeping the frontier a wilderness, and recommended that a large number of settlers should be sent from France, who, by being located on the frontier, would act as a check upon the British. His advice was, however, unheeded, and de la Jonquiere having been released from capti\dty and conveyed to Canada, the Count resigned his trust to the Admiral, and returned to France. De la Jonquiere was exceedingly active and able. Shortly after, or about the time of his release from captivity, the peace of Aix-la-Chapelle was signed, and all conquests — Louisbourg included — made during the war, were mutually restored. But de la Jonquiere hated the English cordially, and by his hostile acts against the English fur traders, of the Ohio Company, he brought on that war between France and England, known as ''The French and Indian War." Sev- T-T WPP JteL4iii.,.Ci*.tiV.'Wf 'r...ii»i. . 44 THE NEW ENGLANDERS' CONVENTION. 1754. eral English traders were seized and carried to a French poii;, on the south of Lake Erie, and fortifications, at con- venient distances, were erected and occupied by French troops, between Fort Presqu'isle and the Ohio. War was ultimately declared, and Colonel George "Washington, afterwards President of the United States, was sent, at the head of a regiment of Virginians, by the British Governor Dinwiddle, to put a stop to the fort building, which, although joined by nearly 400 men from New York and South Carolina, he failed to accomplish, having been com- pelled by De Villiers, at the head of a force of 1500 French soldiers, to capitulate, with the privilege of marching back to Virginia unmolested. In Canada, De la Jonqui^re was by no means a favorite. Terribly avaricious, while the Intendant sold licenses to trade, the Governor and his Secretary sold brandy to the Indians. De la Jonquiere became enormously wealthy, but his grasping disposition so annoyed the people of Quebec and Montreal, that complaints against him were loudly made, and he was recalled. He died, however, at Quebec, before his successor, the Marquis du Quesne de Menneville, was appointed. The Anglo-Indian French War now raged furiously. The English colonists were recommended by the British Government to unite together in some scheme for their common defence. A convention of delegates from Massachusetts, New Hamp- shire, Rhode Island, Connecticut, Pennsylvania, and Mary- land, with the Lieut. Governor and Council of New York, was accordingly held at Albany, in 1754, and a plan of a federal union adopted. The plan was simply this : — a Grand Council, to be formed of members chosen by the provincial assemblies, and sent from all the colonies; which Grand Council, with a Governor General appointed by the Crown, having a negative voice, should be empowered to make general laws, to raise money in all the colonies, for their defence, to call forth troops, regulate trade, lay duties, &c. It met, however, neither with the approbation of the Pro- vincial Assemblies nor the King's Council. The Assembliee 1754. SURPRISE AND DEFEAT OF BRADDOCK. 45 rejected it because it gave too much power to the Crown, and the King's Council rejected it because it gave too much power to the people. Nevertheless, the Assemblies \mreser- edly declared, that, if it were adopted, they would under- take to defend themselvw from the Frcncli, without any assistance from Great Britain. The mother country refused to sanction it. Another plan was proposed, which met with universal disapprobation. A convention was to be formed by the Governors, with one or more of their Council to concert measures for the general defence, to erect forti- fications, to raise men, &c., with power to draw upon the British Treasury to defray all charges, which charges were to be reimbursed by taxes upon the colonies, imposed by Acts of Parliament. The English colonies, however, vigorously attempted to repel the encroachments of the French from Canada, and ultimately succeeded, notwith- standing the blundering incompetency of General Braddock and Colonel Dunbar, the afterwards celebnited Washington being Aid-de-Camp to the former on the Ohio. Braddock, in proceeding against Fort du Qucsne, * with upwards of 2,200 men, one thousand of whom were regulars, suffered himself to be surprised by only five hundred Frcncli and Indians, had five horses killed under him, was himself mortally wounded, and his troops were defeated. Nay, out of sixty- five officers, sixty-four were killed and wounded, and of the troops engaged, one half were made prisoners, through the ungovernable folly of a man, who advanced without caution, and attempted to form a line when surrounded in a thicket. It was at this time, when the English colonists, not only contemplated a federal union, but had determined upon expeditions — one against the French in Nova Scotia, which completely succeeded ; a second against the French on the Ohio ; a third against Crown Point ; and a fourth against Niagara. The Marquis du Quesne organized the militia of Quebec and Montreal ; minutely inspected and disciplined * Now called Pittsburg, and tho chief mauufacturiug town in the United States. ■MM ^^ 46 AVAllICIOUSNESS OF BWOT. 1755. I '» the militia of the seigneuries ; and attached considerable bodies of regular artillery to every garrison. Tired of the continual fighting l)etween Canada and the English colonies, the Marquis du Quesnc solicited his recall. His request was conceded. His most Christian Majesty appointed the Marquis de Vaudreuil de Cavagnac, son of a former Governor to succeed him. De Vaudreuil do Cavagnac sailed for the seat of his government with Admiral La Mothe, who was in command of a fleet newly fitted out, at considerable cost, at Brest. The sailing was not unnoticed by the English Channel fleet. Admiral Boscawen gave chase. He had eleven ships of the line, and with these he came up with the French fleet ofl:'I^^ewfoundland. A battle ensued, and two French vessels fell into the hands of the British, the remainder of the French ships escaping under cover of a fog. Quebec was reached without further molestation, and Gov- ernor De Vaudreuil de Cavagnac was installed. All Canada was, on his arrival, in arms. Every parish was a garrison, commanded by a captain, whose authority was not only acknowledged, but rigidly sustained. Agriculture was, consequent!}'', entirely neglected. Provisions were scarce ; the price of food was enormously high ; and the fur trade was rapidly declining. Notwithstanding this, the Intendant, Bigot, shipped olf large quantities of wheat to the West Indies, on his own account. The Marquis de Vaudreuil de Cavagnac sanctioned the avaricious exactions and dealings of Bigot. Practices the most dishonest and demoralizing were winked at or excused. The Governors positively enriched themselves on the miseries of the governed. A high standard value was given to grain in store. It was studiously reported that the fiirmers were hoarding up their stocks, and prejudice was so excited against them, that it was no difficult matter to confiscate their corn, on pretence that it was absolutely necessary for the city and the troops. De Cavagnac and Bigot bought cheaply and sold extrava- gantly dear. As the Russian officials cheat the Russian government, so did the French oflUciale cheat both the peo- 1750. CAI'TUUK OF OSWKOO BY MONTt'ALM. dug rely A pie and the government ofFranco. But it wan little wonder. The Governor had onlv a salary of £212 sterlino- out of which he was expected to clothe, maintain, and pay a guard for himself, consisting of two sergeants and twenty-tive soldiers, furnishing them with liring in winter, and other necessary articles. A Governor was compelled to trade to ho on a pecuniary level with the merchant. The hostilities hetwcen the colonists of English and French extraction for the two preceding years had heen car- ried on, without any formal declaration of war. It Avas not until June, 175C, that war was declared by Great Britain against France, and operations were determined upon on a large scale. Lord Loudon was appointed Commander in Chief of the English forces in America, a?id General the Marquis do Montcalm was appointed Generalissimo in Canada, in room of Dieskau, who was disabled at Lake George. The English commander matured a plan of cam- paign, formed by his locum tcnens, General Abercrombie, which embraced an attack upon Niagara and Crown Point, still in possession of the French, the former being the con- necting link in the line of fortifications between Canada and Louisiana, and the latter commanding Lake Champlain* and guarding the only passage at that time to Canada. Loudon was as hesitating and shiftless, as Abercrombie had been an improvident commander. The expedition against Crown Point was unaccountably delayed. General Winslow, at the head of 700 men, was not permitted to advance. Montcalm, as energetic, able, and enterprising as his opponents were indecisive, with 8000 regulars, Canadians, and Indians, made a rapid descent upon Oswego, at the south-east side of Lake Ontaria, and captured it. Sixteen hundred men, one hundred and twenty pieces of cannon, fourteen mortars, two ships of war, and two hundred boats and batteaux, fell into the conqueror's hands. Lord Loudon, prone to inactivity, instead of vigorously pushing forward upon Crown Point, to retrieve this great disaster, made the disaster an excuse for relinquishing the entei'prise. The 48 INCOMPETENT OENEttALS — CIIANaE OF MINISTRY. 1756. failure of the campaign of '56 much aimoyed the British Parliament and people, and great preparations were made in the following year to prosecute the war to a successful issue. It was in vain, while Lord Loudon was in command of the colonial army. A fleet of eleven ships of the line, and fifty transports, with more than six thousand troops, arrived at Halifax, for tlie reduction of Louisbourg, and Lord Loudon ordered a large body of troops, designed to march upon Ticonderoga and Crown Point, to co-operate. But so dilatory was his Lordship, that before tlie expedition from Halifax was ready to sail, a French fleet of 17 sail had arrived at Louisbourg, with reinforcements, making the garrison nine thousand strong — and this fine specimen of a hereditary commander deemed it inexpedient to proceed, and abandoned the expedition. Montcalm, again profitting by the weakness and indecision of his adversaries, made a descent on Fort William Henry, situated on the north shore of Lake George, with nine thousand men. The fort, gar- risoned by three thousand men, was commanded by Colonel Munroe, who obstinately defended it. Nay, had it not been for the silly indifterence of General "Webb, who was in com- mand of Fort Edward, which was within only fifteen miles of Fort "William Henry, and was garrisoned by 4000 men, the French General might have been unable to make any impression upon it. But Webb, although solicited by his second in command, Sir "William Johnston, to suffer his troops to march to the rescue, first hesitated, next granted permission, and then drew back. Li six days the garrison surrendered, Munroe and his troops being admitted to an honorable capitulation. Reverses such as these, involving great misery, inasmuch as the Indians too frequently butchered their prisoners in cold blood, could notfail to have an efifect upon a ministry which had appointed such incapa- bles to command. A change of ministry was loudly demanded, and most fortunately for the honor of^the British arms, and for the salvation of the colonies, there was a change. The great Pitt, afterwards Lord Chatham, was the 17.06. AUERCROMBIE S ATTACK ON TICONDEKOGA. 49 Palraor.stou of that da v. Placed at tlic head of the adinin- istration, he breatlied into tlic British Councils a new sonh He revived the enci'i!,'ies of the coh)nies. He ,i>'ave new life to dependencies, wliose h)yalty was weakened, and wliose means were exhausted by a series of as ill-contrived and unfortunate expeditions as were ever attciapteth He addressed circulars to the colonial (Joveriiors, assuring tliem of thcdetenuination of the niinistrv to send a laru'c force to America, and called upon the colonics to raise as many troops as possible, and to act proni[itly and liberally in fur- nishing the requisite supplies. The colonies nobl^' responded. Massachusetts, Connecticut, and Xew England unitedly raised 15,000 men, who were ready to take the Held in May. An expedition to Louisboui'g, a second to Ticonderoga, and a third agninst Fort du Quesue were determined upon. The tide of success was on the turn. Admiral Boscawen, with a fleet of twenty ships of the line, eighteen frigates, and an army of fourteen thousand men, under the command of General Amherst, his second in command being (Jeneral "Wolfe, sailed from Halifax, for Louisbouj'g, on the 28th of May. Louisbourg resisted vigorouslv, but oji the 2Gl;h of July tliis important fortress was a second time in the posses- sion of Great Britain. 5735 men, 120 cannon, 5 ships of the line, and 4 frigates were captured. Isle Koyal and St. John's, with Cape Breton, foil, also, into the hands of the English. Against Ticonderoga the Engllsli were not so successful. This central expedition was conducted by General Abcrcrom- bie, who had succeeded Lord Loudon as Commander-in- Chief in America, that nobleman having returned home. He had with him 10,000 men and a formidable train of artillery. Ticonderoga was only garrisoned ]>y 8000 French. The passage of Abercrombie across Lake Champlain was only a little less splendid than that of the British andFrencli armies over the Black Sea, from Yarna to Eupatoria, in September, 1854. The morning was remarkably bright and beautiful, and the fleet moved with exact regularity, to the sound of fine martial music. The ensigns waved and glittered in the o . i: 1; •MMi 60 .Sl'llURNDKR OF I'OIIT FUONTEXAC. 1751). Hunbcams, and the aiiti(;i[»fitioii of futiiro triuuiphs shoiio in every eye. Above, beneath, around, the scenery wa.'^ that of enchantment. Ttwas a coniplieation of beauty and nia<;'- nificence, on Avhich the sun rarely sliines. l>iit General Abercrornl)!e was unequal to the eoniuiand of such an army. Ho left to incompetent Aides-de-Camp the task of iveonnoi- tcring the ground and entrenchments, and without a know- ledge of the strength of the place, or of the points proper for attack, and without bringing up a single piece of artillery, ho issued his orders to attempt the lines. The army advanced with the greatest intrepidity, and for upwards of four hours (the duration of the battle of the Alma) maintained the attack with incredible obstinacy. Xearly two thousand of the English were killed or wounded, and a retreat was ordered. On reaching Lake George, his former quarters, the defeated and mortilled Abercrond>ic yielded to the solicitations of Colonel Bradstreet, who desired to be sent against Fort Frontonac, (now Kingston) on Lake Ontario. Three thousand provincials were detached on this expedition, and in two days the fortress had surrendered, and 9 armed ves- pels, 60 cannon, and sixteen mortars, and a vast quantity of ammunition were taken possession of. Fort du Qucsne Avas evacuated on the approach of General Forbes, with 8000 men, and was re-named Pittsburg, in honor of the Prime Minister of England, Mr. Pitt. Elated by success, the entire conquest of Oaimda was now determined upon by the English. Three powerful armies were simultaneously to enter the French Province by three different routes — Ticonderoga and Crown Point, Niagara and Quebec were to be attacked as nearly as possible at the same time. On the 22nd of July, 1750, the successor of Abercrombie, General Amherst, attacked, first, Ticonderoga, and then Crown Point, both places being evacuated on his approach, the French retiring to Isle Aux Noix, where General Amherst could not follow them, for want of a naval armament. On the 6th of the same month. Fort Niagara was invested by Sir William Johnston, who sue- 17;>9. WOJ.Ft: t< INVA.SIOX. ol C'Cecled tu tLe ooiumand of the Xiaiiiiiru division of tlio ariiiv on tlio death ofOoiioral rridoanx, an ahlo and distinguished officer, nnfortunately kilU'd, four days previously, by tho bursting of u eohorn. A general battle took ]>lace on the 24tli, whieh decided the fate of Niagara, by placing it in tho hands of the invaders. The intended campaign of 1750, was early made known to General Montcahn : that on Quebec was made known to him on tlie 14th of May, by M. dc Bougainville, appointed on the Marquis' staff, as Aid-de-Camp. In January, u census of those capable of bearing arms in Canada was taken, when 15,220 were rcjiortcd as available for sciTico. Montcalm went energetically to work to preserve tho country to France. A council of war was held at Mon- treal, and it was decided that a body of troops, under Montcalm, the Marf[uis dc -Levi, and M. de Jcnnczcrgus, should be posted at Quebec ; that M. de Bourlcmarpie should hasten to Ticonderoga, blow up the works at tho approach of the English, retire by tho Lake to Isle-aux-Xoix, and there stubbornly resist. AN^ith 800 regulars and militia, the Chevalier de la Cornc was directed to hold the rapids above Montreal, to entrench himself in a strong position, and hold out to the last. It is, therefore, obvious, that the evacuation of Ticonderoga was determined upon; and that the retention of Niagara was not much desired. The intended march upon Quebec, by a large force from England, caused tho greatest uneasiness. Montcalm, luisteningto Quebec, pushed on the defences of the city and its outposts vigorously. The buoys, and other marks for the safe navigation of tho St. Lawrence were removed. Proclamations, calling upon the people to make a determined resistance, were issued. The people were reminded that they were about to contest with a powerful and ruthless enemy of their religion and their homes. The Church urged the luithful to resist the heretical invaders. General Wolfe was in the harbour of Quebec before either Ticonderoga or Niagara had fallen. Eight thousand men Tim 62 Tllli UKl'L'LSK AT MuNTMuUKNCI. 1751). 17, r Iiiul 1)0011 einl)at'ke(lut Loiiishotirir, nnroaching in one direction, Sir AV. Jolinstoii in anotlior, and he (Wolfe) was at their very dooi-s. Siieeonr from Fi'anco was unob- tainal)ie. To tlic peasantry lie, lliereforo, offered tlie sweets of peace, amid tlie liorrors of war. The I'^rencli colonists, however, were ii;'norant of the Kniilish langnaije as of Ihig- iish customs. Tliev saw no sii^n of tine feelinj^ towards themselves in so hirg-e a lleet and so considerable an army. Every obstacle that could bo jilaccd in the way of an invading force, the French colonists patriotically i)laced in the way of Generid Wolfe. The}- readily formed themselves into bat- talions for defence. They hung about tlio skirts of that part of the armv which had ])een landed, cutting oif foraging parties, and othervrise harassing it. They prayed in the churches for the preservation of their country-. The most noble spirit animated the Canadians. (Jeneral Monekton was sent to drive the French off Point Levi, opposite Quebec, and take possession of the post. He succeeded. Batteries were thrown up and unceasingly worked. The tiring a\ as, but however, of little use, only the houses of the town being injured. The fortifications wore not only uninjured, they were being rapidly strengthened. ?iTore energetic mea- sures were determined upon. Wolfe crossed the river and attacked the onomy in their entrenchments, a* Moi. I'on-'i. But, some of the boats in which the • had crossed, urduckily gronnded, and the attackin*. ity did not land together. The grenadiers rushed imp'^tuously forward, without oven waiting to form, and weremowi d down by the enemy's close, steady, and well directed fire. Montcalm's force now advanced to the beach, and the contest waxed hotter. A thunder storm was approaching, and the tide was fretting in. Wolfe, fearing the consequences of delay. vibrate nels \vc curious passing 17ol>. TiiK HAITI, t: 01' yi i;iJi:r r\: ^ as. lea- Ini s ordered a retreat, aiile. SieknesH prevailed to an iilarniinLi; extent in tho camp. They had been already Jive v.eeks before the eity, and many lives had been lost, not only in skirmishes, but by dysentery. ^\^)Ife himseli" f( 11 sick. l)e]>resscd in 8[)irits by the disastrous atteni[)tt() land on tlie Heauiiort shoals, and worn down witii fatit;-ue and watehins;, he was eonipelled to take to his bed. Tt was while lying ill that the |»hin occurred to him of })roeeedin«^ up the river, scaliui^ the heights by niu'ht, and I'orclng Montcalm to a general enu'agement. On his recovery ho proceeded to carry his plan into execution. A feint of landing again at JJeanpoi't was made. The boats of the lleet, lilled with sailors and marines, apparently nnulo for the shore, covered by [i part of the ikrt, the other part having gone higher up the rixer. At one hour after midnight, on the 12tli Septendjer, the licet being now at anchor at the narrows of Carouge, the first division of the army, consist- ing of 1600 men, were [»laced in Hat boltonied Ijoats, which silently droppeil down the current. It was intended to land three miles above Cape 13iamond, and then ascend to the high grounds above. The current, hou'e\er, carried the boats down to within a mile and a half of the city. The night Avas dismally dark, the bank seemed more than ordi- narily steep and lofty, and the French were on the qui five. A sentinel bawled out, " Qnc r/rr," who goes there?" "Xa France," was the quick reply. Captain Macdoiudd, of tho 78tli Highlanders, had served in Holland, and know tho proper reply to the challenge of a French sentry. " A cpiel regiment?" asked the sentry, " De la Heine" was the res- ponse. "Passe" said the soldier, "who made the darkness vibrate as he brought his musket to the carrv. Other senti- nels were similarly deceived. One was more particularly curious than the others. Something in the voice of the passing friend did not please his ear. Kunning down to the ^31 foajftx.tUsf . ,»j » "54 I>EATJI OJ' WUI-FE. ]7;59. 1^ iil*':^ !:■■ water's edge, he called " Pour quoi est-ce que vous ne parlez plus Imut," vvliy don't you speak louder?" " Tais toi, nous serous entciKlu !" llush, avo sliall be overheard and discovered, btiid the cunning liiglilander, still more softly. It was enough, tlie ])oats passed. Within one ho\ir of daylight a landing \vas ofrected, and tlio British army began to scale the heights, the base of which was then washed by the 8t. Lawrence. Ily dsulii^ht, the armv was draAvn up in battle ari\iy, on the "Plains of Abraham." The ground was somewhat undulating, jind Avell calculated for mancouvring. Every knoll was taken advantage of. Every little hillock ser\-ed the purpose of an earthwork. For the invaders it was victory or death. To retreat was impos- sible. The position of the Ih'itish army was speedily made known to ^Montcalm. There AAas not a moment to be lost. The French General rapidly crossed the St. Charles, and advanced with his whole army, to meet that of Wolfe. Fif- teen hundred Indians first ascended the hill, from the valley of the St. Charles, and stationing themselves in cornfields and bushes, tired n]»on the English, who took no notice of their tire. Ik'tween nine and ten o'clock, the two armies met, face to face, and when the main body of the French, advancing rapidly, were within forty 3'ards, the English opened their fire, and the carinige was terrible. The French fought gallantly, but under a galling and well directed fire, they fell, in spite of the exertions of their otlicers, iiito disorder. The Tjrltish Grenadiers charged at this critical moment. The Highlanders rushing forward, with the clay- more, hewed down every opponent, and the fate of the battle was no longer doubtful — the French retreated. "Wolfe liad just been carried to the rear, mortally wonnded in the groin. Early in the battle, a ball struck him in the wrist, but binding his handkerchief around it, he continued to encourage his men. It was while in the agonies of death, that he heard the cry of "they flee," " they flee," and on being told tliat it was the French who fled, exclaimed, "Then I die happy."' His econd in command. General I7r)i>. ijkath or mo\t<;ai,m. O.) .11, :lfC ■he Moiickton, was woundod nwd coiiveved luvav, ft«hortlv after as,sumin<2; tlic (ru-oetion of ait'alrs, wlicri rlio command dovolvod upon Ocm'i-al ToAviislK'iid who followed up tlic victory, reudorcd t.lio inoro telling- In- the death of the bravo Montcalm, who foil, laortally wounded, in front of liis battalion, and that of his second in command, (xonoral Jonnozcrgus, who fell near liim. A\u)lfo's army consisted of only 4,828 men, Montcalm's of 7,520 men, exclusive of Indians. The English loss amounted to ">') killed and 007 wounded, that of the Frencli to nearly a thousand ki. led and wounded; and a thousand made prisoners. ^J^ntcalm was carried to the city ; bis last moments were employed in writing to the English general, recommending the French prisoners to bis care and humanity; and when informed that his wound was mortal, he sub-iimely remarked: — -'I shall not then live to see the surrender of Quebec." On the 14th ho died, and on the evening of the 18th the keys of Quebec were delivered up to his concpicrors, and the British flag was hoisted on the citadel. French imperial rule had virtu- all v ended in Canada. Xot so, French customs. Bv tlio capitulation, which suffered the gari'ison to march out with the honors of war, the iidial)itanto of the country were per- mitted tlie free exercise of tlu'lr religion ; and, afterwards, in 1774, the Konian Catholic Church establishment was re- cognized ; and disputes concerning landed and real property, were to be settled bv the Coafumc da Paris. In criminal cases only was the law of Ihigland to apply. Admiral Saunders, with all the fleet, except two ships, sailed fiu' England, on the 18th of October, (Quebec being left to the care of General Murray and about 3000 men. After the fleet had sailed, several attempts Avei-e made upon the British outposts at I'oint Levi, Cape Eonge, and St. Foy, unsuccessfully. AVinter came, and the sufferings of the conquerers and the conrpiered were dreadful. The Fra- zerlliirhlanders wore tlieir kilts, notwithstanding' the extreme cold, and provisions were so scarce and deai-, that many of the inhabitants died of starvation. The Marquis de Van- flA—l "m^wwmj 66 CANADA CKDEB TO ENGLAND. 1763. dreuil, the Governor Goiioral of ITi.^ Most Christian Majesty, busied himself, at Montreul, with preparations for tlie recovery of Quebec, in the spring'. In April, he sent the General De Levi, Avith an army of 10,000 men, to effect that object. l)e Levi arrived within three miles of Quebec, on the 2Sfc]i, and defeated Genera! Murray's force of 2,200 men, imprudently sent to meet him. The city was again besieged, but this time by the French. Indeed, it was only on the appearance of the 'Britisii ships, about the middle of May, that the siege was raised. J)e Levi retreated to Jacques Cartier. The tide of fortune was again turning. General Andierst Avas advanciiip: from Xew York upon ]\Iontreal. Bv the middle of Ma\', tliat citv, and with it the whole of Canada, including a population, exclusive of Indians, of 69,275 souls, was surrendered to England. Montcalm, who was not only a general, but a statesman, is said to have expressed himself to the eifect, that the con- quest of Canada by Englaiul would endanger her retention of the i!Tew England colonies, andultimately prove injurious to her interests on this continent. Canada, not subject to France, would be no source of uneasiness or annoyance to the English colonists, who already were becoming politically important, and somewhat impatient of restraint. IIow far such an opinion was justiliable, is to be gathered from the condition of Canada and the colonies of Great Britain in America, at tliis hour. Canada was, in 1763, ceded by His Most Christian Majesty, the King of France, to His Britannic ]N[ajesty King George the Second. Emigration from the ITnitcd Kingdom to Canada was encouraged — not to Canada only, but to Nova Scotia, Avhich then included the present Province of New Brunswick. By the treaty of 1763, signed at Paris, Kova Scotia, Canada, the Isle of Capo Breton, and all the other Islands in the Gulf and River St. Lawrence, were ceded to the British Ch'own. Britain, not only powerful in arms, but, even at this period, great in commerce, was about to change, though almost imperceptibly, the feelings 1763. CANADA AND NKW ENGLAND. 57 to uy fur no in of her new sul)jeets. The old or Xcw Enghind colonies, which had so largely eontrihuted to the subjugation of Cana(hi, were already largely engaged in trade. They had not made much progress in agriculture. They had made no progress in manufactures. It was six years later before their iirst collegiate instilution, at Hanover, Xew Hampshire, was founded. But, while Cana(hi, perhaps, only loaded a couple of vessels with the skins of the bear, the beaver, the buffalo, the fox, the lynx, the martin, the minx, and the wolf, to prevent the total evaporation of heat from the shoulders of the rentier sex in Paris or London, or to frini»:e the velvet robes of the courtiers of St. James and the Tuileries, the New Englanders employed, annually, about one thousand and seventy-eight British vessels, manned by twenty-eight thousand nine hundred seamen, while their whale and other fisheries had become of groat importance. * To change the military cliaracter of the sixty-nine thousand inhabitants of Canada ceded by France to England, could not be done im- mediately. That was as impossible as to make them abjure by proclamation, their religion. All changes, to be lasting, must be gradual, and the government of Great Britain only contemplated a lasting change, by the introduction into Canada of her own people, imbued with somewhat diiferent ideas, religiously, legally, and commercially, from those which actuated the conquered population. lan ing * In 1771, liowpvor, 471 ,000 bitshels of wheat were exported from Canada, of which two-thirds, it was computed, were made in the Sorcl District. Sec the Journal of Charles Carroll, of Carollton, page 77. lugs H mm liKW'«!«l»'.. .t. ^. 58 QUBBEC ACT — TAXATION WITHOUT REPRESENTATION. 1774. CHAPTER II. For some years after the conquest, the form of government was purely military. It was, indeed, only in 1774, that two Acts were passed by the British government, one with the view of providing a revenue for the civil government of the Province of Quebec, as the whole of Canada was then termed, the other, called " The Quebec Act," defining the boundaries of the Province, setting aside all the provisions of the Royal proclamation, of 1763, and appointing a gov- erning Council of not more than twenty-three, nor less than seventeen persons. And whatever may have been the motive for this almost unlooked for liberality on the part of the mother country, it is not a little singular that only a year later, England's great difficulty with her old colonies occurred. The Parliament of Great Britain had imposed, without even consulting the colonists, a tax for the defence and protection of the colonies, on clayed sugar, indigo, coffee, &c., and the colonists resisted. The American colonies contended that taxation and representation were inseparable, and that having no voice in the administration of affairs, they were free from any taxation, but that which was self-imposed, for local purposes. So far, however, from paying any heed to the remonstrances of the colonists, the Imperial Parliament became more exacting and tyrannical. Not only were the necessaries of life taxed in America, for the benefit of the 1774. IIEPHESENTATION IN THE IMPERIAL PARLIAMENT. 59 red-tapists and other place-lioldcra of the Imperial govern- ment, l)ut a stamp Act was passed through the Imperial Parliament, ordaining that instruments of writing — bonds, deeds, and notes — executed in the colonies, should be null and void, unless executed upon paper stamped by the London Stamp Office. It was then that a coffin, inscribed with the word " Liberty" was carried to the grave, in Portsmouth, Massachusetts, and buried with military honours ! Had the views of Governor Pownall, of Massachusetts, with regard to the representation of the colonies in the British Parlia- ment, been adopted, no umbrage could have been taken at the imposition of taxes, because the colonies would have been open to civil and military preferment in the state equally with the residents of the United Kingdom. It was, and is, an unfortunate mistake to look upon colonists with contempt. Colonists, more even than the inhabitants of old countries, inhale a spirit of independence. Often, lords of all they • survey, they call no man lord. They are the pioneers of their own fortunes. They make glad the wilderness. They produce more than they themselves require. But Great Britain was, at the time of which we speak, perfectly infat- uated. On the 4th of Sept. of the very year in which the Quebec Act was granted, 1774, a Continental Congress was held, of which Peter Randolph, of Virginia, was President, to sympathize with the people of Boston, on account of their disabilities, by reason of the tea riot. * But such Congresses produced no effect in England. On the contrary, Massa- chusetts was more rigorously punished, and was prevented from fishing on the Banks of Newfoundland. Is it wonder- ful that the battles of Lexington, Concord, and Bunker's Hill followed? Is it wonderful tiiat those who had assisted Wolfe in taking Canada from the French, should have after- wards attempted to conquer Canada for themselves ? Is it wonderful that, on the 3rd of November, 1775, one of Washington's Brigadier Generals, Montgomery, should have * People are sometimes in the habit of making light of a tempest in a tea pot. This tea tempest was no laughing matter. -.A-^M 60 iMOMGOMURY is INVASlUX. 1774. r received tlie BuiTcnder of 500 regular Jiritisli troopn, at ^t. John's, Canada East ; the surrender of one hundred Canadians, of thirty-nine pieces of cannon, of seven mor- tars, and of live hundred stand of anus? Is it wondurful that Montreal, then so thinly inhabited and indiifcrently garrisoned, should have capitulated, or that Quebec should have been invested by Arnold, who sailed doAvn the Chau- dicre on raAs, and by IMontgonuu'y, to whom ^Montreal had capitulated ? It is only wonderful that Quel)ec was success- fully defended, and that General Montgomery perished under her walls. Canada, notwithstanding the temporary annexation of Montreal, was true to Great Britain, feeling that whatever might liave been the injustice of Britain to the old Colonies, Canada had nothing then of which to com- plain. Indeed, the attack upon the newly ceded province of Canada, w^^s amongst the earliest demonstrations of a disposition on the part of the old Colonies to rcsoi-t to vio- lence. " The Quebec Act" was in itself a cause of offence to them. On the 21st of October, 1774, the following lan- guage was made use of l)y the Congress, in reference to that Act, in an Address to the people of Great liritain : — " iTor can w^e suppress our astonishment, that a British Parliament should ever consent to establish in that country, a religion that has deluged your Island in blood, and dispersed impiety, bigotiy, persecution, murder, and rebellion through c\ery part of the world." And " That wc think the Legislature of Great Britain is not authorized by the Constitution to establish a religion fraught with sanguinaiy and impious tenets." The attack was of a tw^o-fold nature. Both the sword and the pen were brought into requisition. It was supposed by the discontented old colonists, that the boundary of the lakes and rivers which emptied themselves into the Gulf of St. LawTcnce, and had formed the natural barrier between two nations, until the peace of Paris, in 1763, w^hen Canada passed from the dominion of France to that of the British Crown, formed no boundary to BritiKh rule, as the sway of tlie Anglo-Saxon race was now^ fully ostab- ■ 177,'j lishe and i to de liarm Avay t of C( balan( Avere l Avarfai beinnka G2 TIID AMEUICAN BIEGE — DKATII OF MONTUOMEUY. 1775. K strongly fortified ns now, niul was only jyarrisoncd by a few troops, militia, and seamen, by assanlt, in the full persnasion that the Canadians would be only most happy to be identified with the American struggle for liberty, or by being neutral, would show to the ministy of England the formidable animosity of a united connnent, by which the ends of the old colonists would be gained, and the war nii>pcd in its ripening bud.* This, Generals Montgomery and Arnold were unable to do. The attempt was made on the 31st December, but signally failed. Arnold proceeded with one division towards Sault-au-Matelot Street, by way of St. Roch's, and succeeded in establishing himself in some houses at the eastern extremity of that street, but being attacked in the rear, by a part of the garrison, directed by General Carleton to make a sortie from Palace Gate, only a remnant of the assailants, with considerable difHculty, managed to get back to camp. Montgomery approached by the road under the Cape, called Prcs-de-Ville, with another division, but was stoutly resisted, and fell mortally wounded. After the attack, Montgomery's body was found embedded in the snow, together with the bodies of his two Aides-de-Camp, Captain McPherson and Captain Checseman. Arnold now retired about three miles from Quebec, where he encamped during the winter. On the 15th of February, 1776, the American Congress appointed Dr. Benjamin Franklin, Samuel Chase, and Charles Carroll, of Carrollton — the last mentioned gentle- man being requested to prevail upon his brother, the Revd. John Carroll, a Jesuit of distinguished theological attain- ments, and celebrated for his amiable manners and polished address, to accompany them — to proceed to Canada with the view of representing to the Canadians that the Ameri- cans south of the St. Lawrence, " had no apprehension that the French would take any part with Great Britain ; but that it was their interest, and, the Ameiicans had reason to * U. S. Catholic Magazine, vol. 4, p. 251, and Brent's Biography of Arch- bishop Carroll, p. 69. 1770. INDEPENDENCE REFUSED BY TUB CATHOLIC CLEllOY. Cu] believe, their iuclinution, to cultivate a friomlly iiitorcouiso with the colonies." They ■were to have roligioun freedom, and have the ^lower of Helf-govornnient, while a free press was to bo established, to reform all abuses.* The C'ommit- tee, or, more properly speaking, the Commission, were, however, far from being successful in their attempt to nego- tiate Canada into revolt. The clergy of Canada could not ho persuaded that, as Roman Catholics, they would be better treated by the Revolutionary (colonists than they had been under the British government, after the expression of Buch sentiments as those addressed to the people of Great Britain, on the 21st of October, 1774. The Americans, uncouth- in manners, were, in truth, most intolerant of papacy. In the " Cradle of American Liberty," a dancing school was not permitted. While in Boston a fencing school was allowed, there were no musicians permitted to exist, and the anti-papal character of the people was even more evident from the fact, that the first thing printed in New England was the Freeman's Oath ! the second an almanac ; and the third an edition of the psalms. On the day after the Reverend Mr. Carroll had failed in his part of the mission, joined Dr. Franklin, and returned to the South, Chase and Carroll of Carrolltou had been busy with the military part of their embassy. At a council of war held in Montreal, it was resolved to fortify Jacques Cartier — the Richelieu Rapids, between Quebec and Three Rivers — and to build six gondolas at Chambly, of a proper size to carry heavy cannon, and to be under the direction of Arnold. But disasters thickened around the insurgents. The small pox had broken out among the troops, and was making deep inroads upon th Ir scanty numbers. To crown the whole, the worst news was received from the besiegers at Quebec, for out of 1900 men, there were not more than 1000 fit for duty, all the rest being invalids, chiefly afflicted with — — — — — ' * It is not a little odd, that Franklin should have been a member of this Committee, seeing that ho was the very man who urged upon the British Minister, in 1759, the expediency of reducing Canada, as the most serious blow which could be inflicted on French power in America. sm 64 THE AMlilUCAN SIEtiE RAISED. 177«]. tlio small-] >ox. Oil llic otli of May, 177r>, d oouiu'il of war was held at Quebec, and it was ivv^olved to remove the inva- lids, artillery, batteaux, uiid stores higher iiji the river; l)ut, oil tho oveiiiuii'ot' that dav, intelli2;euce was received in the American cam}), that lil'recn ships were within forty lea^<>;ue.s of (iuebcc, liastening u[) the river; and early next morning, five of them liovc in siglit. Geueral Thomas immediately gave oi'ders to embark the sick and the artillery in tlie bat- teaux, whilst the eneni}- began to land their troops. About noon, a body of the IJritisli, a tliousand strong, formed into two divisions, incolunms of six deep, and supported with a train of six pieces of cannon, attacked tlie American senti- nels and main guard. The Americans stood for a moment on tlic plains, v/ith about 250 men and Q)ie iiehl piece only, when the order for retreat was given, and the encampment was precipitately deserted. In the confusion, all the cannon of tiio besiegers fell into the hands of the British, and about 200 invalids were made prisoners. Following the course of tho river, the broken army of the Americans Hed towards Montreal, and halting for a while at Deschambault, finally retreated along the St. Lawrence, until they made a stand at Sorel, Avith the view to an "orderly retreat out of Canada." * By the 18th of Juno, tho British General, Bnrgoyne, was close behind Arnold, who now^, with the whole of the American urmy, had quitted Canadian soil, and was pro- ceeding somewhat rapidly up tho Eichelieu, into Lake Champlain. In tho very year that Arnold retired from Quebec, on the 4th of July, 1770, tho thirteen now confederated colonics, on the report of Thomas Jefferson, John Adams, Benjamin Franklin, Kogor Sherman, and I^hillip Livingston, dissolved their allegiance to the British Crown, declaring themselves to be free and independent. The lions, sceptres, crowns, and other paraphernalia of royalty were now rudely trampled on, in both Boston and Virginia. Massachusetts, and, shortly afterwards, New York, were, indeed, in the posses- * Carroll's visit to Canada, p. 27. 1777. INDEPENDENCE — DEFEAT OF HAl'M. «;5 at sion of rebels, commanded ])y Washington. It was llion that, in 1777, the execution of a plan of attacking the New Englanders, hy way of Canada, was entrusted to Ciienoral Burgoyne, who, with some thousands of troops, a powerful train of artillery, and several tribes of Indians, proceeded down Lake Champlain, to cut off the northern from the southern colonies of the rebellious confederation. Bm'goyne chased the American General St. Clair out of Ticonderoga ; hunted Schuyler to Saratoga ; destroyed the American flotilla on Lake Champlain ; demolished bridges, and reduced forts. lie, nevertheless, met with a severe check at Bennington, Vermont. Being at Fort Edward, ho sent Colonel Baum, with a detachment of the army to seize a n>agazinc of stores at Bennington. "NVhcn within a few miles of that place, however, Baum learned that the Americans were strongly entrenched. He, therefore, halted, and sent to Burgoyne for a reinforcement. But the American General Stark, who had a large body of Vermont Militia under his command, in addition to his ordinary "New Hampshire corps, now determined to be the assailant. AVithonly r>00 regulars and 100 Lidians, Colonel Baum did not consider it prudent to iight a body vastly superior in numbers, and ho re^i\ntcd. Assistance reached him at this critical monicr.'' -, 'ch seemed to make a battle, if not expedient, a y oinl , ' ho- nour. Unfortunately the sense of honour prevailed, Bai i gave battle, and was himself slain and his men defeated, the British loss being TOO in killed and wounded, while that of the Americans was only about 100. It was a pity that ''aum had not the moral courage to retire, even when reinfoi. 1, for his defeat much embarrassed Burgoyne, and made an ' ten.pt at a general retreat even necessaiy, as the courage of the enemy had so increased by the moral eilect of a victory, that Burgoyne was in danger of being surrounded by tho hordes of State Militiamen who, on all sides of him, were taking the field. Burgoyne was, nevertheless, still on the advance, with the main body of his army, and was approach- ing Saratoga, when he heard of the defeat of Baum. Un- .'iV*' '4-.'9W w TUB BURRENDER OF BUROOYNE. 1780. willing to retreat, and yet unable to advance, he hesitated, but ultimately decided upon returning. That, however, was now impossible. lie had hardly turned his face towards the place from whence he came, than he fell in with General Gates, losing about 600 men ; and ho had hardly realized his loss, when he learned that Fort Edward, which stood between him and Canada, was in the possession of the enemy. No avenue of escape appeared open, and this fine army from Canada, consisting of five thousand seven hundred eft'ective men, with General Burgoyne at their head, laid down their arms to the American General Gates, at Saratoga. Even accord- ing to the testimony of Lady Harriet Ackland, Burgoyne, though sufliciently brave for anything, was quite incompetent for command. He had neither resources nor strategy. He knew neither what to do nor what ho was doing. He neither knew when to advance nor when to retreat. It was all hap- hazard vrith him. Through his very stupidity an army was positively sacrificed. Lord Cornwallis, afterwards, easily defeated Gates. And in the campaign of 1780, "Washington wa? himself in straits. His commissariat was wretchedly bad. For days the medical department of his army had neither sugar, cofiee, tea, chocolate, wine, nor spirituous liquors of any kind ; and the army had not seen the shadow of money for five months. A junction cleverly eftected between the two British armies might have changed, or rather checked the destinies of the Confederated Colonies. But, by the awkwardness, carelessness, and want of prudence of Burgoyne, in the first place, Cornwallis got also hemmed in, being intercepted on one side by the French fleet, and on the other by the army commanded by Washington, and he capitulated after his defeat at Yorktown, in September, 1781. Had a line of communication northward been main- tained for the British anny, even seven thousand men might have escaped the blockade of the sixteen thousand militia, under Washington, to whom the conqueror of Charleston was compelled, by the fortune of war, to present his sword. The Btupidity of the British Generals, combined with the 1790. WESTERN CANADA DIVIDED INTO DISTRICTS. 6T previous stupidity of tho Imperial administrations, led to the evacuation of those colonies by Great Britain, to which sho was in a great measure indebted for tho acquisition of Port Royal and Louisbourg in Nova Scotia, and for Niagara, Frontonac, Montreal, and Quebec in Canada. Tho prediction of Montcalm had come to puss. The United States were independent. But, however much tho war in America, between Great Britain and her own old colonies, had tem- porarily interfered with, it had paved tho way for a more extended, commerce in Canada. There were men in New England who would not, on any account, bo rebels. Many of these, with their families, sought an asylum in Canada, and the advancement of the Far West, on the British side of tho lines, is, in no small degree, to bo attributed to the integrity and energy of those highly honourable men. Canada was then entirely, or almost entirely, under military rule. It could not well be otherwise. The necessities of the times required unity of action. There was no room for party squabbling, nor were there numbers sufficient to squabble. The province, the population of which did not extend beyond Detroit, a mere Indian trading post, and beyond which it was expected civilisation could not be extended for ages, was divided into two sections, the western and the eastern. Sir Guy Carleton, afterwards Lord Dor- chester, had divided all west of the monument of St. Regis into four districts, after the manner of ancient Gaul, which he termed Lunenburg, Mecklenburg, Nassau, and Hesse; and the Seminary of Quebec had cut up the eastern section into parishes, distinguished by cross roads. In the lower section of the province, the bonnets rouges and bonnets bleus were on the increase, but the increase was like that of the frogs : it was multiplying in the same puddle, with the same anchanging and unchangeable habits. The peaweet- ing, the whistling, the purring, and the whizzing, were onJ y the louder, as the inhabitants became more numeroupj. There was no idea of change of any kind. Language, manners, and knowledge were the same as they ever had i.-nriT'ff^nnTiy vjr.i.-ffivi'a 68 DIVISION OF THE PROVINCE OF QUEBEC. 1791. been : only the pomp of the cliurcli had succeeded to the pomp and circumstance of war. There was no more industiy , no more energy, no more scientific cravings, and no earnest pursuit of wealth. All was contentment. Even by the authorities, no desire to awaken the Franco-Canadian from nis slumber, was entertained. On the contrary, the restless United Empire loyalists were to be separated from them. The isolation of Lower Canada from the rest of the world was to be as complete as possible. Xot very long after the declaration of American Inde- pendence, Canada was divided, by Act of the Imperial Parliament, into two distinct provinces, called Upper Ca- nada and Lower Canada. ^Ir. Adam Lymburner, a merchant of Quebec, not being particularly anxious for isolation, ;^ppeared at the bar of the House of Commons on behalf of himself and others. He was against the separation. The united province was not even in a condition to main- tain a good system of government. Oppressed by the tyranny of officials, industry and improvement had been ner'^cfcd, and a state of languor and depression prevailed. Th public buildings were even falling into a state of ruin and (locay. There was not a Court House in the province, nor a snfiicient prison nor house of co'TCction. Xor was there a school house between Tadoustic and Niagara. The country upon the Great Lakes was a wilderness. Lymburner dilnot, however, prevail. The British government desired tu put the United Empire loyalists upon the same footing wit^i .>:a .1 to constitutional government as they had pre- vious'^ en,ioyed before the independence of the United States in that country, a condition about which a certain class of merchants in Quebec have always been inditt'erent. Lord Dorchester was appointed Governor-in-Chicf in Cnnada, and administrator in Lower Canada, while General Simcoe was named Lieutenant Governor of Upper Canada. General Simcoe selected for his capital Niagara, ''' and resided there at Navy Hall. On the site of Toronto, in 1703, there was a 1791. LOUD DOKCIIESTER. 69 solitary wigwam. That tongue of land called the peninsula, which is the protection wall of tlic harbour, was the resort only of wildfowl. The margin of the lake was lined with nothing else hut dense and trackless forests. Two families of Massassagas had squatted somewhere in the neighbour- hood of the present St. Lawrence Hall when General Simcoe removed to little York with his canvass palace, and drew around him the incipient features of a Court. The progress in material improvement in this country may be guessed at from the then condition and the present state and appearance of Toronto. The reven;ic of the country between 1775, and 1778, was not over .£10,000. The salary of the Gover- nor-iu-Chicf was only £2,i)00. During the American AVar, the Canadians, though they exhibited no signs of disaffection to Great Britain, did not ardently lend a helping hand against the enemy. Being appealed to by Middleton, the President of the Provisional Congress of Rebel States, — who told them that their Judges and Legislative Council were dependent on the Governor, and their Governor himself on the servant of the Crown in Great Britain ; that the executive, legislative, and judging powers were all moved by nods from the Court of St. James ; and that the Confederated States Avould receive their ancient and brave enemies on terms of equality — the Canadians stood ji:vi in their new allegiance. It is more than proba- ble, indoeil, that the bombastic state paper never reached the C'l.is of those for whom it was intended. There was no press in Canada at that period, and only one newspaper, the "Quebec Gazette," established by one Gilmore, in 1764. Unable, as the majority of the French were, to read their own language, it was not to be expected that they could read English. Still less is it to be supposed that His Excellency Lord Dorchester circulated it in French. Lord Dorchester was exceedingly prudent in liis administration of affairs,, and, — unlike Governor Murray, who, b}' the wa}', wrni suc- ceeded in the administration of the Government by Paulus yEmilius Irving, Es^piire, with Brigadier General Carletoii — «l^ ,i. fiiii. UlL'iMm 70 GOVERNOR'OENERAL PRESCOTT. 1795. for Lieutenant Governor, obtained the aftcction of one race and tlie resentment of the other, — conciliated both races. His lordship, in one of his speeches " from the throne," tells us that he " eschewed political hypocrisy, which renders people the instruments of their own misery and destruction." There was, in truth, no Parliament, in the proper sense of the term, then. Such artifices as are now necessary for good legislation, had not therefore to be resorted to. On the political separation of the two sections of Canada, it was agreed that Lower Canada should be permitted to levy the duties on imports. Of all imports, Lower Canada was to receive seven-eighths, and Upper Canada one eighth, and the revenue for the year following the separation was X24,000, including £1205, the proportion of the duties belonging to Upper Canada. In those days, a week was consumed in the transport of the mail from Burlington in Vermont, via Montreal, to Quebec; but yet there must have been wonderful progress from Governor Muri ;\v ^ time, — during which a Mr. "Walker, of Montreal, having caused the military much displeasure, by the imprisonment of a captain for some oifence, was assailed by a number of assassins of respectability, ^vitll blackened faces, who entered his house at night, cut off bis right ear, slashed him across the forehead with a sword, and attempted and would have succeeded in cutting his throat, but for his most manly and determined resistance — for on surrendering the government of Lower Canada into the hands of General Prcscott, pre- viously to going home to England, in the frigate " Active," in which he was aftenvards wrecked on Anticosti, he was lauded in a most obsequious address, by the inhabitants both of Quebec and Montreal, the latter place thon number- ing a little more than 7000 inhabitants, for his "auspicious administration of affairs, the happiness and prosperit^'^ of the province having increased in a degree almost unequalled." General Prescott, not long after Lord Dorchester's return home, in a frigate from Halifax, after the wreck of the " Active," was raised to the Governor Generalship. During 1797. GOVERNOB MILNES. 71 the three years of thi* Governor'a rule, nothing, politically or otherwise, important occurred in Canada. Great Britain was iHicceswfully engaged in war with both France and Spain, and in the former country a revolution had occurred which preceded one of the most terrible periods on the page of history. In Quebec, a madman named McLane, a native of Rhode Island, fancying himself to be a French General, conceived the project of upsetting British authority in Canada. lie intended, with the co-operation of the French Canadians, to make a rush upon the garrison of Quebec. His imaginary followers were to be aimed with spears, and he dreamed of distributing laudanum to the troops. Un- fortunately for himself, he made known his plans to all and sundry, and was rewarded for his indiscretion by being hanged on Gallows Ilill, as an examjjle to other fools. The next Governor of Lower Canada w^as Roberts. Milnes, Esquire. Under his sw^ay, something akin to public opinion sprang up. So soon as the last of the Jesuits had been gath- ered to his fathers, it was the purpose of the Imperial gov- ernment to seize upon the estates of " The Order. " Mr. Young, one of the Executive Council, had, however, no sooner informed the House of Assembly that His Excellency had given orders to take possession of these estates as the property of George the Third, than the House went into Committee and expressed a desire to investigate the pretensions or claims which the province might have on the college of Quebec. The Governor was quite willing to sufier the Assembly to have copies If all documents, deeds, and titles having reference to the estates, if insisted upon, but consid- ered it scarcely consistent with the respect which the Com- mons of Canada had ever manifested towards their sovereign, to press the matter, as the Privy Council had issued an order to take the whole property into the hands of the Crown. The House considered His Excellency's reply, and postponed the inquiry into the rights and pretensions alluded to. The next thing which this slightly independently disposed Assembly undertook, was the expulsion of one of its mem- . .l.ll.JJ.IIIllll.. ^ 72 THE ROYAL INSTITUTION FOUNDED. 1798. ■ i bers, a Mr. Boiic, who had been convicted of a conspiracy to defraud a person named Dronin, with whom he had had some commercial transactions, of a considerable snm of money. He was heard by Counsel at the Bar of tlie House, but was believed to have been justly convicted, and was expelled. Again and again he was re-elected, and as often was he expelled, and at last he was, by special Act of Par- liament, disqualified. "Whether or no he was the object of unjust persecution by the government, the moral effect upon the country of the expulsion and disqualification of a person in the position of Mr. Bouc, cannot be doubted. The num- ber of bills passed during a parliamentary session in those days, was not considerable. Five, six, or eight apj)ear to have been the average. The income of the province was about X20,000, and the expenditure about ^639,000. Under such circumstances, corruption was nearly impossible. In the next session of parliament an attempt was made to establish free schools, and the Royal Institution, for the advancement of learning was founded. IsTor was this all, an Act was passed for the demolition of the walls that encircled Montreal, on the plea that such demolition was necessary to the salubrity, convenience and embellishment of the city. They were thrown down, and in seventeen years after it was impossible to have shown where they stood. The parliament did more. At the dictation of the Governor, it assigned three townships for the benefit of the oflicers, non-commissioned ofiicers, and privates, who had served during the blockade of Quebec, in 1775-6. Field ofiicers were to bo entitled to 1000 acres ; eaptains to 700 acres, lieutenants and ensigns to 500 acres, and non-commissioned ofiicers and privates to 400 acres each. Still another bill, of no mean importance, was carried through the three branches of the Legislature, the second branch being positively a House of Lords, com- posed, as it was, of Lord Chief Justices and Lord Bishops, — the mind, capacity, and education of the country. No picture of the legislature of this time can be made. There wore no reporters nor any publicition of debates. Newtf- 1802. CULTIVATION OF HEMP — LAND JOBBING. 73 ^ops, No llieve papcra wore in tlicir infiincy. lladicalis m had not got hold of its fulcrum, and tho lover of public opinion was, conse- quently useless. Na}', in anticipation, as it were, of tho unruliness that afterwards exhibited itself, tho Governor, now Sir Robert Milnes, recommei\ded tho culture of hemp in the province, and the Assembly voted <£1200 for the experiment. An Agricultural Bureau, of which the Gov- ernor was himself the President, was established, but tho cultivation of hemp was not more agreeable to the farmer of Lower Canada then than it is now. The experiment did not succeed. Jean Baptiste would raise wheat, which he knew would pay, and would not raise hemp, wliich might or might not pay, lie was a practical, not a theoretical farmer. Like the " regular" physicians of every period, and in every country, he practised secundum arfcni, and eschewed danger- ous theories and unprofitable" innovations. About this period, 1802, laud jobbing began. Vast grants of territory were made to favourites and speculatoi's, only to lie w^aste, unless improved by the squatter. To obtain a princely inheritance, it was only necessary to have a princely acquaintance with the government, and, in some cases, the Governor's servants. Land was not put up to public com- petition, but handsomely bestowed upon the needy and pen- niless Court attendant. A Governor's Secretary, a Judge's nephew, or some Clerk of Records was entitled to at least a thousand acres; the Governor's cook to TOOarpents. There was no stint, and no income or land tax. In 1803, rarliaraent " better regulated" the militia: the revenue had increased to ^31,000 ; the expenditure had increased to X37,000, and the two Governors' salaries to £G,000 ; war re-broke out with France ; the feeling of loyalty throughout the provin(>.e was enthusiastic ; and offers to raise volunteer corps were freely made. During the next Session of Parliament, measures of some importance occupied the attention of the Legislature. A bill was passed, making provision for the relief of the insane and for the support of foundlings. In all thirteen bills were iiHi.i'^NiKMl THE liACIIINE CANAL — THE GAOLS ACT. 1803. ]tnf!!^C(l, juul 1lie I'cvcimo Imd incrcapod one tlioiisnnd pounds. It Aviu; l1io ]ast .session ol' the third rjirliiuncnt. In July tlio election of juendjor.s for tUo Iburtli I'arlianient took place. They Avoro coiiduetod, on tlio an'IioIo, quietly, but were, ncvcrtlielcss, viL^oronsly contested. Strong party feeling did not tlien run Jiiu'li, and there Avere no prejudices against persons of rcspectahlc standing in society, whatever might 1)0 their origin, (iuel)ec luid four representatives, two of Avlioni were of French extraction and two, apparently of ^eottisli descent, !^^ontreal was similarly represented. If there were as rein-esentatives of (Quebec a Grant and a I'anet, a Young and a J)e Salaberry, Montreal was represented by a Jlichardson and a Mondelet, a ^McCJill and a Cliaboillez. The Parliament was convened for the despjitch of business on the *Jth, and having disposed of some contested elections iirocecded energetieallv to Avork. The idea of a Canal to overcome the dilHculties of the Lachine liapids or Sault St. Louis suggested itscU'; and the consideration of the exped- iency of its construction engaged the attention of the House. Tlie construction of a canal was not considered within the means of the province, and a sum of only £1000 pounds Avas voted lor the removal of impediments in the rapids. A Sei- gniorial Tenure I Jill, not dissimilar in character to that AAdiicli so x^vy recently has become hnv, Avas introduced, but fell through. The Gaols Act, imposing a duty of tAvo and a half per cent 0J1 imiiorts, for the erection of common gnols at (Quebec and Montreal, AA'as adopted. The trade aa".is dissatisHed, and, as has been too frequently the case, AAdien the merchants of this province liaA'e been dissatisfied Avith the Acts of a Legislature, of Avliose acts, unless in so far as tlieir oAvu liusiness interests haA'c been concerned, they liaA'C been altogether indifferent, the trade petitioned the Imperial authorities against the Act, representing Avitli all the force of Avhich they Avere capalde, the serious iujury inflicted by it U[)'tn boliea, souchong, hyson, spirits, Avine, and molasses. The gaols avciv, hoA\ever, built, Avilhout direct taxation having been resorted to. Another act of very considerable 1803. TRIXITY HOUSES ESTABLISHED — AN ANTAdONISM. (') importance l)ccamc law : that for tlio bettor i-ei]ity of a misuudcrt^tandiiig helwccna Governor and his Leglshiturc. It was the lirst of the kind that he had known, and it was a duty wliich he owed to his sovereign to nip it in the hud. Sir Itohcrt, Mr. Christie says, was not a i;)opular Governor. Had that been liis only misfortune, it woukl have heen weU. He was, evidently, something worse, in being only that which might emphati- cally be expressed in a single word. A few grains of com- mon sense in one or two Governors of colonies would have saved England some millions of pounds. Sir Robert Shore Milnes having ruled, or having been ruled, for a period of six years, set sail for England, on the 6th of August, in H. M. S. Uranie, leaving Mr. Dunn, the Senior Executive Councillor of Canada, to administer the government. Lower Canada, however politically insignificant, with only some ,£47,000 of revenue, was yet gradually rising into something like commercial importance. Li the course of 1805, one hundred and forty-six merchant vessels had been loaded at Quebec, and another newspaper, the Quebec Mercury, still existing, and published in the English lan- guage, was , established by Mr. Thomas Cary. Montreal, only second in commercial importance to Quebec, had also its newspapers, and already began to exhibit that energy for which it is now preeminently conspicuous. Toronto, the present " Queen City of the "West," was yet only surrounded by the primeval forest, and thirty years later could boast of but four thousand inhabitants, although, in 1822, " Muddy Little York" was not a little proud of its " Upper Canada Gazette," and Niagara of its " Spectator." Kingston had only twenty wooden houses, while Detroit was the residence of but a dozen French families. Upper Canada, indeed, con- tained scarcely a cultivated farm, or even a white inhabitant, sixty or seventy years ago. Allusion has already been made to the division of Canada into two provinces. A more particular allusion to that cir- 1791. CUP5S1 Sinicc Jiave 1 the tv have I possibi by Mc consen tJie ffri Union, constiti 31st A r" — -ti vyuuucii Council appoint mus urn of appo vacated years co ernor's permissi tary title Council ■ sentative twenty o birth or value of charges, annum. but as the composed pay office direct aii^ unsuited s however u Cobbett oj years after 1791. UPPKU CANADA — THE ^KPARATION ACT. 77 CUP Stance will not bo out of i>laco. Already, Gonoml Simcoe, the lion. IVtcr llus.-^ell, and Lieut, (loneral niintor have ruled over tlie Upper, and not the least interesting of the two provinces. The object of the reparation may have been to keep the Lower Province French as long a.s possible, to prevent the consummation devoutly anticipated by Montcalm, and the ])uc de Choiseul, and to raise up a conservative English colony in the Far West, to counteract the growing power of the now United States. By the Union, constitutions very distantly related to the British constitution were conferred upon the two provinces. The Slst Act of George the Third constituted a Legislative Couucil and Legishitive Assembly for each province. The Council was to bo composed of at least seven members, appointed by writ of summons^ issued pursuant to a manda- mus under the sign manual of the Sovereign. The tenure of appointment was for life, to be forfeited for treason or vacated by swearing allegiance to a foreign power, or by two years continual absence from the province without the Gov- ernor's permission, or four years of such absence ivithout permission of the Sovereign. The King could grant heredi- tary titles of honor, rank or dignity. The Speaker of the Council was to be appointed by the Sovereign or his repre- sentative. The Assembly was to be elected by persons over twenty one years of age, subjects of the British Crown, by birth or naturalization, possessing property of the yearly value of forty shillings sterling, over and above all rents and charges, or paying rent at the rate of ten pounds sterling per annum. Here were, undoubtedly, three legislative branches ; but as the Legislative Assembly could, at the most, only bo composed of thirty members, many of whom would be half pay officers, the Crown, through its representative, had a direct and overwhelming preponderance. Yet, however unsuited such a Parliament would be for the present time, however uncongenial it might have been to the feelings of a Cobbett or Hunt-man, escaped from Spa Felds ten or twenty years afterwards, it undoubtedly well represented the conser- ■rt^ Tsm 78 DEBATE OX THE SEPARATION ACT. 1791. vativo, somi-dospotic foolitiics of the military settler, or ITnitod Empire loyalist, a kind of privileged being, wIioho very dei^ceiidants were entitled to a free grant of Uvo linndred acres of land. AVlien the Separation Act was before the Britinh Parliament, the public mind in England was to some not altogetlier inconsiderable extent contaminated by the spurious liberty-feeling of the French Ilevolutioii, aud by the consequences of the American strike for independence. " The liights of Man," as enunciated by Paine, had infected many among the lower orders in society, and not a few among the higher orders. Edmund Burke, Mr. Chancellor Pitt, and Charles Fox, were members of the British Parlia- ment. By the Act, a provision for a Protestant Clergy, in both divisions of the province, was made, in addition to an allotment of lands already granted. The tenures in Lower Canada, which had been the subject of dispute, were to be settled l)y the local legislature. In Upper Canada the tenures were to be in free and common soccage. No taxes were to be imposed by the Imperial Parliament, unless such as were necessary for the regulation of trade and commerce, to bo levied and to be disposed of by the legislature of each divi- sion of the former Province of Quebec. On the 9tli of April, 1791, the Separation Bill was somewhat unexpectedly offered for the acceptance of the House of Commons. Mr. Fox declared that he had not had time to read it, and felt un- willing to express an opinion npon its merits. On a motion by Mr. Ilussey, "that the Bill be recommitted," Mr. Fox, however, remarked, that many clauses were unexception- able. The number of representatives, in his opinion, were not sufficient. An assembly to consist of 16 or 30 members seemed to him to give a free constitution in appearance, while, in fact, such a constitution was withheld. The goodness of a bill, making the duration of Parliaments seven years, unless dissolved previously by the Governor, might be considered doul)tful. In Great Britain, general elections were attended with inconveniences, but in Canada, where, for many years, elections were not likely to be 1791 atten lie e( blics, count most imabl The q ties w< intend into C Asseni they cf Ife saw tojusti iinknov averse, t could 01 GoverjK accumm pcrpetut mankinc Bill for imdersto but all d( of the cli make gn be ajjproj lands nia< of Canad, grants wa though tl: nor any ci were all o (-'iled to til one sevent gniuted. 1701. MU. fox's fsPKECIT. 79 attended witli tlio conaecineiioe.s \vhi('li nnnifitera dreaded, lie could not coiiecivo wliy tlioy slionld make huoIi assem- blies, not annual or triennial, but sci)tennial. In a, new country the representatives of tbc people would, for the most part, be persona engaged in trade, wlio might bo unable to attend I'arliament for seven consecutive years. Tlic qualiiications necessary for electors in towns and coun- ties were much too bigli. It seemed to him that ministers intended to prevent the introduction of i)Opular government into Canada. AVhile the number of the members of tho Assembly were limited, the nmubers of the Council, although thev could not be less than seven members, were unlimited, lie saw nothing so good in hereditary powers or honours as to justity their introduction into a country where they were uidcnoAvn. They tended rather to make a good constitution worse, than better. If a Council were wholly hereditary, it could only be the tool of tho King and the Governor, as tlio Governor himself would only be the tool of the King. The accummulation of power, confirmed by wealth, would be a perpetual source of oppression and neglect to the mass of mankind. He did not understand the provision made by the Bill for tlic Protestant clergy. By Protestant clergy, ho understood not only the clergy of the Church of England, but all descriptions of Protestants. He totally disapproved of the clause which enacted that, " whenever tho King shall make grants of lands, one seventh part of those lands shall be appropriated to the Protestant Clergy." In all grants of lands made to Catholics, and a majority of the inhabitants of Canada were of that persuasion, one seventh part of those grants was to be appropriated to the Protestant clergy, al- though they might not have any congregation to instruct, nor any cure of souls. If the Protestant clergy of Canada were all of the Church of England, ho would not be recon- ciled to the measure, but the greatest part of the Protestant clergy in Canada were Protestant dissenters, and to them one seventh part of all the lands in the province was to be granted. A provision of that kind, in his opinion, would ^ X"^ ^> > IMAGE EVALUATION TEST TARGET (MT-S) k A ^*^% />^> *^- ''^' 4^ 1.0 I.I 12.5 ;jl^ j22 ^ i:& 12.0 11:25 i 1.4 m 1.6 -^ Hiotographic Sciences Corporation 23 WIST MAIN STRUT WnSTIR.N.Y. 145M (716) t72-4S03 'A^^'^^ ^ V.^^ '^ .:(; to look to. Tlie Lc'ijisltitive C'omnils oiiu'lit to Ix' totally free, and ivpeatoilly c-lionoii, in a maimer as laiu-li in(U'[iou- (lont of the Governor as the nature ofa colony ^vonl.] aedient to Hash legislative IVec- dom upon a people. lie thought that il" the Assembly were not rightly consolidated by the Hi 11, little harm was done, because there was nothing to hinder the raiTiament of Great Britain from correcting any })oint which might here- after appear to want correction. ]le did not like tlu; elective principle of democratic govermnents, and with respect to the land appropriated to the clergy, like (.'vvvy tiling else provided by the bill, it was subject to re- vision. AVhere land had been given in connnutation of tithes, the pro[)ortion of one seventh had grown into an establisbed custom. The Bill was re-committed. Xext day the clauses of the Bill being put, paragrajjh by paragra]>h, Mr. Burke eloquently defended its provisions, ridiculed the "Rights of Man," and almost extinguished the light of the new lantern, which exhibited in the aiademies of Paris and the club-rooms of London, theconstitutiojisof America II .Jill nil l^illini ■T? afJMIIfciltlKtftft'.-mi »'. JA»' ■*. 82 MU. BURKE*!* SPEECH. 1792. and l^^'ranco ns fiU" only was hel'ore the House. Xay, there was soiuetliinu; like a scene. Mr. Ihirke complained of liavinn* l)een deserted hy those, with wlioni lie formerly acted, in his old a^i;'e, and Mr. Fox, with tears in his eyes and stroni>' emotion, declared that he would esteem and venerate Jhu'ko to the end of time. Ihe same cries of " order," "■order," " chair," "chair," "goon," 'go on," that arc heard in our most tumultuous dohatcs, in the Assemhiy, were frequent in the course of the dehato, and Mr. ]>urke Avas imahle, on account of the tumult, to proceed with his account of "the horrihle and nefarious consequeiu'cs ilowiug from the French idea of the rights of man." The dehating continued for a iiumhor of days, and the Bill was read a third time on the 18th of May. When the rei)ort of the Bill iii Committee was brought up, on the IGth of May, the House divided upon an amendment hy ;Mr. Fox, to leave out the clause of hereditary nobility, which amendment was lost by an adverse majority of forty- nine. It was then moved, in amendment to the Bill, by .\rr. Chancellor I'itt, that the nund)cr of representatives in the Assemblies should be fifty instead of thirty, l)ut that iriotion was also lost hyan adverse majority of fifty-one. The government of Upper Canada was assumed by Gen- eral Shncoe, on the 8tli of July, 1702. lie carried out with him to Upper Camidathe Act constituting it into a province, and on the 18th of September he was enabled to meet liis Parliament. The capital of the Province was at N'ewark, now ^N^iagara. The seat of Government, according to the Duke do la Rochefoucault Lianconrt, who visited it in 1795, consisted of about a hundred houses, "mostly very fine structures." Governor Simcoo apparently did not occupy one of them, but a "miserable wooden house," — formerly occupied l»y the Commissaries, who resided there on account I 1792. flOVEUNOR SIMCOE AND IIIS PARLIAMENT. of tlic navisjation of tlio lake, — Lis ij-iianl coiisislinG: of four Roldiei's, Avlio cvorv inorninj;' came from the fort, to wliioli they rctuniod in tlie cveiiiiif*-. It is ditKcult even to guess at the appearance of the rarliameiit building. Assuredly it did not require to ])e of great size. Wlien the time arrived for opening tlie Session, only two, instead of seven mem- bers of the Legislative Council were present. Xo Cliief Justice appeared to till the office of ^iteaker of the Council. Instead of sixteen mendjers of the Lejiislative Asseniblv, five only attended. AV^hat was still more end)arrassing, no more could be collected. The lEouse Avas, nevcrllieless, opened. A guard of honour, consisting of fifty soldiers from the fort, were in attendance. ])ressed in silk, (gov- ernor tSnncoe entered the hall, with his hat on his head, attended by his Adjutant and two Secretaries. The two members of the Council gave notice of his })resence in the Upper House to the Legislative Assend)ly, and the Hvc members of the latter having ai)peared at the Bar of the two Lords, Ilis Excellency read his speech from the throne. He informed the honorable gentlemen of the Legislative Council and the gentlemen of the House of Assembly, that he had summoned them together under the authority of an Act of Parliament of (Jreat Britain, which had established the British constitution, and all that secured and maintained it to IT[>per Canada ; that the wisdom and bcneticcnco of the sovereign had been eminentlyprovedby many provisions* in the memorable Act of Separation, which would extend to the remotest posterity the invaluable blessings of that con- stitution ; that great and momentous trusts and duties had been committed to the representatives of the.province, inii- nitely beyond whatever had distinguished any other ]jritish Colony; that they were called upon to exercise, wi<:h due deliberation and foresight, various offices of civil adminis- tration, with a view of laying the foundation of that union of industry and wealth, of commerce and power, which may 4ast through all succeeding ages ; that the natural advantages of the new province wore inferior 1<> noneoutlii. !i-,"i' ■"'I.'".! rnxdMn^M'^mmmmm 84 PAULIAMENTAllY I'ROCEEDINaS. 1792. h side of the AHuiitiu ; tliiit tlie ]^ritish government had paved tlio way ibv i(s speedy coloni/atiou ; and that a nnmcrous and a.i!,Ti cultural pcojile would s[M>edily take possession of the soil and diuiato. To this speech the replies of the Council and As.send)iy were ])ut an echo. The seven gentle- men loi-'islators proceeded actively to hnsiness. An Act was passed to rei)eal the (iuchee Act, and to introduce the English law as the rule of decision in all nmtters of contro- versy relative to i)roperty and civil right; an Act to establish trials by jury ; jiii ^Vct to aholiih the sunnnary proceedings of the Court of Common l*leas inactions nnder ten pounds sterling; an Act to prevent accidents l)y lire ; an Act for the moi'e eas}- recovery of small debts ; an Act to regulate the toll.s to be taken in mills (not more tlian a twelfth for grinding and bolting); an.d an Act for building a Gaol and Court House in every district within the province, and for altering the names of the said districts, the district of Lmicnburg to be called the Eastern District; that of Meck- lenburg, the ^Midland District; that of Xassau, the Home District; and that of Hesse, the "Western District. Darliament was about a month in session, when it was [trorogued 1 )y His Excellency. On the 15th of October he gave the assent of the Crown to the Bills passed, and in the pro- rogation speech, made on the same day, lie intimated his intention of taking such measures as he deemed prudent to reserve to the CroAvn, for the public benefit, a seventh of all lands gi'antcd or to be granted; and he begged the popular representatives to explain to their constituents, that the pro- vince was singuhirly blest with a constitution the very image and transcript of the British Constitution! There being only thirty thousand iidndjitants in the whole province, small as the I'arliament was, the people, if not fairly, were at least sulHciently represented. It is somewhat doubtful, nevertheless, that a constitution which gave only a quasi- sovereign to Upper Canada, neither directly, nor, as the Governors of Canada now are, indirectly responsible to the people, could have been the very image and transcript of 1702. 8IMC0E 8 CHARACTER. 85 tho British Constitution. Tlicrc was a niifsty rosemblanco to that celebrated and unwritten form of government, in tlio erection of three estates — Kinij, Lords, and Commons — and no more. But, as it is sometimes expedient to he thankful for small favors, it may have appeared to Governor Simcoo that the new constitution of the eoh)ny was superior to that of Enghmd before inaf/ua charia. Undoubtedly tlie^Governor was an honest man, a good solclier, a prudent ruler, liberally educated, and of cojisiderablo meiitfil capacity. He appears to have been a member of the Imperial Parliament at the time of the passage of the Separation Act, for when the report of the Bill was brought up in tho Conmions, on tho 16th of May, 1701, it appears by the debate, that a Colonel Simcoe spoke in favor of the adoption of the report, pro- nounced a paneg3'ric on the British Constitution, and wished it to be adopted in the present instance, as far as circum- stances would admit. Aware of tho advantages which such a colony as Upper Canada, if it attained perfection, might bring to the mother country, he accepted the government of a mere wilderness, to adopt means adequate for that purpose. Independent in means, high in rank, possessed of large and beautiful estates in England, Governor Simcoe, in tho opinion of the Duke de la Kochefoucault Liancourt, could have had no motive of personal aggrandizement in view when he accepted the government of Ui)per Canada. The General, however, loathed the Americans of the United States. lie had been with Burgoyne. lie had tasted of that officer's humiliation. It was impossible for General Simcoe to speak of the "rebels" calmly. A zealous promoter of the American war, as well as participator in it, the calamitous issue of that unfortunate and most deplorable struggle increased the intensity of his bitterness. Although he did not hope for a renewal cf the strife, he trusted that if it were renewed, he might have the opportunity of laying the country in waste, and of exterminating the canting, hypo- critical, puritanical, independents. He soon perceived the folly of the Seat of Government being situated on the very 80 LONDON ForNDKD — SIMCOE ri PRKJIDICES. 1702. frontier, tlio more c's|)0(ijilly si.-< J^otroit wsistolK' snrreiKlorod to tlio very people mIkhii lie most detested. York, lioin its security, sitnnti<^ii aiiws into Lake {St. Clair, which would ho most Huitahle, and in i)roeess of time, most central. ITe even selected the site of a town u]>on the river, which he hactroit, Calais; and the then AV^estern and Home Districts of the western section of the Province, which is almost an Island, Kn<;land. Theijardeu of Cpper Caiuula, almost surrounded by water. Governor Himcoe did intend, that as Enectator, orMercurv, or ("lironicle, or whatever else it nuiv have Itcen, wa?< Itut a loose ol)si'rver of men and manners, printed weekly. Had it not l)cen Bupportod hy the c:overnnu!nt, not u i'ourlh part oF the expenses of the proprietor would have heeii reluneni])ly looked upon these aspi- rations and upon the compliments to the Montreal repre- sentatives as a false and scandalous and malicious libel, highly rnd unjustly reflecting upon His Majesty's represen- tative and on both Houses of the Provincial Parliiiment, and tending to lessen the aficctions of His Majesty's subjects towards the government of the province. A committee of inquiry was appointed, and reported that the libellers were the printer of the GazeUc, Edward Edwards, and the presi- dent of the dinner party, Isaac Todd. Xay, the libel was reported to be a " high" breach of the privileges of the Assembly and Messrs. Todd and Edwards were ordered to be taken into custody. But the Serjeant-at-Arms, or his deputy, could not lay his hands upon these gentlemen and the matter Avaa no more thought of until the editor of the Quebec 3Icrcurii ridiculed the whole proceedings, when it was ordered that Mr. Cary sliould be arrested. Mr. Gary was afraid that such unpleasant investigations might give rise to other unpleasant investigations with regard to the powers of the House. Ho intimated that in France it was customary to tic up the tongue and lock up the press, and for so doing he was compelled either to submit to be himself locked up or apologize. On being arrested he apologized at the Bar of the House and was released. The time of the House was frittered away l)y empty discussions and wordy addresses upon the gaol tax, previously mentioned, which the king did not disallow as required by the mercantile community. Indeed the administrator of the government in his prorogation speech remonstrated with the Assembly for the non-completion of the necessary business. The civil expenditure of the year came to c£35,409 sterling, including £2,000 to General Prescott, who was then in England, and X3.406 to Sir Robert Shore Milnes, with the addition of £2,604 c\n*rency, for salaries to the officers of the Legisla- ture, the expenditure exceeding the revenue by £869. 1800. THE IIONOUAULE ITEIiMAN IlTLAND. W Gcnoral Prescott, tlio Governor General, absent in Kng- lancl, was yet in tlie receipt of <£2,000 a year, aiul llie year before he had ^4,000 ; Sir llobert ^fihiCB, the Lieutenant Governor, also absent, had received the salary above men- tioned, while Mr. Dunn received £750, as a judge of the King's Bench, =£100 for liis services as administrator of the government, a pension of c£500 sterling a year, on relin- quishing the administration, and an a«hlitional allowance of .£1,500 a year while he had administered the government. Beyond question their "Excellencies" and "His Honor," were amply remunerated. The Governor General and his Lieutenant were absent on business. Indeed, while the Legislative Assembly, in defence of imaginary privileges, were cutting such fantastic capers before high heaven, the confidential secretary of Lord Dorclicster and of his succes- sors so far, the llonoraldo Herman AVitsius Eyland, — who, having been Acting Paymaster General to llis Majesty's Forces captured by the Americans, went to England, when His Lordship, then General Sir Guy Carleton, evacuated New York, and returned with him to Canada, when tliat officer was appointed Governor-in-Chief in 1793, full of the sympfithies, antipathies, prcpossessiojis, and prejudices of the English conservative of that day, — had devised a scheme, which, had it been carried out, would have rendered their privileges not very valuable. He only designed to "anglify" the French-Canadians by compulsion. Before the separa- tion of the province into Upper Canada and Lower Canada it was a matter of consideration whether all the Roman Ca- tholic churches in the Province could not be converted into lleformed Anglo-Episcopal churclies. The contem- plated plan of doing so was to take from the " Vicaire du Saint Siege Apostolique" the power of nominating and ap- pointing the parish priests ; the appointment of subsequent bishops was to be given to the king ; and the Popish Bishop then living, was to be succeeded by a Protestant Bishop, who would find an easy method of turning Cardinal Riche- lieu's church extension schemes to excellent account in a ■^SSgH 100 MR. UYLAND (3 HATRED OP rAPAOY. 1«00. new mode of ordaining now "catholic" priests, who might he disposed to ahandon, at least, some of the doctrines of Rome and embrace, at least, some of those of the Protestant religion. The religious principle involved in this interest- ing scheme would have done credit to the eighth Henry. It would have had the effect of erecting on a l*opish founda- tion, of building up on the sainted Eock, a church militant as a more powerful safeguard to English influence and power in Canada than the citadel of Quebec has been. Together with the creation of a Provincial Baronetage, in the persona of the members of the Upper House, the honor being des- cendible to their eldest sons in lineal succession, and the raising of the most considerable of these eldest sons at a future period to a' higher degree of honor, as the province increased in wealth, together with the recognition of Mr. DeBoucherville's old noblesse, it would have most certainly much sooner produced that state of things which Sir Francis Bond Head and the "family compact" so ably brought to a crisis. The secretary of all the governors Lower Canada had yet had, corresponded, most confidenti.'illy, with his home masters, somewhat, perhaps, to the prejudice of his honor the administrator. As general Simcoe loathed the nasal twang, attenuated appearance, and the vulgar republi- canism of a downcast American, so Mr. Witsius Ryland abominated Romanism. Speaking of the Roman Cathohc clergy of Canada, he says : — " I call them Popish to distin- guish them from the clergy of the Established Church and to express my contempt and detestation of a religion, which sinks and debases the human mind, and which is a curse to every country where it prevails." Nay, he laid it down, as a principle, to undermine the authority and infl.uence of the Roman Catholic Priests. It was or should be the highest object of a governor to crush every papist scoundrel. Fol- lowing the line of conduct which had so widely established the authority of the Popes of Rome, it was the duty of governors to avail themselves of every possible advantage, ftnd never to give up an inch but with the certainty of gain- 1800. ROMANISM SEIIIOI'SLY TIIUEATENED. 101 ) iiic^ an ell. IIo lamented that the seminary and perlia])^ some other estates liad not been taken po^ses.^ion of hv the crown, incorporated, and tni.stee.s ap[)ointed, out of which incorporated estates a handsome salary mip;ht have been paid to the King's Superintendent an.l Deputy Superintendent of the Romish Church! l)ut the proceeds of which slioidd prin- cipally have been applied to the pmi»oses of i)ublic educa- tion. And he was deeply mortiticd that " a conipany of French rascals" had momentarily deprived the country of any hope of such a destiny of these estates. The private and confidential remarks of the secretary were not idtogether without eftcct. His Grace of Portland, then His Majesty's Secretary for the Colonies, peremptorily ordered Governor Milnes to resume and exercise that part of the king's instructions requiring that no person whatever was to have holy orders conferred upon him, or to have cnre of souls, without license, iirst had and ol^tained from the Governor, and Lord Ilobart, the Duke's successor in the Colonial De- partment, intimated to Sir Kol)ert Milnes that it was highly proper that he should signify to the Catholic Bishop the impropriety of his assuming any new titles or exercising any additional powers to those which he had as the Vicar of the Holy Apostolic See. The French Priests were also to bo reminded that their residence in Canada was merely on suf- ferance, and that it was necessary for them to behave cir- cumspectly, else even that indulgence would be withdrawn. Greatly alarmed at these proceedings the Bishop of Rome respectfully remonstrated. He humbly reminded His Most Excellent Majesty, the King, that nineteen-twentieths of the population w^ere of the Roman Catholic religion ; that the humble remonstrant was himself the fourteenth bishop who had managed the church since Canada had happily passed into the hands of the Crown of Great Britain ; that the ex- tension of the province was prodigious, requiring more than ever that the superintending bishop should retain all the rights and dignities which His Majesty had found it conve- nient to suffer the bishops to have at the conquest ; and that -rrmmmm 102 XO ROMAN CATnOLIC niSIlOP OP QT^EBEC. 1800. in tlio C()ur;« of Jut^iico thoro wliould be no room to doul)t llK'ir i>owc'rs. It wiiJ^ iixlcc'l no wonder llint the superin- tendent of tlie (Miureli of Itonie wjis aininiod at tlie aspeet of atlairs. The Attonu^y-Ceneral SeweU reported with rcii'ard io the nomination of Laurent Bertrand to he cure of Saint Lt'on-le-(Jrand, l>y tlie tiiuhir Koman Catholic Bishop of (Quebec, in the case of one Lavergne, wlio having refused to furnish tlie ptfin htni, was prosecuted in the Court of King's Bench, tliat it was a usni'paiion in the bishop to erect parishes and ajipoint cures, lie went farther and said that there was no such person as the lioman Catholic Bishop of Quebec. The title, rights, and powers of that ofKcc had been desti'oyed by the cojiquest. Nay, there could not, legally, bo any such character, as, if ho existed, the King's supremacy would be interfered with, contrary to the Statutes of Henry the Eighth and of Elizabeth. Kot only was there a quiet but arbitrary denial of the right of the Koman Ca- tholic Bishop to manage the affairs of his diocese, the possi- bility of negociating the Kcverend Coadjutor I*lessis out of liis influence was entertained. Mr. Attorney-General ulti- mately waited upon that ecclesiastic to explain his own pri- vate sentiments to him. The bishop was studiously guarded and significantly polite. The Attorney-General thought that a good understanding ought to exist between the gov- ernment and the ministers of religion. Mr. Plessis was quite of that opinion. Mr. Attorney-General thought the free exercise of the Roman Catholic religion having been permitted the government ought to avow its otKcers, but not at the expense of the Established Church. Mr. Coadjutor I'lessis said that position might be correct. Mr. Attor- ney-General thought that the government could not allow^ to Mr. Plessis that which it denied to the Church of England. Mr. Plessis saw that the government thought that the bishop should act under the King's commission, and could see no objection to it. The Attorney- General w^as strongly of opi- nion that the right of appointing to cures, which no bishop of the Church of England had, must be abandoned. Mr. 11^ 1800. Mil. l»LE66ie AND MR. ATTY. OEN'L. — EXPLANATION. 103 Sir. ricaaifl thont^lit that even liuoimpai'to niul the Pope liad ottocted a compromiso on tliat niHtkw. Mr. Attornoy-Goiie- ral liascrip- tion from the [)arisli ; ji Jtcctor of Tiwoo RivLM's with a liko salary of iiiiOO from home; u liuetor of William Henry rc- ceivintjj illUO from homo and XoO from the Society for tho l^ropui^ation of the Gorii)el ; an cvenini^ lecturer at (iucheo, receivinof XI 00 from the Imperial Treasury; the incumbent of Mis>ii8rpioi Bay, obtainintf iilOO from i>'overnnient, £1)0 from the Propaijation Society, and X30 from tho inhabitants ; and two vacancies in the "new settlements," requiring* X150 to be paid to each. The building of a stone cliurch in Montreal was commenced, but the structure which promised to bo "one of the handsomest specimens of modern archi- tecture in the province," was not Hnished, for want of funds, ten years afterwards. In Upper Canada, so late as 1795, no church had been built. Even in KeAvark, it is quaintly added by the Buko do la Rochefoucaidt Liancourt, in the same halls where the Legislative and Executive Councils held their sittings, jugglers would have been permitted to display their tricks, if any sliould have ever strayed to a country so remote. Ilis Grace, quite correct with regard to Newark, was at fault in speaking of the whole province. At Stam- ford there was a Presbyterian Church, built in 1791, and another church built for tho use of all persuasions, a kind of free and common soccage church, in 1795, w^hich was destroyed in the subsequent war. It was in this year that one of the most remarkable men, and one of the most able and indefatigable of tlie colonial clergy, Avas strolling about Mariachal College, in Aberdeen, studying philosophy. He was a very plain-looking Scotch lad and very cannie. Al- together wanting in that oratorical brilliancy so necessary for an efficient preacher of the great truths of Christianity, Mr. John Strachan had diligently acquired a dry knowledge of the humanities, to fit himself for a teacher of youth. He 106 LORD BISHOP STRACHAN. 1806. 18 was, in a limited sense, a classical scholar. Greek and Latin, Hebrew and the Mathematics, were at his fingers' ends. Not long after leaving college, he obtained the place of a preceptor to the children of a farmer in Angus-shire. The situation of schoolmaster of Dunino, a parish situated four miles south of St. Andrews, in Fifeshire, and six miles north of Anstruther, the school taught by Tennant, the orientalist, professor of Hebrew and other oriental languages in St. Mary's College, St. Andrews, and the author of the Poem of Anster Fair, became vacant, when Mr. John Strachan made application for the fat berth, the salary being nearly <£30 a year, and obtained it. Mr. Strachan taught quietly at Du- nino, attending St. Andrews College, in the winter, until he received the offer of <£50 a year, as tutor to the family of a gentleman living in Upper Canada. He accepted it, left Dunino, and went to the wilderness. Mr. Strachan taught as a private tutor for some time and subsequently establish- ed a school for himself, when he married a widow possessed of cash and respectably connected. The Church of Scotland, in Canada, was then at a very low ebb. Even in Quebec, although there had been a regularly ordained clergyman of the church ofliciating since 1759, there was only, from 1767 to 1807, an apartment assigned to the Scotch Church for the purpose of divine worship, by the King's representative, in the Jesuits' College. Nay, in 1807, the Scotch Church was entirely sent adrift by Colonel Brock, to be afterwards per- mitted to meet in a room in the Court House. Until 1810 there was no Scotch Church in Quebec. What inducement was there for a progressive Scotchman to remain in connec- tion with such a church? Mr. Strachan clearly perceived that the road to worldly preferment ran through the Church of England, and, having a wife, and the expectation of a family, he recognised the expediency of obtaining orders as a descendant of the apostles. It was not long before he obtained permission to officiate as a minister of the Church of England, and he abandoned the birch for the surplice. Mr. Strachan justified every expectation that may 1806. THE CHURCH OP ENGLAND. 107 -1 was the the have been formed of him. He became a most zealous churchman, and a very nhort time elapsed until the Scotch schoolmaster was the Hon. and Revd. Dr. Strachan, Rector of York, now Bishop of Toronto, and he may go to the grave satisfied that he has done more to build up the Church of England in Canada, by his zeal, devotion, diplomatic talent, and business energy, than all the other bishops and priests of that church put together. Some idea will now have been formed of the state of the Church of England "establishment," in Canada, about a time, when it was intended to amalgamate with it the fabrics of Rome. Bishop Mountain had a seat it in the Legisla- tive Councils of both provinces. He only was the embodi- ment of Church and State. Mr. Secretary Ryland, anxiously active against the Church of Rome, was very favorably disposed towards the Church of England. His creed with regard to the "Protestant Church Establishment," in the provinces, was for it to have as much splendour and as little power as possible. His chief deeire was to make episcopalianism fashionable. He would have given to the Bishopric of Quebec a Dean, a Chapter, and all the other ecclesiastical dignitaries necessary for show, and he would have endowed the See with sufficient lands to support the establishment in the most liberal manner. But not a grain of civil power beyond their churches and churchyards was he inclined to give to the clergy. He even thought that in regard to the particular case at Montreal, and in any other case where a church should be, or was about to be built by private contribution, the bishop would exhibit infinite dis- cretion, if he did not do more than wish to advise and to consecrate. The same rights, privileges, prerogatives and authority as bishops enjoy under the common Law of Eng- land could not safely be given to colonial bishops, nor could it be possible to obtain them. A more worldly view of church extension could not well be conceived, but the sug- gestion was not by any means an imprudent one. Bishops, being but men, are too apt to abuse power, and it is surely 108 THE DISSENTERS AND EPISCOPACY. 1806 well that too much of it shoukl not be granted to experiment upon. While all this was quietly going on, sub 7'osa, in Lower Canada, the Methodists, Baptists, and Presbyterians, were quietly taking hold of the public mind in Upper Canada. Although the meeting houses were only few and far between, and churches and chapels were extremely rare, the most illi- terate of the sects wore itinerating, hither and thither, with wonderful success. About this time there was also a disposition to ditfuse education. His Majesty, the King, gave directions to estab- lish a competent number of free schools in the different parishes, to be under the control of the Executive, but the project was strenuously opposed by the Roman Catholic clergy, and only grammar schools in Montreal and Quebec were provided for, which have languished and died. It was feared by Bishop Mountain that the want of colleges and good public schools would render it necessaiy for parents to send their children to the United States, to imbibe, with their letters and philosophy, republican principles. It was at his suggestion also that the idea of free schools was en- tertained. The Canadians were deplorably ignorant, and their children, it was designed, should be free from that re- proach. It is only now, however, that they are emerging from the most debasing state of mental darkness, into some- thing like enlightenment. Example has done that which force would have failed to accomplish. As illustrative of the saying " there is nothing new under the sua," it is worthy of remark here that upon the arrival of the intelligence in Canada, respecting the breaking out of the war with France, in 1798, some of the leading mem- bers of the House of Assembly, which was then sitting, proposed to levy the sum of .£20,000 sterling, by a tax on goods, wares, and merchandize, to be applied, as a voluntary gift to His Majesty, from the province, to enable the King the more effectually to prosecute the war. This was pro- posed by Mr. xUtorney-General, Mr. Young, and Mr. Grant. was 1806. GIFT OF .£20,000 to the kino — spenceu wood, ag. 109 and aa far as tho House was concerned, the measure was found practicable. But General Prescott, the Governor, having been informed of the matter, did not think it expe- dient to encourage a scheme which Lord Elgin would have jumped at. In 1805, the whole revenue of the province was only X37,000, yet, it appears that Sir Robert Milnes, the Governor, did not think that he could sufficiently entertain to gain a due consideration from the principal persons in the province, on ,£4,000 a year. He sent a whining letter to Lord Hobart on the subject, begging for an increase of salary. ,£5,000 was not a sufficient sum to keep up the hospitality of Gov- ernment House. It would hardly support the summer resi- dence at Spencer Wood. He had said nothing about so delicate a matter, while the war lasted, though he had ex- pended £1,000 a year out of his own private income. And he would rather resign than sacrifice the comforts and waste the means of his familv. Canada, now, continued steadily to advance, both politi- cally and commercially. N^either her political advancement nor the extent of her commerce was great, but both were yearly becoming greater. During the summer of 1806, one hundred and ninety-one vessels, 33,474 tons of shipping, entered at Quebec. Coasters were in full and active em- ployment, and shipbuilding was to some considerable extent carried on. The military of the garrison were still anti- quated. The army made no perceptible progress, soldiers still plastered their hair, or if they had none, their heads, with a thick white mortar, which they laid on with a brush, afterwards raked, like a garden bed, with an iron comb ; and then fastening on their heads a piece of wood, as large as the palm of the hand, and shaped like the bottom of an arti- choke, they made a eadogan, which they filled with the same white mortar, and raked in the same manner, as the rest of the head dress.* The army wore cocked hats, knee breeches and gaiters. The habitonts, or peasantry, had retrogi'aded, • See Duke dela Rochefoucault's Liancourt's travels through North Amerio*. -.u.. ^iffim iiip 110 GARRISON PIPECLAY — THE HABITANTS. 1806. and Volney found that, in general, they had no clear and precise ideas : that they received sensations without reflect- ing on them ; and that they could not make any calculation that was ever so little complicated. If asked how far the distance from this place to that was, a French-Canadian peasant would reply : — " it is one or two pipes of tobacco off," or "you cannot reach it between sunrise and sunset." But the better classes, in close contact with the upper classes among the English, were rapidly improving, and began to entertain the idea that they had political rights. They even started a newspaper called " Le Canadkn" and began most vigorously to abuse "les Anglais" and the government. The ^^ Canadioi," published entirely in French, firet appear- ed in November 1806. Had it been less anti-British, possi- bly, it would have been less disagreeable ; but the idea had strongly taken possession of its supporters that French-Ca- nadians were looked upon, by the government and its satel- lites, as mere serfs, and they agitated accordingly. Not only that. They began to exhibit some sparks of independ- ence. Their watchword became : — "iVos institutions, notre langue, ei nos his." They branded the British immigrants and the British population as ^^ Strangers et int^'us." Mr. Crapaud's temper was fairly up. There was cause. The worm will bite when trodden upon. Unless there had been substantial grievances, the Cmiadien could not by any possi- bility have becoiae so popular as to have given not only umbrage, but uneasiness to the government. Yet it did cause such uneasiness and was peremptorily checked. It was impossible then for a native-born Canadian, whether of English or French extraction, to look a home-appointed government official in the face. " Tempora mutantur et nos mutamur in illis." On the 21st January, 1807, Mr. President Dunn again met the Legislature of Lower Canada. That invaluable consti- tution enjoining on the ruler to meet his parliament once a year, rendered it imperative upon him to summon the Coun- cil and Assembly for the despatch of business. He recom- a war. 1807. A PROVINCIAL AGENT IN LONDON. Ill noire grants Mr. The i been possi- ; only ; it did ;d. It her of ointed et nos in met jonsti- )nce a IConn- kcom- nieuded to the assembled wisdom before him the i>roprioty of continuing several temporary acts then in force ; congra- tulated them on the brilliant success of His Majesty's arms ; alluded with pride to the conquest of the Cape of Good Hope; and touched upon the repeated victories obtained by Sir John Stuart in Calabria. The Assembly replied in terms most flattering to the President personally, promising to do as he required. On proceeding to business, the iirst subject which engaged the attention of the House was the propriety of defraying the expenses of members of the House resid- ing at a distance from Quebec. The House was disposed to defray such expenses, but nevertheless, the further consider- ation of the matter was postponed by a majority of two. The expediency of having a Provincial Agent or Ambassa- dor, resident in London, to look after the interests of the province at the metropolis of the empire was discussed, and it was resolved in the affirmative. The Alien Act was passed, and that for the better preservation of His Majesty's gov- ernment continued for another year, together with several other acts, and on the 16th of April, the parliament was prorogued. Serious apprehensions of a war betwen England and the United States now began to be entertained. American com- mercial interests were grievously affected by the war in Eu- rope, and a kind of spurious activity, in the hostile prepara- tions which would surely follow a declaration of war against England, on which country in peace the merchants of New York, Boston, and the other seaports of the United States principally depend, seemed to be the only incentive for such a war. But while the fillibusters of " the greatest nation in creation," were looking for any cause of war, a good cause, in American eyes, arose. The American ships of war were mostly manned by British seamen. Men were greatly in demand for British war vessels, and it was conceived that the right to impress a British sailor anywhere on land or water belonged to His Majesty's naval officers. It having reached the ears of Admiral Berkeley, the Naval Commander 112 A SPECK OF WAR. 1807. ill Chief, oil tlio ICalifax Station, that tlic American fr' j;ate " Chesapeake," was partly manned by British seamen, the Admiral, untliinkiugly ordered Captain Humphreys, of the "Leopard," to recover them. The men on board of the " Chesapeake" were indeed known to he deserters from II. AI. S. "Mchimpus." William Ware, Daniel Martin, John Strachan and John Little, IJritish seamen, within a month after tlicir desertion, had ottered themselves as able seamen at Norfolk, in Virginia. Their services were accepted, and the "Chesapeake," on board of which they were sent, pre- pared for sea. Being made aware of the enlistment of these men, the British Consul at Norfolk, formally demanded their surrender by the Captain of the " Chesapeake." Their sur- render was refused. Application for them was then made to the American Secretary of the navy. But he did not con- sider it expedient to give them up. Three of the men were natives of America, two had protection, and the other had merely lost his protection. The " Chesapeake" sailed on the 22nd of June, and on the same day was intercepted by the British frigate "Leopard," of 50 guns, off Cape Henry. Captain Humphreys, of the "Leopard," stepping on board of the " Chesapeake," demanded the muster of the crew of the American frigate. Captain Barron, in command of the American frigate, refused compliance. The British Com- mander returned and both vessels got ready for action, the American frigate only, it is said, anticipating hostilities. Then the Leopard fired upon the Chesapeake and, in thirty minutes, so disabled her that she struck, when Captain Humphreys boarded her and took, from among her crew, Ware, Martin, and Strachan, together with one John Wilson, a deserter from a British merchant ship. The United States now burned with indignation. Their outraged nationality could never brook such an insult. Every British armed vessel was ordered to leave the waters of the United States by the President. A special meeting of Congress was held. And the American Minister at the Court of St. James was ordered to demand satiBfaction. He did do go. Mr. Canning, 1807. THE CHESAPEAKE DIFFICULTY SETTLED. 118 the Britis'a Minister, at once ottered reparation, but ho ob- jected to any reference to the general question of impress- ments from neutral vessels being mixed up with an affair so unfortunate. Mr. Munroe was not authorized to treat these subjects separately, and further negotiation between the two ministers was suspended. Grout Britain then sent a special minister to the United States, empowered to treat concern- ing the special injury complained of. Before he arrived ihost ample preparations were being made in the United States for war. Millions of dollars were appropriated to- wards the construction of 188 gun-boats, and the raising of horse, foot, and artilleiy. It was not until 1811 that this huge mistake was settled, when the British Minister com- municated to the American Secretary of State that the attack on the Chesapeake was unauthorized by His Majesty's gov- ernment; that Admiral Berkeley was recalled; that the men, taken from the Chesapeake, should be restored ; and that suitable provision for the families of the six American seamen killed in the fight should be made. But, settled as this gross and deplorable mistake was to the perfect satisfac- tion of the President, the trading community of the United States were every day becoming more dissatisfied with the state of affairs in Europe and the consequent state of affairs at home. The situation of affairs, on this side of the At- lantic, was indeed gloomy and critical. France and England were fiercely at war, and were arraying against each other the most violent commercial edicts to the destruction of the commerce of neutral nations. There was the British block- ade from the Elbe to Brest ; Napoleon's Berlin decree ; the British Order in Council prohibiting the coasting trade ; the celebrated Milan decree ; and the no less celebrated British Orders in Council, of ITovember the 11th, 1807, together with the American Government's edicts respecting non-inter- course with Great Britain and France to set on edge the teeth of a people now little scrupulous as to what they did, provided money could be made, or power be obtained. Strife had introduced a disposition to intrigue ; political cun- 114 FEELINO IN TlIC L'NITKU HTATES. 1807. }8 niug had becom. ♦ashionablc ; and political duplicity had lost much of its deformity in the United States. The finger of derision was no longer pointed at meannesses ; the love of honor, and manliness of conduct, was blunted; cunning began to take the place of wisdom ; professions took the place of deeds , and duplicity stalked forth with the boldness of integrity. The American people wanted a quarrel that the whole boundless continent might be theirs. They had badgered France out of Louisiana, and they would badger England out of Canada and the West Indies. In New York and Boston, Philadelphia and Baltimore, it was customary to talk of walking into Canada and squat a conquest, as was afterwards carried into effect with regard to Texas. Mr. Dunn, the President of the Canadian government, looked upon the state of feeling in the adjoining republic with sus- picion. He conceived it expedient to feel the public -pulse in Canada. Like a skilful physician he approached the pa- tient cautiously and good humouredly, to prevent flurry or agitation, and in putting his hand on the pulse of public opinion, he found it to be healthily strong and regular. He prescribed only a draft of one-fifth part of the whole mi- litia of the province. The draft was taken immediately. The Roman Catholic Bishop of Quebec, or rather the yet only Superintendent of the Romish Church in Quebec, Mr. Plessis, now rapidly rising into favor with the Colonial Court, promptly issued a mandement to the faithful, concerning the war, and a " Te Deum" was sung in all of the churches under his control in Lower Canada. The Canadians turned out with great alacrity. His Honor the President and Com- mander-in-Chief expressed his satisfaction in general orders. Burn's artillery company volunteered. In ballotting, young bachelors procured the prize tickets of the married men. Some that were not drawn purchased tickets from some that were drawn, and there were not a few married people who refused to sell out, if all that is stated in a Quebec paper of that period can be credited. No doubt the glories of war were uppermost in men's minds. It is possible to make war 1807. WAR PFEPARATIONS IN CANADA. nr> popular and the braggart tone of the Americans had doubt- less contributed considerably to its popularity with the Ca- nadians. Colonel Brock was then Commandant at Quebec. He was ft man of much decision of character and of strong natural sense. "With tlic President he made the most vigorous ex- ertions to discipline the militia and to put the fortiiications of Quebec into a good state of defence. Night and day men labored at the fortitications. Every addition that "science, judgment and prudence could suggest," was made. The income tins year was £36,417, and the civil expendi- ture £36,213. In Upper Canada, Francis Gore, Esquire, it has been pre- viously intimated, was Lieutenant-Governor. He first met Parliament on the 2nd of February, 1807. Twelve Acts were passed, the most remarkable of which were the Act to establish Public Schools in every district of the Province, £800 having been appropriated for that purpose, with the view of giving to each of the eight districts of the Province, a schoolmaster having a salary of £100 a year ; the Act im- posing licenses on Hawkers, Pedlars, and Petty Chapmen, — to th© amount of three pounds for every pedlar, with twenty shillings additional for a hawker with a horse ; eight pounds for every chapman sailing with a decked vessel and selling goods on board ; — five pounds for the same description of traders sailing in an open boat ; and eight pounds on transient merchants ; and the Act for the Preservation of Salmon, which permitted that fish to be taken with a spear or hook, but prohibited the use of a net in the ISTewcastle and Homo Districts. When next the Parliament met, on the 20th January, 1808, the same fears that w^ere felt in Lower Canada, being felt in Upper Canada, an Act was passed to raise and train the Militia ; £1,600 was granted toAvards the construction of roads and bridges ; £200 of yearly salary was granted to an Adjutant-General of Militia ; £75 additional was given to the Clerks of the Assembly ; £62 10s. per ton was to be 116 UPPER CANADA — TUB PAKLIAMKNT. 1807. the price of hemp purchased under an Act of rarliainent for the encouragement of its growth in the I'rovince ; an Act for the more equal representation of the Commons was passed ; and Collectors of Rates were to enter into bonds of ^200 security. On the 2nd February, 1809, the Parliament of Upper Ca- nada was again convened. An Act was adopted for quarter- ing and billeting the Militia and His Majesty's troops on certain occasions. Householders were to furnish them with house-room, iire, and utensils for cooking. Officers, in case of an invasion, having a warrant from a Justice of the Peace, could impress horses, carriages, and oxen, on regulated hire. Upper Canada was evidently preparing for an expected struggle, as well as Lower Canada. £1,045 -was this session granted for the Clerks of Parliament and contingencies, in- cluding the erection of a Light House on Gibraltar Point ; Menonists and Tunkera were permitted to affirm in Courts of Justice ; £250 was appropriated for a bridge across the Grand River ; and .£1,600 w^as granted for bridges and high- ways. In the next session of the Fifth Parliament, which Governor Gore assembled at York, on the 1st of February, 1810, X2,000 were granted for the roads and bridges ; the Common Gaols were declared to be Houses of Correction for some purposes ; a duty of .£40 a year was set upon a Billiard Table set up for hire or gain ; ,£606 were applied to printing Journals, Clerks of Parliament, and building Light Houses. The Act establishing a Superior Court of Criminal and Civil jurisdiction, and regulating a Court of Appeals, was repealed ; and .£250 additional was granted for the erec- tion of a bridge across the Grand River. To return to Lower Canada, Lieutenant-General Sir James Henry Craig arrived at Quebec in the capacity of Governor General, on the 18th October, 1807, in the frigate Horatio, and relieved Mr. President Dunn of the government, on the 24th of October. Mr. Secretarj'^ Ryland was very busy at the time. He was flattering himself, he told the Bishop of Quebec, that the Secretary of State would have received ]«07. (JOVKIINOR tJENERAL blR JAMES CRAIfi. 117 from him a scries ot* (los|)at<'lios which would "^ivo that fuut'tionary a (jcnoral and useful kuowlod^v of the state of things in Lower Canada. ' 'f hcio wcio so]uo wlio had ex- erted themiselvert t(» (k'fanie and injure the J*i'e.si(UMit, witli a view to their own private interests, lie partieuUirly alluded to that contenii)tible animal, Chief Justice Aieoek; to his worthy friend and coadjutor, of whose treacherous, plau- flible, and selfish charac;ter, he had never entertained a doubt ; and to that smoothfaced swindler, whom the Lieutenant- Governor had taken so affectionately by the haiul, as tho man, who, of jdl others, came nearest in point of knowledge, virtue, and ability, to the great Tom of Boston, lie would add to these worthies ft pudding-headed commanding ofKcer (General Brock I) who, if the President had given in to all his idle " Camelian " ])r()jects, would have introduced utter confusion into the whole system, civil and military, lie anxiously expected Sir James Craig, whoso establislied fame assured him that a better choice could not have been made. And he thought it probable that if his dear, dear Lordship, should not have had an opportunity of honoring him with a recommendation to His Excellency of established fame, Ins services would be dispensed with, and then he could join his family in England. But should he remain as Secretary to General Craig, he liad it in contemplation to lay before him a copy of liis letter to Lord S., concerning ecclesiastical aftairs, though it would not be prudent to do so until he liad ascertained how far the General's sentiments accorded with his own. In a postscript to his letter to the dear Lord Bishop, Mr. liyland goes into raptures. He had just re- ceived a message from Mr. Dunn, telling him that the Gov- ernor General had arrived. He dressed himself immediately and got on board the frigate with Mr. Dunn's answer to the General's despatch, before the ship cast anchor, and before any of the other functionaries knew even that the Governor General was at hand. He found the General ill in bed, but was 80 politely received, that the General begged that he would do him the favor to continue his sccrctarv. Ho never 118 RYLAND"S MjVli Full THK NKW UOVEIIXOK. 1807 waft 80 ploasctl with any porson at first sight. Although he saw him to every diHudvautjigo, the General appoarod to be a most amiable, a most intelligent, and a most deeided cha- racter, lie, (the General,) landed about one o'elock, but was so unwell that he begged to be left alone, and Mr. Ry- land only saw him tor an instant. But that eurious beast, the Chief Justice, after intruding himself with unparalleled assurance, upon the General, before he landed, forced him- self again upon him, at the Chateau, when every body but tlie President had withdrawn, and most impudently sat out the latter. He did so for the purpose of recommending as secretaries, his father-in-law, and a young man named Bra- zenson, or some sueli name, whom lio^ad brought out with liim from England, but his scheme entirely failed, and his folly would fall upon his own pate ! Mr. Ryland had trans- acted business with the Governor every day since he had landed, and had even drawn up a codicil to his will, the poor, decided Governor, who had adopted Mr. Ryland, Avas so ill. Nay, Mr. Ryland, for the love of this one honorable and just man, could have ahnost forgotten that he was surrounded by scoundrels, and would bury in oblivion the mean jea- lousies of a contemptible self-sufficiency, and the false pro- fessions of smiling deceit. But should it please Almighty God to remove the incomparable man, and should there be a chance that the civil government of the province should be again disunited from the militaiy command, he did hope that the dear, dear Lord, would favor him with his utmost interest towards enabling him to make the exchange which Mrs. Ryliind would tell his dear Lordship, the Bishop, her husband had in contemplation. Sir Jaiiif s Craig was an officer of good family. He was one of the Craigs of Dalnair and Costarton, in Scotland, but was born in Gibraltar, where his father had the appointment of Civil and Military Judge. He had seen much service in the camp and in the field. In 1770 he was appointed Aid- de-Camp to General Sir Robert Boyd, then Governor of Gib- raltar, and obtained a Company in the 47th Regiment of the 1807. tilUKVtCES OF SIK JAMES C'ltAUi. 110 pe be lould lope lost Ihich her was but lent uein line. Having gone to America, with his regiment, in 1774, he was present at tlie battle of IJunl^er's Hill, where ho was Hoveroly wounded. In 1770, lie accoiripanied liis regi- ment to Canada, coniuumding liis coniptiny at the action at Trois KivicrcH, and lie afterwards coimiiandcd the advanced guard in the expulsion of Arnold and his " rebels." Ho was wounded at Hubertown, in 1777, and was present at Tironderoga in the same year. He was wonnded again at Freeman's Farm, and was at Saratoga with Burgoyne, and after that disastrous aifair was selected to caiTy home the despatches. On his arrival in England, he was promoted to a majority in the 82nd Regiment, which he accompanied to Nova Scotia, in 1778, to Fenobscot, in 1779, and to North Carolina, in 1781, where he was engaged in a continued scene of active service. He was promoted to the rank of Major General, in 1794, and the following year was sent on the expedition to the Cape of Good Hope, Mhere, in the re- duction and conquest of that most important settlement, with the co-operation of Admiral Sir G. K. P]lphinstone and Major General Clarke, he attained to the liighest pitch of military reputation. Nor were his merits less conspicuous, it is said, in the admirable plans of civil regulation, intro- duced by him in that hostile quarter, when invested with the chief authority, civil and military, till succeeded in that po- sition by the Earl of Macartney, who was deputed by the King to invest General Craig with the Red Ribbon, as a mark of his sovereign's sense of his distinguished services. Sir James served, subsequently, in India and in the Mediter- ranean, where he contracted a dropsy, the result of an affec- tion of the liver. This was the officer, of an agreeable but impressive presence, stout, and rather below the middle sta- ture, manly and dignified in deportment, positive in his opinions, and decisive in his measures, though social, polite, and affable, who was sent out to govern Canada because a rupture with the United States was considered probable. Sir James on an-ival at Quebec did not, however, consider hostilities imminent. Nor did he immediately organize the 120 MEETING 01'' PARLIAMENT. 160S. militia. But ho lauded the Canadians for the heroic spirit which they had manifested. One of his first acts was to re- lease from prison a number of persons convicted of insubor- dination, and sentenced to twelve months' imprisonment in the gaol of Montreal. The militia of the parish of L'As- somption, in the district of Montreal, had formed a painful exception in the spirit which they exhibited on being called upon to enrol for service, to that which had been exhibited eveiywhere else. But tlu rioting had been immediately suppressed,, and the rioters punished by the ordinary Courts at Montreal. In gaol the rioters manifested contiition, pro- mised good behaviour for the future, and Sir James, over- looking the faults of the few i)i consideration of the general merit, set the prisoners free. On the 29th of .Tanuary, 1808, he convened the Legislature, lie regretted, in his opening speech, that there was little probability of a speedy cessation of hostilities, in Europe. He congratulated the "honorable gentlemen," and "gentlemen," on the capture of Copen- hagen and the Danish fleet, defending^ the morality of the offensive measures against Denmark. He lamented the dis- cussions that had taken place l)etween His Majesty's gov- ernment and that of America. He hoped that the difier- ences would be so accommodated as to avert the calamities of war between two nations of the same blood. He intend- ed that no means should be neglected to prepare for the worst. Though the militia had been selected, he did not think it necessary to call them together, no inmiediate cir- cumstance seeming to require it. He had appointed com- missioners for the erection of ne\v^ gaols in Quebec and Mon- treal. And he expected perfect harmony and co-operation between the legislative bodies and himself, as the represent- ative of the sovereign. All that Sir James wished to be done the Assembly promised to do. In those days not only was the Chief Justice a member of the Upper House, but the Judges of the King's Bench were not ineligible for election to the Lower House, and some, or all of them, contrived to get seats there. It does not appear 1808. THE JUDGES IN PARLIAMENT. 121 )er of were le, or )pear that the Chief Justice was in the Ui^i^er House a mere gov- ernment tool, for Sir Robert MUnes most bitterly com- plained to the Duke of Portland, of the opposition to certain measures, which he had met with, from Chief Justice Os- goode, who, even in public, treated him contemptuously. But it is yet probable that some of the judges in the Assem- bly, were less the representatives of the people who had elected them, than the mouth-pieces of the government, to whom they were indebted for their appointments to the Bench, and on whose good pleasure, their continuance on the judgment seat, depended. Be that as it may, the Assem- bly were jealous of their presence in the House, and accord- ingly, this session of Parliament, a motion was introduced into the Assembly, declaring It to be expedient that the Judges of the Court of King's Bench, the Provincial Judges of the Districts of Three "Rivers and Gaspe, and all Commis- sioned Judges of any Courts that might afterwards be estab- lished, should be incapable of being elected, or of sitting, or of voting in the House of Assembly. The motion was adopt- ed, and a bill framed upon the resolution, passed the Assem- bly. Unfortunately, heedless of the pressure of public opi- nion, the Legislative Council threw out the bill ! The As- sembly were greatly incensed, and the idea of expelling the judges was entertained; but for a while relinquished. Mr. Ezckiel Hart appeared at the Bar of the House to take Idt eat for Three Rivers, Mr. Lee, the previous repre- sentative of tLat town, had died in the course of the previous G :;.ion, and Mr. Hart had been evicted to succeed him. Mr. Hfc't \7as a merchant of goo^ »*^ .^ding. Of the most spot- less private character, he stood in high esteem with his neighbours and tellow townsmen. But Mr. Hart was not faultless. He was, by birth, education, and religion, a Jew. When he prayed, he placed the ten commandments next his heart. In him, those devctt d members of the Society of Jesus, found neilhi^i a syinpathizer nor a persecutor. A Christian Legits lativ.' Assembly, like that of Canada, of which Sir Jam«^a C.aig -fterwards privately expressed an 122 EXPULSION OF MR. HART. 1808. opinion so ludicrously high, could not bj contaminated with the presence of a Jew. By a vote of twenty-one to five, it was resolved : — " That Ezekiel Hart, Esquire, professing the Jewish religion, cannot take a seat, nor sit, nor vote in this House." Ezekiel departed. The word ^^baruch," was on his tongue, the signification of which, like that of the French word ^^sacrS" may signify, according to the humour of the utterer, either an anathema or a blessing. The Assembly being, however, ignorant of the Hebrew tongue, Mr. Hart was not sent to gaol for breach of privilege, nor was he even required to apologize. These were the chief topics of de- bate, and much time was occupied with them. A sum was voted to repair the Castle of St. Louis then tottering to decay. The Militia and the Alien Acts were continued for another year. A bill for the trial of v.;d^.o verted elections was passed, and in all thirty-five bills were carried through, all of which His Excellency, the Governor, sanctioned, ex- cept that relative to gaols in Gaspe, which, though after- wards sanctioned, was reserved for the pleasure of the King to be expressed on it. On the 14tli of April the Parliament was prorogued. The speech was somewhat lengthy, and on the whole, it was a good one. Sir James was induced to put a period to the session that he might be enabled to issue writs for a new House. The critical situation of afikir?' made him anxious for legislative assistance, under circumsi '.ac* «, that would not be liable to interruption from the PST)irf:ticn of the period, for which one of the branches we (^ - ^o; en. He was glad that so much attention had been paid to busi- ness. He was very much pleased to find that a sum of money had been granted for the repair of the Chateau. Events of great magnitude had taken place in Europe. Na- poleon had succeeded in exciting Russia, Austria, and Prussia, to hostilities, against England, and the Ministers of those Courts had demanded their passports to retire from the Court of St. James. Napoleon had done more tjian that. The disturber of mankind had subverted the government of Portugal, but that magnanimous Prince, Don Pedro, had 1S08. PROKOGATION OF PARLIAMENT. 123 ent id on put [issue iiade )i en. Ibud- of teau. Na- and krs of the it of had emigrated with his Court to the Brazils, rather than submit to the degrading chains of such a master. His Majesty, the King of Great Britain, had offered the Americans repara- tion, immediately and spontaneously, for the unauthorised attack upon the Chesapeake^ but the American government taking advantage of the state of affairs in Europe, were en- deavoring to complicate the difficulty, to the injury of that power which alone stood between it and an inevitable doom to the worst of tyranny. And in conclusion, he begged the representatives of the people to instruct their constituents, by the influence of their education and knowledge ; to point out to them a sense of their duties in due subordination to the laws ; to advise them to be faithfully attached to the Crown ; to let them into the knowledge of their true situa- tion ; to conceal not the difficulties by which the empire was surrounded, but, at the same time, to point out the miseries Britain was combatting to avoid ; and to assure them that while Britons were united among themselves, there was no dread of the result of the present struggle between liberty and despotism. The war had had its effect upon the trade of the countiy. The revenue had fallen off nearly <£1,000, being only ^635,- 943, while the civil expenditure had increased to .£47,231. In May the general election took place. The contests were not marked by much bitterness. As before, in the larger towns, the two origins were equally represented. Even in the counties, several gentlemen of English extrac- tion, were returned to the Assembly. Mr. James Stuart, the Solicitor General, now no friend to the Governor nor to his sub rosa adviser, Mr. Ryland, was returned for the East Ward of Montreal. Mr. Stuart, a lawyer of excellent acquirements, of great independence of spirit, and of extraordinary mental capacity, iDstead of being raised to the Attorney-General- ship, on the elevation of Mr. Sewell to the Chief Justice- ship, in tt.e room of Mr. Chief Justice AUcock, who had died in August, had been superseded by Mr. Edward Bowen, a barrister of very limited acquirements, and, being then ■SSSBSBaS 124 MR. PANET AND " THB CANADIEN. 1808. only a young man, professionally, very inexperienced. Nay, he was soon afterwards dismissed from the Solicitor-General- ship, by the Governor, to whom he had, in some mysterious way, given offence. The Honorable Mr. Panet, Speaker of the Assembly for the four previous parliaments, was nomi- nated for the Upper Town of Quebec, and went to the hustings. He presided at an election meeting, at which there was something like plain-speaking, a particular kind of speaking most distasteful to the Acting Paymaster General of Burgoyne's army, an army with which even Sir Jamea Craig had himself served. All the official class of the city, " including the resident military officers, and dependents upon the Commissarir.t, Ordnance, and other departments in the ^ dson," entitled to vote, voted in favor of another French ^t^/leman, more acceptable to the government. The Quebec Mercury was strongly opposed to the Speaker, who, by his plainspeaking, had become offensive to Mr. Ryland, the confidant of Sir James Craig. Mr. Panet lost his election for Quebec, but was returned to the Assembly for Huntingdon. The Governor and his Secretary were very much displeased, and the Mercury was inspired to speak against the bilious spleen of the triumphant Panet, who was connectc'l with that vile print, the Canadien. During the election for Que- bec, a handbill had appeared, calling the government feeble. Those who issued that handbill, the Mercury exultingly re- marked, would have felt that they were not quite under the government of King Log. The Canadien was, in abuse, the freest of any paper in the province. It was licentious. It no more consulted that which it was expedient for a free press to do, than did the House of Assembly consider that which was suitable to it, a few years past, on the article of privilege. Mr. Ex-Speaker Panet was connected with the Ganadien. He was also a Colonel of Militia. It occurred to Mr. Ryland that the position of a militia officer was incom- patible with the proprietorship of a newspaper. According- ly, a few days after the return of Mr. Panet for Huntingdon, Mr. " H. W. R." the Private Secretary of the Governor 1800. DISMISSALS FROM THE MILITIA. 125 General, was directed to inform Messrs. J. II. Panet, Lieute- nant-Colonel, P. Bedard, Captain, J. T. Taschereau, Cap- tain and Aid-Major, J. L. Borgia, Lieutenant, and F. Blan- chet. Surgeon, proprietors of the Cdnadicn, that the Gov- ernor-in- Chief considered it necessary for His Majesty's ser- vice to dismiss them from their situations as Colonel, Cap- tain, Aid-Major, Lieutenant, and Surgeon, of the Militia. "With regard to the Ilonorahle ^Mr, I'anet, in particular, His Excellency could place no confidence in the services of a person whom he had good reason for considering as one of the proprietors of a seditious and libellous publication, dis- seminated through the province, with great industry, to vilify His Majesty's government, to create a spirit of dissa- tisfaction and discontent among his subjects, and to breed disunion and animosity between two races. Had it been the purpose of the Canadicn and of its proprietors to breed dis- cord between the two races of settled inhabitants, the cen- sure of Sir James Craig would have been deserved. But that was not its purpose. It aimed only at equality of pri- vileges, and complained of the sway of officials having no abiding interest in the country. It was a war between the imported official class and the native-born or naturalized classes which the Ccmadien waged. Doubtless, it went, occa- sionally, too far. Doubtless, it forgot to make such distinc- tions between the officials and the traders or agriculturists of British origin. Doubtless, it did remember that the French Canadians had been captives at the conquest, and their souls revolted at the idea of being lorded over still, though no longer captives, but British subjects, anxious for the honour of their King, and ready to defend him from his enemies. The new Parliament met on the 9th of April, 1809, The Assembly were directed to choose a Speaker. Out of doors and indoors, in the Governor's Castle, at the official desk, ia the merchant's counting room, in the baker's shop, in the Council, and in the Assembly itself, the choice of a Speaker by the Assembly, was a matter of interest. It was whis- pered that Mr. Panet had incurred the Governor's displea- 126 MR. I'ANET HEELECTKD SPEAKEU. 180U. sure, and that all the toadies would vote against him. It was blandly hinted that Mr. Panet having been dismissed from the Militia, the House, having regard to its own dignity, could not call him to the Chair. It was said in conversation that Mr. Panet was an excellent and most impartial Speaker, and it was a pity that he had suffered himself to have been connected with the seditious and libellous Cunadien. Only for Mr. Panet's unfortunate position, no more suitable per- son, for the highly honorable office of Speaker, could have been thought of. But he must not be Speaker under pre- sent circumstances. The Assembly thought otherwise and, acting independently and fearlessly, elected Mr. Panet as their Speaker. His Excellency the Governor did not much relish the choice. He did not, however, refuse to confirm Mr. Panet as Speaker of the Assembly. It was thought that he would be refused confirmation. But when he appeared at the Bar, with the House at his heels, and supported by the Mace, the Honora])le the Speaker of the Legislative Council was only commanded to tell Mr. Panet, that having filled the Chair of Speaker, during four successive Parliaments, it was not on the score of insufficiency that he would admit an excuse on Mr. Panet's part, nor form objections on his own part. He had no reason to doubt the discretion and mode- ration of the present House of Assembly, and as he was, at all times, desirous of meeting their wishes, so he would be particularly unwilling not to do so, on an occasion, in which they were themselves principally interested. He, therefore, allowed and confirmed Mr. Panet to be Speaker. His Ex- cellency, though somewhat ironical in his mode of confirm- ation, acted liberally and prudently. In His Excellency's speech from the throne, allusion was made to the unfavour- able posture of affairs with America ; to the revolution in Spain and to the generous assistance afforded that country by Great Britain ; again to the emigration of the Royal Fa- mily of Portugal to Brazil ; to "Wellington's victory at Vi- meira, by which Portugal had been rescued from the French ; he cautioned the members of the Legislature against jea- 1809. lousies have n( alluded United Canadia owing t( had bec( the hints Excellen reply wa was a qu On proc judges Av even ma averse to prepared All that \ eligible fc was appoi from the ( report to t and of coi to disquali time. Mr for Three] Jew, and would the had been s previous I Assembly from being and read tv siness had noyed. Ti judges, was of May, he to five bills, 1809. THE WAR — TlIK JrDUES — MR. HART. 1-27 loiisios among thcniselvG;^, or of the government, wliieli could have no otlier object in view tliiin the general woU'uro ; and alluded to the non-intercourse and embargo policy of the United States, which, so far, had operated favourably for the Canadian trade, particularly in the article of lumber, which, owing to the exclusion of British shipping from the Baltic, had become a staple export. The House was not pleased at the hints about jealousies, nor very much pleased with His Excellency's remarks in confirming their Speaker. The reply was not quite an echo of the speech. It was more. It was a quiet remonstrance against governmental insinuation. On proceeding to business, the propriety of expelling the judges was again discussed. A motion to expel them was even made, but it was negatived. Some even who were averse to the judges having seats in the Assembly were n6t prepared to go the length of expelUng them from the House. All that was wanted was that, in future, judges should be in- eligible for seats in the Assembly. To this end, a committee was appointed to inquire into the inconvenience resulting from the elections of judges to the Assembly, with orders to report to the House. The committee inquired and reported, and of course, reported unfavourably to the judges. A bill to disqualify the judges was re-introduccd and read a first time. Mr. Hart again appeared at the Bar to take his seat for Three Rivers. He had been re-elected. He was still a Jew, and showed no disposition to recant his error. Nor would the House recant their error. The resolution which had been adopted against Mr. Hart's taking his seat in the previous Parliament was repeated in this. The House of Assembly went still farther. A bill to disqualify all Jews from being eligible to seats in the Assembly, was introduced and read twice. Five weeks had elapsed and the public bu- siness had not begun. The Governor was very much an- noyed. The refractory spirit of the House, as regarded the judges, was most distasteful to him. Suddenly, on the 15th of May, he went down to the Legislative Council, assented to five bills, and summoned the attendance of the Commons, H 128 PARLIAMENT ANORILY DISSOLVED. 1809. " When I met you, said the now irate Sir James, at the com- mencement of the present session, I had no reason to doubt your moderation or your prudence, and I therefore willingly relied upon both. I expected from you a manly sacrifice of all personal animosities. I hoped for a zealous dispatch of your public duty. I looked for earnest endeavours to pro- mote the general harmony. I looked for due and indispen- sable attention to the other In-anchcs of the Legislature. It was your constitutional duty. It was due to the critical juncture of the times. I have been disappointed in every hope on which I relied. You have wasted in frivolous de- bates, or by frivolous contests on matters of form, that time and those talents to which the public have an exclusive title. You have abused your functions. In five weeks, you have only passed five bills. You have been so intemperate in de- bate that moderation and forbearance is scarcely to be looked for without a new Assembly. Gentlemen, Parliament is dissolved. A new Parliament will be convened as soon as convenience will permit. My object in thus acting, is to preserve the true principles of the free and happy constiiution of the Province." He turned with peculiar satisfaction from lec- turing to the Assembly, to ofi:er his acknowledgements to the gentlemen of the Legislative Council, for their unani- mity, zeal, and unremitting attention to the public business, manifested in their proceedings. They were not to blame for the waste of time and for the little that had been done for the public good. The Assembly were surprised. It never entered the head of a single member that Sir James Craig, who, on first meeting a Canadian Parliament, had been so courteous, would have been so abruptly censorious. A prorogation was anticipated, when the Usher of the Black Rod commanded, by order of His Excellency, their presence at the Bar of the Upper House, but the possibility of a dis- solution of Parliament never occurred to any one. The constitution, boasted so much of, was certainly a happy one. The representatives of the people were suddenly sent back to their constituents as unfitted for their business. And for 1809. FRENCH HATRED OF THE BRITISH OFFICIALS. 129 some time, the country, tickled with the bhmtness of the Governor, applauded the act. Had Sir James desired to be absolute, the country, before it had had time to consider, would have assisted His Excellency in a coup d'etat. It was not until the Canadkn had taken the matter up energetically that any of the discarded legislative materials could obtain a hearing from their constituents. After the Canadien had criticised the speech from the throne, and had commented on the Bill of Rights, in allusion to the Governor's measures, with respect to the Assembly, and aa applicable to the exist- ing circumstances of the Province — " Nos insUiutions, noire langue, etnos lois" — public opinion gradually turned round in favor of the Assembly. Sir James Craig's opinion of the Canadians had undergone a very considerable change for the worse. In a despatch to Lord Liverpool, some short time afterwards, on the state of affairs in Canada, which Mr. Ryland was sent^to London with, Sir James speaks of Canada as being a conquered coun- try, a fact never to be put out of view. lie spoke of a colony usually estimated to contain a population of 300,000 souls. Of these, 20,000, or 25,000 only, might have been English or Americans, and the remainder were French. They were in language, religion, in manners, and in attachment, French. They were bound to the English (officials) by no tie, but that of a common government. They looked upon the government of the province with mistrust, jealousy, envy, and hatred. He was certain his opinion of them was well founded. There were very few French Canadians in the country who were not tainted with the sentiments he had imputed to them generally. Common intercourse hard- ly existed between the French and English. The lower class, to strengthen a word of contempt, added the word Anglais to it. The upper classee, who formerly associated with the English upper classes, had entirely withdrawn themselves. The Canadians, generally, were ignorant, cre- dulous, and superstitious. He did not perceive that they had any great vice except one. D-runkeuness was the pre- lao CRAia S OVINION OF THE FRENCH CANADIANS. 1809. vailing vice. "When drunk they were brutal and quarrel- some. Like other people, suddenly freed from a state of extreme subjection, they were apt to be insolent to their superiors. They were totally unwarlike and averse to nrms or military habits, though vain to an exc:sH, and possessing a high opinion of their prowess. They had been so flattered and cajoled about their conduct, in the year 1775, that they really believed they stood as heroes, in history, whereas no people, with the exception of a very few individuals, be- haved worse than they did on that occasion. Now came the teachings of Mr. Secretary Ryland, which that gentleman did not think it prudent to bore Sir James with until he had ascertained how far the incomparable man's sentiments ac- corded with his own. The Superintendent of the Church of Rome in Canada, had been designated Roman Catholic Bishop, by other Governors, which was both dangerous and wrong, in view of the Queen's supremacy. The Bishop did as he pleased, in the appointment of cur6s. His patronage was at least equal to that of the government. The Bishop was cautious not to perform any act that might be construed into an acknowledgement of His Majesty's rights. He would not obey a Proclamation of the King for a fast or thanksgiving, but issued a " mandat" of his own, to the same effect, but without the least allusion to His Majesty's autho- rity. The arms of Great Britain were nowhere put up in the churches. With the cur6s no direct communication with the government existed. The church selected its ecclesias- tics, the Governor knew not why, from the lower orders. The Bishop was the son of a blacksmith. The Coadjutor was brother to a demagogue, the Speaker of the Assembly, an " avocat." The cur^s saw in Buonaparte the restorer of the Catholic religion. The Legislative Council, an object of jealousy to the Lower House, was composed of every- thing that was respectable in the Province. There were about 300,000 French inhabitants to 25,000 English and American, yet there never had exceeded fourteen or fifteen English members in the House of Assembly, while then th lo (« 1809. COMPOSITION OF THE ASSEMBLY. 181 there were only ten, and it was desired to get rid of the judges ! The interests of certainly not an unimportant co- lony, was in the hands of six petty shopkeepers, a black- smith, a miller, and fifteen ignorant peasants, a doctor or apothecary, twelve Canadian " avocats" and notaries, and four people respectable so far as that they did not keep shops, together with the ten Englishmen, who composed the Legislative Assembly. Some of the habitants could neither read nor write. Two members of a preceding Parliament had actually signed the roll by marks, and there were five more whose signatures were scarcely legible, and were such as to show that to be the extent of their writing. Debate was out of the question. A Canadian Parliament did not understand it. The habitant M. P., openly avowed that tho matter, whatever it was, had been explained to him. The "moutons" were crammed at meetings held nightly for the purpose. There was one singular instance, of a habitant, who, in every instance, voted against the prevailing party. But that was the solitary exception to a general rule. Tho Canadians voted en masse, as directed — not by the govern- ment. The government was entirely without influence. The Assembly was the most independent in the world, for the government could not obtain even that influence which might arise from personal intercourse. He could not be ex- pected to associate with blacksmiths, millers, and shopkeep- ers. Even the avocats and notaries he could nowhere meet, except during the actual sitting of Parliament, when he had a day in the week expressly appropriated to receiving a large portion of them at dinner. The leaders in the House were mostly a set of unprincipled avocat" rd notaries, totally un- informed as to the principles of the Lritish constitution, or parliamentary proceedings, which they, nevertheless, pro- fessed to take for their model. Without property to lose, these men had gradually advanced in audacity, in proportion as they had considered the power of France as more firmly established by the successes of Buonaparte in Europe. They were obviously paving the way for a change of dominion. 132 VILIFICATION OF THE "GENS KN PLACE.' 1809. Without one act by which to point out either injury or op- pression, the people of tlio Province liad been taught to look upon Ilia Majesty's government with distrust, and they publicly declared, while avowing sucli distrust, that no offi- cer of the Crown was to be elected into the House. The English in general and their own seigneurs were entirely proscribed. Except in the boroughs or cities these classes had no chance of election. A paper '^n.lled the Canadicn, had been published, and industriously ,alated in the coun- try, for three or four years, to degrade and vilify the officers of government, under the title of gens en j)l(ice ; and to bring the government itself into contempt, by alluding to the Governor as a mimstcre, open to their animadversions. No- thing calculated to misl' ad the people had been omitted in this vile print. The various circumstances that brought about the abdication of James the Second, had been pointed out, with allusions, as applicable to the government here. '* La nation Canadlenne" was their constant theme. Religious prejudices, jealousy, and extreme ignorance, forbade the ex- pectation of any improvement in the embly. Questions before the Houses were always viewf affecting or other- wise some temporal right of their clergy, or having some remote tendency to promote the establishment of the Pro- testant interest. How the Act for the establishment of Public Schools had passed had always been matter of sur- prise to him. There was much jealousy at the progress of the Eastern Townships, which were settled by American loyalists. The country was beginning to look up to the members of the Assembly as the governors of the country. Formerly the cry was — ^^LaCkambre to the devil!" He thought that the only remedy for the state of things which he had described w^as to deprive the province of its constitution, as the provincialists termed their charter. The people were unfitted for liberty. And here are the Governor's reasons for saying that a people were incapable of free institutions. *' That spirit of independence, that total insubordination among them, that freedom of conversation, by which tliey 1809. TIIU MAllTELLO TOWERS. 183 lation tkey coinmunioatc tlicir idoaH of ,iijovornmcnt, uh tliey imbibe tiicm tVoiu their leaders, all which have iiicreaf^od uondor- fully "within these iivo or six years, owe their origin entirely to the House of Assembly and to the intrigues incident to electiojis. They were never thought of before." One really wonders that even a general officer could have ventured upon sending to England such trash, a countiy which had pro- duced a Cliarles Fox, wdio took at the passing of the Separa- tion Act so opposite a view of human nature. Doubtless, the Imhitants are precisely, even at this day, as Sir James re- presented them to be. But it was superlative impudence in a man of plebeian extraction to say that he could not asso- ciate with members of Parliament, who followed the occu- pation of shopkeeping for a living. It surely was enough for Buonaparte to have stigmatized England as a nation of shopkeepers. Sir James might have left it alone, after hav- ing experienced the independent energies of a nation of wooden clock and wo( den nutmeg makers. The '•'• (fens en place" had badly advised him, and he was too blind to see it. Sir James was an Indian Governor with a vengeance. The fortifications of the City of Quebec had been much improved during the summer of 1808, and tlie foundations of the four martello towers, which now stand outside of the fortifications, on the land side, at the distance of nearly a mile, were laid. After the dissohition of the Parliament, about the middle of June, the Governor set out on a tour through the Pro- vince. He was attended by a numerous suite, travelled in great state, and was well received wherever he halted. At Three »Rivers, Montreal, St. Johns, and "William Henry, ad- dresses were presented to him. He was applauded and even thanked for having stretched the royal prerogative so far as to dissolve the House without any sufficient reason. What was gained by the fulsome adulation is not particularly ap- parent, unless it be that the Canad'mi had an opportunity afforded it for not very flattering criticisms. The opportu- nity was not by any means lost. The Canadkn grinned at :^lU:- 1^ ' i n t .. t- * 6 -■ 7 / /■ i.< 134 THE FIIIHT STEAMBOAT ON THE ST. LAWRENCE. 1800. the gens en place, and even ventured to laugh at the royal prerogative himself. But the gens en place were not to he laughed out of countenance by a vile print, which only could appeal to French passions and Romish prejudices. They only waited until His Excellency returned to Quebec, to re- new their congratulations. The citizens of Quebec, on Sir James' return to the Chateau, waited upon him with an ad- dress. They approved of his judicious and firm adminis- tration. Sir James, perfectly elated, expressed, in a parti- cular manner, his satisfaction. It was most gratifying to have received such an address from those whose " situa- tions" aftbrdcd them the more immediate opportunity of judging of the motives by which he might be actuated on particular occasions. In November of this year, the first steamer was seen on the St. Lawrence. At 8 o'clock on the 6th of that month, the steamboat Accommodation arrived at Quebec, with ten passengers from Montreal. She made the passage (180 miles) in sixty-six hours, having been thirty hours at anchor. In twenty hours, after leaving Montreal, she arrived at Three Rivers. The passage money was only eight dollars for the downward trip and nine dollars for the trip upward. iC^either wind nor tide could stop the Accommodation, and the Accommodation was eighty-two feet long on deck. The accommodation aiforded to passengers was not, however, very great. T vventy berths were all that cabin passengers could be accommodated with. Great crowds visited her saloons. The Mercury told its readers that the steamboat received her impulse from an open, double-spoked perpendi- cular wheel, on either side, without any circular band or rim. To the end of each double-spoke, a square board was fixed, which entered the water, and by the rotatory motion, acted like a paddle. The wheels were put and kept in mo- tion by steam, which operated in the vessel. And a mast was to be fixed in her for the purpose of using a sail, when the wind was favourable, which would occasionally accele- rate her headway. After the Accommodation had made 1810. DEATH OF WASHINGTON. 135 jen on nonth, :h ten miles) r. In Three rs for ward, and The |vever, ngers her boat endi- ud or was tion, mo- mast ►vhen jcele- several trips, Upper Canada began to "guess" about the ex- pediency of having " AV^alks-in-the- Water." The Accommo- dation was built by Mr. John Molson, of Montreal, an ex- ceedingly enterprising man of business, and for a number of years, his enterprise secured to him a monopoly of the steam navigation of the lower St. Lawrence. lie died an "honorable," only a few years ago. During 1808, 334 vessels, or according to the Harbour Master's statement, 440 vessels, arrived at Quebec from sea, making up 66,373 tons of shipping, in addition to which, 2,902 tons of shipping were built at the port. The revenue was .£40,608, and the civil expenditure £1,251 sterling. The salaries and contingencies of the Legislature amounted to .£3,077. The salary of the Governor-in-Chief was £4,500 sterling, and that of the Lieutenant-Governor, who had been three years absent in England, Xl,500. On the 28th of No- vember, in this year. Sir Francis Nathaniel Burton, whose brother was Marquis of Cunningham, succeeded Sir Robert Shore Milnes, in the now sinecure office of Lieutenant- Governor, where he remained to enjoy the otium sine digni- tate. A continuance of the peace between His Majesty's gov- ernment and that of the United States was, in the beginning of 1810, considered less probable than ever. After the death of Washington, which occuired on the 4th December, 1799, during the Presidency of Mr. Adams, political excite- ment ran high in the United States. At the expiration of Mr. Adams' term of office, there were, as candidates for the Chief Magistracy of the Union, and for the Vice-Presi- dency : — Mr. Jeffigrson and Mr. Burr, on the one side, and Mr. Adams and Mr. C. D. Pin' kney, on the other. Mr. Adams, elected by the Federalis or Tory party, had given much offence to the Democratic party, by his law against sedition, designed to punish the abuse of speech and of the press. By this law a heavy fine was to be imposed, together with an imprisonment for a term of years, upon such as should combine or conspire together, to "oppose am/ mea- 136 NO LIBERTY OP DISCUSSION IN THE UNITED STATES. 1810. It I j ( 1 * i t > sure of the goverument." !N"o one, on any pretence, under pain of similar punishment, was to write or print, utter or publish, any malicious writing against the government of the United States, or against either House of the Congress, or against the President. In a word, the liberty of discus- sion was annihilated. A more extraordinary law could not possibly have been put upon the Statute Books of a coun- try, where every official, being elective by the people, his conduct, while in office was, in a common sense point of view, open to popular animadversion. As far as producing the effiact contemplated was concerned, the law was alto- gether inefficacious. Tb^ ^eople met and talked together against their President, ti Senate, and the House of Repre- sentatives. l!fay, Mr. Adams lost what he designed to se- cure, his re-election, by it. The -Democrats were furiously opposed to him. While Messrs. Jefferson and Burr got each seventy-three votes, the opposition candidates for President and Vice-President, Messrs. Adams and Pinckney only got, for the former, sixty-five votes, and for the latter, sixty- four. Messrs. Burr and Jefferson having each an equal num- ber of votes, it became the duty of the House of Represen- tatives, voting by States, to decide between these pretenders to the chief power in the State. The constitution provided that the person having the greatest number of votes should be President, and that the person having the next highest number of votes should be Vice-President. For several days the ballot was taken. The Federalists or Tories sup- ported Mr. Burr, and the Democrats Mr. Jefferson. At last the choice fell upon the latter, and Mr. Burr was elected to the Vice-Presidency. It is well to know these circumstances in connection with subsequent events. Mr. Jefferson anni- hilated the minority of the republic. He had as much con- tempt for them as Sir James Craig or Mr. Ryland could have had for the conquered Canadians. He swept them from every office of profit or emolument under the State. When remonstrated with, by the merchants of New Haven, respecting the removal of the Collector of Customs at that 1810. PRESIDENT BURR S CONSPIRACY. 137 I State, [aven, It that port, merely because he was a Federalist or tory, the Presi- dent quietly replied, that time and accident would give the Tories their just share. Had he found a moderate partici- pation ot office in the hands of the Democratic party with whom he acted, hip. removals and substitutions would have been less sweeping. But their total exclusion called for a more prompt corrective. And he would correct the error. When the error was fully corrected then he would only ask himself concerning an applicant for office, these questions : — " Is he honest ?" " Is he capable ?" and " Is he faithful to the Constitution ? The Tories were almost inclined to burn the White House. Ohio was admitted into the Union in 1802 ; in 1804, Colo - nel Burr, the Vice-President of the United States, killed General Hamilton in a duel ; Mr. Jefferson was re-elected President in 1804, and Mr. George Clinton, of Xew York, instead of Burr, now deserv6dly unpopular with all bnt the filibustering classes, Vice-President; in 1805, Michigan be- came a territorial government of the United States ; and in the autumn of 1805 the outcast President Burr was detected at the head of a project for revolutionizing the territory west of the Alleghanies, and of establishing an independent empire there, of which New Orleans was to be the capital, and himself the chief. To the accomplishment of this scheme. Burr brought into play all the skill and cunning of which he was possessed. And it was not a little. He had his design long in contemplation. He pretended to have purchased a large tract of territory, of which he conceded to his adherents considerable slices. He collected together, from all quarters where either he himself, or his agents, pos- sessed influence, the ardent, the restless, and the desperate, persons ready for any enterprise analogous to their charac- ters. He also seduced good and well-meaning citizens, by assurances that he possessed the confidence of the govern- ment, and was acting under its secret patronage. He had an- other project, in case of the failure of the first. He designed to make an attack upon Mexico and to establish an empire 138 MADISON — ER8KINB — AUD JACKSON. 1810. 1810. thef«. He failed. Before his standard was raised, the gov- ernment was made aware of his designs, and ho was brought to trial, at Richmond, on a charge of treason, committed within the district of Virginia. It was not proved, however, that he had been guilty of any overt act, within the State, and he was released. It was probably to find employment for that restless and desperate class of persons, with which the United States even then abounded, that the government of America sought cause of quarrel with Great Britain, as well as to produce that spurious activity among the industrial classes, which is ever the result of warlike preparations. In 1809, Mr. James Madison was elected President of the United States. During Mr. Jefferson's administration, com- mercial intercourse with France and Great Britain had been interdicted. When, however, Mr. Madison was fairly estab- lished in the Presidency, he showed a disposition to renew intercourse, and was seconded in his endeavours by Mr. Erskine, then British Minister at Washington. Mr. Erskine non-officially intimated to the American Secretary of State, that if the President would issue a Proclamation for the renewal of intercourse with Great Britain, that it was pro- bable the proposal would be readily accepted. It was done. Sut the British government refused to rescind the Orders in Gouneil of January and November 1807, so far as the United States were concerned, which would have given th« benefit 6f thfe Coasting trade of France to the Americans, recalled Ml". Ikiskine for having exceeded his instructions, and sent Mr. Jackson to Washington in his stead. A correspondence was immediately after Mr. Jackson's arrival at the American Beat of government, opened with Mr. Madison's Secretary of State, and was as suddenly closed. Mr. Jackson was, as a dij^lomiati^, rather blunt. Repeatedly, he asserted that the American Executive could not but have known from the powers exhibited by Mr. Erskine, that in stipulating, as ho, had done, he had tfanscended those powers, and was, there- ibre, acting without the authority ol his government. The Attiericah Executive deemed such an assertion equivalent to adecl Mr.E deniec rican langua the ho the CO not CO] larly h censur Theg Sir Jan legislat liable t< which c be issue place ir His Ex( the pari expecte( some su two opii the peoj {populi) I were ca were to] the fom at the Bi the confi gracious! Panet ha expresses of the 03 can gov( agreed u cumstanc breach, a 1810. WASHINGTON WPLOMAUY — A N«W PARLIAMENT. 139! a declaration that the American government did know that Mr. Erskine had exceeded his instructions. Mr. Jackson denied that his language could be so interpreted. The Ame- rican Executive at once replied that Mr. Jackson's tone and language could not but be looked upon as reflecting upoi> the honor and integrity of the American government, and the correspondence was closed. The British government, not considering Mr. Jackson's diplomatic eftbrts as particu- larly happy, recalled him. He escaped, however, more direct, censure. These events had just occurred, across the line '45, when Sir James Craig, now more anxious than ever, "to obtain legislative assistance, under circumstances that would not be liable to interruption from the expiration of the period for which one of the branches was chosen, ordered the writs to be issued for a new general election. The elections took place in October, 1809, when, contrary to the expectation of His Excellency, most of the gentlemen who held seats in the parliament which, in the previous May, had been so un- expectedly dissolved, were again returned. There were some substitutions. But those only who halted between two opinions, in fearing the government, while representing the people, were supplanted by men who would echo the vox (j)opuli) et preterea nihily in the Chamber of Deputies. They were called together on the 29th of January, 1810. They were told to elect a Speaker, which they did, by selecting the former Speaker, Mr. Panet. They were told to appear at the Bar of the Upper House. And they did appear in the confusion usual on all similar occasions. The Governor, graciously confirmed their choice of a Speaker, and Mr. Panet having bowed his acknowledgments. His Excellency expressed his concern that, far from an amicable settlement of the existing differences, between the British and Ameri- can governments, as was anticipated from the arrangement agreed upon by His Majesty's Minister at Washington, cir- cumstances had occurred that seemed to have widened the breach, and to have removed that desirable event to a period 140 TUB SPEECH FROM THE THKONE. 1810. scarcely to be foreseen by human sagacity ; the extraordinary cavils made with a succeeding minister ; the eager research to discover an insult whicji defied the detection of " all other penetration ;" the consequent rejection of further commu- nication with that minister, and indeed every step of inter- course, the particulars of which were known by authentic do- cuments, evinced so little of a conciliatory disposition, and so much of a disinclination to meet the honorable advances made by His Majesty's government, while these had ^ been further manifested in such terms, and by such conduct, that the continuance of peace seemed to depend less on the high sounded resentment of America, than on the modera- tion with which His Majesty might be disposed to view the treatment he had met with ; he felt it to be unnecessary to urge preparation for any event that might arise from such a condition of things ; he persuaded himself that in the great points of security and defence one mind would actuate all ; he assured the country of the necessary support of re- gular troops should hostilities ensue, which with the " inte- rior" force of the countiy would be found equal to any at- tack that could be made upon the province ; the militia would not be unmindful of the courage which they had displayed in former days, (when, of course, they behaved worse, with the exception of a few individuals, than any people ever did ! *) the bravery of His Majesty's arms had never been called in question ; he congratulated the legisla- ture on the capture of Martinique, and triumphantly alluded to the battle of Talavera, which had torn from the French that character of invincibility which they had imagined themselves to have possessed in the eyes of the world. He recommended the renewal of those Acts which were de- signed to enable the Executive to discharge its duty against dangers, which could not be remedied by the course of com- mon law ; he drew attention to the numerous forgeries of foreign bank notes, and recommended a penal statute for their suppression ; and he remarked that the question of the * Sir James' lettsr to Lord Liverpool. 1810. THE ADDRESS IN REPLY. 141 expediency of excluding the Judges of the King's Bench from the House of Representatives had been, during the two last sessions, much agitated, and that, although he would not have himself interdicted the judges from being selected by the people to represent them in the Assembly, had the ques- tion ever come before him, he had been ordered by His Ma- jesty to give his assent to any proper bill, concurred in by the two Houses, for rendering the judges ineligible to a seat in the Assembly. The Assembly, very naturally, entertained the opinion that the Imperial government had not approved of the con- duct of Sir James Craig in dissolving the previous Parlia- ment. Indeed, even before taking the speech from the throne into consideration, the Assembly resolved that every attempt of the executive government and of the other branches of the legislature against the House of Assembly, whether in dictating or censuring its proceedings,, or in approving the conduct of one part of its members, and disapproving that of others, was a violation of the statute by which the House was constituted; was a breach of the privileges of the House, which it could not forbear objecting to ; and was a danger- ous attack upon the rights and liberties of His Majesty's subjects in Canada. There were, not ten only, but thirteen members of British origin now in the House of Assembly, and the vote, for the adoption of the resolution, exhibited a wonderful degree of unanimity of opinion with regard to the right of freedom of opinion and the freedom of debate. There were twenty-four affirmative to eleven adverse votes, and, among those who voted with the minority, were some officials of French origin. In reply to the address from the throne, the House expressed its unalterable' attachment to Great Britain, they were grateful and would be faithful to that sovereign and nation which respected their rights and liberties ; it was unnecessary to urge them to prepare for any event that might arise, they would be prepared ; and the militia, not unmindful of the courage which they had, in former days, displayed, would endeavour to emulate that mm 142 TlIK CIVIL LIST. 1810. bravery, natural to His Majesty's arms, which had never been called in question. Nay, the House was exuberant with loyalty. No sooner was the address in reply presented to the Governor than an address, congratulating the King on the happy event of having entered upon the fiftieth year of his reign, was unanimously adopted, and transmitted to the Governor for transmission to England. The expediency of relieving tlie Imperial government of the burthen of pro- viding for the civil list of Canada was next discussed. It was considered that the sooner the payment of its own gov- ernment officers devolved upon the province, the better it would be for all classes itihabiting it. Ultimately, the pro- vince would be required to defray the expenses of its own government, and the sooner it did so the less weighty would the civil list be. The minority were very much opposed to the proposed change. Some, who, twenty-seven years be- fore, were most anxious to present .£20,000 to the King, by a tax on goods, wares, and merchandise, to assist in enabling His Majesty to prosecute the war against France vigorously, now that the province was more than paying her expenses, could not see the necessity of saddling the countiy with a burthen which would make it, as they alleged, necessary to impose duties to the amount of fifty thousand pounds a year. At first, the very ignorant * country people, not knowing that which was going on, became alarmed at the startling information conveyed to them by the majority. They ex- pressed their fears that their friends were betraying them. They were soon pacified. Their members infonned them, or they were informed by the Canadien, that when the House of Assembly had the entire management of the civil list, they would not fail to reduce the sum necessary to keep up the hospitality of Government House, and only, consequently, consideration for the Governor-in-Chief ; nor would they fail to retrench the several pensions, reduce the heavier salaries of the employees, cut off the sinecurists, and, in a variety of I 1 1 T pTr"' * Sir James' letter to Lord I«lverpool, accompamed bj tbe explanatory Mr. Byland. IHIO. CIVIL LIST RESOLUTIONS. 145 It Mr. ways, lessen the public burthens. The habitants were no longer alarmed at the additional taxation of <£aO,000 a year, with which they wore threatened. A series of resolutions passed the Assembly, intimating that the province was able to supply funds for the payment of the civil list. The pro- vince was able to pay all the civil expenses of its government. The House of Assembly ought "this session" to .vote the sums necessary for defraying the expenses of the civil list. The House will vote such necessary sums. And the King, Lords, and Commons of England, were to be informed that the Commons of Canada had taken upon itself the payment of the government of the province and that they were ex- ceedingly grateful to England tor the assistance hitherto af- forded, and for the happy constitution, which had raised the province to a pitch of prosperity so high that it was now able and willing to support itself. Ten gentlemen of Bri- tish extraction voted against these resolutions and only one Canadian. The address to the King, pursuant to the resolu- tions, was carried by a vote of thirteen to three. Many members appear to have been afraid of themselves or rather of the consequences to be apprehended from the offence which the adoption of such resolutions was calculated to give the Imperial advisers of the representative of the King in a colony. N"ay, the Governor-in- Chief did not much re- lish the resolutions. He turned them over in his mind, again and again. There ^vas something more than appeared upon the surface. He disrelished the idea of getting his meat jK>isoned by its passage through Canadian fingers. He was Sure the King, his master, would pay him well, but, as for the Canadians, they might stop the supplies. The Assem- bly waited upon His Excellency with their addresses. They i^qiiested that His Excellency would be pleased to lay them before His Majesty's ministers for presentation. Sir James hesitated. The addresses were so peculiarly novel as to require a eoasiderable degree of reflection. The constitutional usage of Parliament, recognised by the wisdom of the Hou&fe of Commons of the United Kingdom, forbade all 144 THE RESOLUTIONS PREMATURE. 1810. I' I ■> I steps on the part of the people towards grants of money which were not recommended by the Crown, and although by the same parliamentary usage all grants originated in the Lower House, they were ineffectual without the concuiTence of the Upper House. There was no precedent of addresses to the House of Lords, or Commons, separately, by a single branch of the Colonial Legislature. He conceived the ad- dresses to be unprecedented, imperfect in form, and founded upon a resolution of the House of Assembly, which, until sanctioned by the Legislative Council, must be ineffectual, except as a spontaneous offer on the part of the Commons of Canada. The resolutions were premature. He regretted that he could not take it upon himself to transmit these ad- dresses to His Majesty's ministers. In his refusal he was impressed by a sense of duty. But, besides the sense of duty. His Majesty's ministers, unless commanded by His Majesty, were not the regular organs of communication with the House of Commons. Even were he to transmit those addresses, he could not pledge himself for their deliveiy, through that channel. He would have felt himself bound upon ordinary occasions to have declined any addresses similar to those then before him, under similar circum- stances. He would on the present occasion transmit to the King his own testimony of the good disposition, gratitude, and generous intentions of his subjects. He thought it right that His Majesty, "by their own act," should be formally apprised of the ability and of the voluntary pledge and pro- mise of the province to pay the civil expenditure of the province when required. He then engaged to transmit the King's address to His Majesty, with the understanding that no act of his should be considered as compromising the rights of His Majesty, of his Colonial Representative, or of the Legislative Council. He significantly hoped that the House of Assembly might not suppose that he had expressed himself in a way that might carry with it an appearance of checking the manifestation of sentiments under which the House had acted. A committee of seven members were, on 1811. MR. JUSTICL' DU UONNK. 145 the receipt of His Excellency's answer, uppointed to search for the precedents and parliamentary usages alluded to by the Governor-in- Chief, with instructions to report speedily. And, that there might be no excuse, with regard to the improper introduction of a njoney matter, for a refusal to sanction any bill that the Assembly might think proper to pass, a reso- lution was adopted by the Assembly to the cftect that the House had resolved to vote, in the then session, the sums necessary for paying all the civil expenses of the govern- ment of the province, and to beseech that His Excellency would be pleased to order the proper officer to lay before the House an estimate of the said civil expenses. The practice of these avocats, shopkeepers, apothecaries, doctors, and notaries, was tolerably sharp. The House went again to work upon the expediency of appointing a Colonial Agent in England, and introduced a bill with that object, which was read. A bill to render the judges ineligible to sit in the Assembly passed the Assembly ; but the Council amend- ed the bill, by postponing the period at which the ineligibi- lity was to have effect, to the expiration of the parliament then in being, and sent it l)ack to the Assembly for concurrence. Indignant at this amendment, the Assembly adopted a resolution to the eftect that P. A. DeBonne, being- one of the Judges of the King's Bench, could neither sit nor vote in the House, and his seat for Quebec was declared to be vacant. The vote was decisive. There were eighteen votes in favor of the resolution and only six against it, the six being all English names. McCord, Ross, Cuthbert, Gugy, and such like. If the practice of the avocats was sharp, the practice of the Governor was yet sharper. Down came the Governor-in-Chief in two days after the search for precedents had begun in the Assembly, in not the best of humour, to the Legislative Council Chamber. On the 26th of February, the uncontrollable Assembly were summoned before the representative of royalty. He informed the two Houses that he had come to prorogue the legislature, having again determined to appeal to the people by an immediate T 146. AN ANTAOONISM — PARLIAMENT DIBMOLVED. 1811 I ' dissolution. It had been rendered impossible for him to act otherwise. Without the participation of the other branches of tlie Legislature the Assembly had taken upon themselves to vote that a judge could not sit nor vote in their House. It was impossible for him to consider what had been done in any other light than as a direct violation of an Act of the Imperial Parliament. He considered that the House of Assembly had unconstitutionally disfranchised a large portion of His Mtyesty's subjects, and rendered ineli- gible, by an authority they did not possess, another, and not inconsiderable class of the community. By every tie of duty, he was bound to oppose such an assumption. In con- sequence of the expulsion of the member for Quebec, a vacancy in the representation of that county had been de- clared. It would be necessary to issue a writ for a new election, and that writ was to be signed by him. He would not render himself a partaker in the violation of an Act of the Imperial Parliament, and to avoid becoming so he had no other recourse but that which he was pursuing. He felt much satisfaction when the Parliament met, in having taken such steps as he thought most likely to facilitate a measure that seemed to be wished for, and that, in itself, met his concurrence ; but as, in his opinion, the only ineligibility of a judge to sit in Parliament arose from the circumstance of his having to ask the electors for their votes, he could not conceive that there could be any well founded objection to his possession of a seat in the Assembly, when he was elected. He believed that the talents and superior knowledge of the judges, to say nothing of other considerations, made them highly useful. He lamented that a measure, which he consi- dered would have been beneficial to the country, should not have taken effect. But he trusted 'liat i ,, ^jeople, in the dis- appointment of their expect*^ ♦ would do him justice, and acquit him of being the ca aat so littU usiness had been done. Such is human nature, that, on leaving the Council Room, Sir James Crajg was loudly cheered. His mF iliness. 1811. RUMORS OF REBELUON. 147 combined with stupidity, and hi^ real honesty of purpose, had its temporary eftect upon those who admire pluck as much in a Governor as in a game cock. Not only was His Excellency cheered on leaving the Parliament buildings, addresses poured in upon him from all quarters. Quebec, Montreal, Terrebonne, Three Rivers, Sorel, "Warwick, and Orleans, complimented Sir James. A more cunning man would have flattered himself that he had acted rightly. But there was to be a day of retribution. The late members of the late House of Assembly were not idle. Nor was the Ganadien silent. Every means that prudence could dictate, and malevolence suggest, were resorted to, with a view to the re-election of the dismissed representatives. The "friends" of the government suggested that there were plans of insurrection and rebellion. It was insinuated that the French Minister at "Washington, had supplied the sedi- tious in Canada with money. It was even broadly stated that the plenipotentiary's correspondence had been inter- cepted by the agents of the government. And that which was not said is more difficult of conjecture than that which was said. The revenue was this year ^670,356, and the expenditure j£49,847 sterling; 635 vessels, consisting of 138,057 tons, had arrived from sea ; and 26 vessels had been built and cleared at the port. At this time there were five papers in Lower Canada. The Quebec Gazette, the Quebec ' Mercury, Le Canadim, the Mcntreal Gazette, and the Courant. The three former were published in Quebec, the other two in Montreal. The Ga- zettes were organs of the government, the Mercury and Cour rant were " namby-pamby," and the Ganadien was as the voice of le peuple. The elections were, in the month of March, again about to take place, and the government conceived the magnificent idea of carrying a printing office by assault. "When every- thing was prepared, then was the time to act. Headed by a magistrate, a party of soldiers rushed up the stairs leading- 148 SEIZURE OF THE "CANADIEX. 1811. to the Canadien printing office. The proprietor received them with a low bow, and much annoyance was felt that no opposition was ofiered. The premises were searched. Some manuscripts were found, and, " under the sanction of the Executive," the whole press, and the whole papers of every description, were forcibly seized, and conveyed as booty to the vaults of the Court House. In this action one prisoner was made. The printer was seized, and " after examina- tion," was committed to prison. And, as if an insurrection were expected, the guards at the gates were sti'engthened, and patrols sent in every direction. The public looked amazed, as well it might. The Mercury did not know whe- ther most to admire the tyrannical spirit or the consummate Vanity of the Canadians, and of No. 15, of the Canadien^ which contended that the Canadians had rights. As a striking proof of Canadian tyranny, the Canadien would not allow any but the members of the Assembly to be a judge of the expediency of expelling Judge DeBonne ! and it was even said that of all those who signed the address to His Excellency, presented in the name of Quebec, not one was capable of understanding the nature of the question. In a dependence, such as Canada, was the government to be daily flouted, bearded, and treated with the utmost disrespect and contumely ? " He" expected nothing less than that its pa- tience would be exhausted, and energetic measures resorted to, as the only efficient ones. From any part of a people con- quered from wretchedness into everj^ iiidulrjence, and the height of prosperity, such treatment, as the government daily received was far diffisrent from that which ougat to have been expected. But there were characters in the world on whom benefits have no other effijct than to produce insolence and insidi. The stroke was struck, the Mercury would say no more. The greatest misfortune that can ever happen to the press is for it to be in the possession of invisible and licentious hands. It said no more, because "the war was with the dead !" ' Sir James was not verv 6ure that he had acted either 1811. SIR JAMES UPON OBNOXIOUS WRITINGS. 149 nee ay to nd Vil8 lier wisely or well. He thought it necessary to explain. Divers wicked and sed^iiou:^ writings had been printed. Divers wicked and seditious writings had been dispersed through- out the province. Divers writings were calculated to mis- lead divers of His Majesty's subjects. Divers wicked and traitorous persons had endeavoured to bring into contempt and had vilified the administration, and divers persons had invented wicked falsehoods, with the view of alienating the affections of His Majesty's sul>jects from the respect which was due to His Majesty's person. It was impossible for His Majesty's representative longer to disregard or suffer prac- tices so directly tending to subvert His Majesty's govern- ment, and to destroy the happiness of His Majesty's subjects. He, therefore, announced, that with the advice and concur- rence of the Executive Council, and duo information having been given to three of His Majesty's Executive Councillors, warrants, as by law authorised, had been issued, under which, some of the authors, printers, and publishers of the aforesaid traitorous and seditious writings had been appre- hended and secured. Deeply impressed with a desire to promote, in all respects, the welfare and happiness of the most benevolent of sovereigns, whose servant he had been for as long a period as the oldest inhabitant had been his subject, and whose highest displeasure he should incur if the acts of these designing men had produced any effect, he trusted that neither doubts nor jealousies had ci*ept into the public mind. He w^ould recall to the deluded, if there were any, the historj^ of the whole period during which they had been under His Majesty's government. It was for them to recollect the progressive advances they had made in the wealth, happiness, and unbounded liberty which they then enjoyed, "Wliere was the act of oppiession — where was the instance of arbitraiy imprisonment — or where was the vio- lation of property of which they had to complain ? Had there been an instance in which the uncontrolled enjoyment of their religion had boon disturbed ? While other coun- tries and other colonies had been deluged in blood, during 150 A PROCLAMATION. 1811. i " I; I the prevalent war, had they not enjoyed the most perfect seeurity and tranquillity ? What, then, could be the means by which the traitorous would effect their wicked purposes ? "What arguments dare they use ? For what reason was hap- piness to be laid aside and treason embraced ? What persua- sion could induce the loyal to abandon loyalty and become monsters of ingratitude ? The traitorous had said that he desired to embody and make soldiers of twelve thousand of the people, and because the Assembly would not consent, that he had dissolved the Parliament ? It was monstrously untrue, and it was particularly atrocious in being advanced by persons who might have been supposed to have spoken with certainty on the subject. It had been said that he wanted to tax the lands of the country people, that the House would only consent to tax wine, and that for such perverseness he had dissolved the Assembly. Inhabitants of St. Denis ! the Governor General never had the most distant idea of taxing the people at all. The assertion was directly false. When the House offered to pay the civil list, he could not move without the King's instructions. But in despair of producing instances from what he had done, the traitorous had spoken of that which he intended to do. It was boldly said that Sir James Craig intended to oppress the Canadians. Base and daring fabricators of falsehood ! on what part of his life did they found such assertions ? What did the inhabitants of St. Denis know of him or of his in- tentions ? Let Canadians inquire concerning him of the heads of their church. The heads of the church were men of knowledge, honor, and learning, who had had opportu- nities of knowing him, and they ought to be looked to for advice and information. The leaders of faction and the de- magogues of a party associated not with him, and could not know him. Why should he be an oppressor ? Was it to serve the King, the whole tenor of whose life had been honorable and virtuous ? Was it for himself that he should practice oppression ? For what should he be an oppreseor ? Ambition could not prompt him, with a life ebbing slowly 1811. A WARNING. 161 ^ly to a close, under the pressure of a disease acquired in the service of his country. He only looked forward to pass the remaining period of his life in the comfort of retirement, among his friends. He remained in Canada simply in obe- dience to the commands of his King. "What power could he desire ? For what wealth would he be an oppressor ? Those who knew him, knew that he had never regarded wealth, and then, he could not enjoy it. He cared not for the value of the country laid at his feet. He would prefer to power and wealth a single instance of having contributed to the happiness and prosperity of the people whom he had been sent to govern. He warned all to be on their guard against the artful suggestions of wicked and designing men. He begged that all would use their best endeavours to pre- vent the evil effects of incendiary and traitorous doings. And he^ strictly charged and commanded all magistrates, captains of militia, peace officers, and others, of His Ma- jesty's good subjects to bring to punishment such as circu- lated false news, tending, in any manner, to inflame the public mind and to disturb the public peace and tranquillity. Could anything have been more pitiable than such a pro- clamation ? The existence of a conspiracy on the part of some disaffected persons to overthrow the King's govern- ment was made to appear with the view of covering a mis- take. The proclamation was the apology for the illegal sei- zure of a press and types used in the publication of a news- paper, in which nothing seditious or treasonable had in reality been published. It was true that the Canadien up- held the Assembly and criticised the conduct of the Execu- tive, with great severity. It was true that the Canadien com- plained of the tyranny of "^65 Anglais.'* It was true that the Canadien strenuously supported the idea of the expenses of the civil list being defrayed by the province and not by the Imperial government. And it was true that it contended for "wos institutions, notre langue, et nos lois." It did nothing more. No hint was thrown out that Canada would be more prosperous under the American, than under the £ngUsh do- 152 MISaOVE^NMENT OF THE COUNTRY. 1811. 1} minion. It was not even insinuated that Canada should be wholly governed by Canadians. All that was claimed for French Canadians was a fair share in the official spoils of the land they lived in, freedom of speech, and liberty of con. science. Governor Craig asked the inhabitants of St. Denis or any of the other inhabitants of the province to remind him of any one act of oppression or of arbitrary imprison- ment. And at that very moment the printer of the (Jana- dien was in prison. jSTor was he there alone, there were Messrs. Bedard, Blanchet, and Taschereau, members of the recently dissolved House of Assembly, together with Messrs. Pierre Laforce, Pierre Pajpineau, of Chambly, and Francois Corbeille, of Isle Jesus, to keep him company, on charges of treasonable practices, concerning which there was not, and never had been, even the shadow of proof, on charges which the government did not attempt even to prove, and on charges which were withdrawn without the accused having ever been confronted with their accusers. Base and daring fabricators of falsehood! Fran9ois Corbeil, an innocent man, the victim only of unjust suspicions, on the one hand, and of diabolical selfishness, on the other, died in consequence of the injury his health received in that prison where tyranny had placed him. But he could issue no proclamation. His voice was not loud enough in the tomb to reach the Court of St. James, surrounded as that Court was, by an impene- trable phalanx of Downing Street Red-tapists. Canada was only mis-governed because England was deceived, through the instrumentality of Governors, honorable enough as men, but so wanting in administrative capacity, as to be open to the vile flattery and base insinuations of those who were, or rather should have been at once the faithful servants of the Crown and of that people who upheld it, who were virtu- ally taken possession of, on arrival, by the '■^ gens en place^" 4nd held safely in custody, until their nominal power had ceased. And when power had passed away, then only did many of them perceive, as Sir James Craig is reported to have done, the deception, the ingratitude, and the almost 11 th 1811. AN APOLOGY FOR MISGOVERNMENT. ir>3 sn. ;u- •5 to mi inhumanity of man. There is some excuse to bo offered for the extraordinary course of policy pursued by iSir Janierf Craig ; and an apology even can be made for the crooked policy of those voluntary advisers who had hedged him in. Great Britain was at war with France. The name of a Frenchman was unmusical in the ears of any Englishman of that period, and it sounded harshly in the ears of the British soldier. It was France that had prostituted liberty to lu.st. It was France that had dragged public opinion to the scaf- fold and the guillotine. It was France that held the axe up- lifted over all that was good and holy. It was France that was making all Europe a charnel-house. It was General Buonaparte of France, who only sought to subdue England, the more easily to conquer the world. Many an English hearth had cursed his name. Manv a widow had he made desolate, and many an orphan fatherless, l^he '' conquered subjects" of King George spoke and thought in French. They held French traditions in veneration. There could only be a jealousy, a hatred, a contempt entertained of everything seeming to be French, in the heart of an English- man. And these sentiments were doubtless reciprocated. But, still the French of Canada, were oidy, now, French b}'^ extraction. They had long lost that love of the land of their origin, which belongs to nativity. Few men in the province had been born in France. Few Canadians knew anything about the new regime, or took any interest in the " Code NapolSon.'" And few even cherished flattering recollections of Bourbon rule. The Canadians wanted English liberty, not French republicanism. The Canadians wanted to have for themselves so much liberty as a Scotchman might enjoy at John o' Groats, or an Englishman obtain at Land's-End. And for so desiring liberty they were misrepresented, be- cause of English colonial prejudices, and because of oflficial dislikes and selfishness. When the first Attorney-General of Canada, Mr. Mazzeres, afterwards Cursitor Baron Qf the Exchequer, in England, of whom Mr. Ryland was but a pious follower, proposed to convert the Canadians to Angli- 154 THE RED-TAPIST AND TUB CO&ONIST. 1811. cism in religion, in manners, and in law, assuredly little op- position could have been made to the scheme. Then, the pursuance of Cardinal Kichelieu's policy would, in after ages, have ei^empliiied that the pen had been mightier than the sword. Then the the whole population of the province could have been housed in one of the larger cities of the present time. But when the province had increased in num- bers to 300,000, partially schooled in English legislation, the exercise of despotism was only as impolitic as it was obvi- ously unjust. It was feared by the officers of the civil gov- ernment of Canada, when this despotism was practised, that the legislature might have the power, which has since been conceded, of dispensing with the services of merely impe- rial officers, and of filling, with natives to the manor born, every office of profit or emolument in the province. It was feared if the exclusive power were granted to the Colonial Legislature of appropriating all the sums necessary for the civil expenditure of the province, that it would give the Le- gislature absolute control over the officers of the empire and of the colony, and annihilate, if not actually, potentially, the imperium of Great Britain over her colony. A distinction was drawn between the privileges of a colonist and of the resident of the United Kingdom. While every municipality in the latter was permitted to pay and control its own officers, the voice of a colonist was to be unheard in the councils of the nation to which he was attached, and he was to have no control over the actions of those who were to make or admi- nister the laws, under which he lived. He was patiently to submit to the overbearing assumptions of some plebeian Viceroy, accidentally raised to a quasi-level with the great potentates of the earth, and inclined to ride with his tempo- rary and borrowed power, after that great impersonage of evil, which, it is alleged, the beggar always attempts to over take when, having thrown off his rags and poverty, he hag been mounted on horseback. It is admitted that at this time the province was controlled by a few rapacious, over- bearing, and irresponsible officials, without stake or other 1811. ARROGANCE OF THE OFFICIALS. 155 lag is er- er connection with the country, than their offices,* having no sympathy with the mass of the inhabitants. It is admitted that these officials lorded it over the people, upon whose substance they existed, and that they were not confided in, but hated. T^ is admitted that their influence with the Eng- lish inhabitants arose from the command of the treasury. And it is admitted that, though only the servants of the government, they acted as if they had been princes among the natives and inhabitants of the province, upon whom they attected to look down, estranging them from all direct intercourse, or intimacy, with the Governor, whose confi- dence, no less than the control of the treasury, it was their policy to monopolise. To the candidates for vice-regal fla- vors, their smiles were fortune, and their frowns were fate. The Governor was a hostage in the keeping of the bureau- cracy, and the people were but serfs. Nothing has been left on record^to show that when Sir James Craig issued his absurd proclamation, treason was to have been feared, unless it be that the clergy were required to read the proclamation from the pulpits of the parish churches, that Chief Justice Sewell read it from the Bench, that the Grand Jury drew up an address to the Court and strongly animadverted upon the dangerous productions of the Canadienf and that the Quebec Mercury expressed its ab- horrence of sedition, and chronicled the fact that 671 hxihi- tants had expressed their gratitude to the Governor, for his " truly paternal proclamation." In the April term of the Court of King's Bench, the re- lease of Mr. Bedard from gaol, was attempted, by an attempt to obtain a writ of Habeas Corpiis. But the Bench was not sufficiently independent of the Crown. The writ was re- fused. The State prisoners were compelled to remain in prison, indulging the hope that whatever charges could be preferred against them would be reduced to writing, and a trial be obtained. It was hoping against hope. Some of the imprisoned fell sick, among whom was the printer of the * Christie's History of Lower Canada, vol. J , page 347. 156 THE CRAIO ROAD COMPLETED. 1811. •* Omadicn, and all in the gaol of Quebec, with the exception of Mr. Bedard, were turned out of prison. Mr. Bodard re- fused to be set at liberty without having bad the opportunity of vindicating his reputation by the verdict of a jury. Conscious of the integrity of his conduct, and ^' the legality of his expressed political opinions, he solicited trial, but the September session of the Criminal Term of the King's Bencb was suffered to elapse without any attention having been paid to him. Three of the prisoners were imprisoned in the gaol of Montreal, and were not only subjected to the inconveniences and discomforts of a damp and unhealthy prison, but to the petty persecutions of a relentless gaoler. They were one after the other enlarged without trial, Mr. Corbeil only to die. In the course of the summer the government bad been occupied with the regulation and establishment of a system of police, in Montreal and Quebec, and, with that view, salaried chairmen were appointed to preside over the Courts of Quarter Sessions. The government also determined upon opening up a road to the Eastern Townships, which would aiford a direct land communication between Quebec and Boston. Commencing at St. Giles, on the south sliore of the St. Lawrence, that road to the township of Shipton, which- still bears the name of Governor Craig, was completed by a detachment of troops. On the 10th of December, Parliament again met. The House of Assembly re-elected Mr. Panet to the Speakership, and the Governor approved of his election. In his speech from the throne, Governor Craig had never doubted the loy- alty and zeal of the parliaments which had met since he had assumed the administration of affairs. He was confident that they were animated by the best intentions to promote the interests of the King's government and the welfare of the people. He looked for such a disposition in the tenor of their deliberations. He called their attention to the tem- porary Act for the better preservation of His Majesty's government, and for establishing regulations respecting a ii li H 1811. MKETINU OF V NEW I'ARLIAMKNT. 157 oy- lad ent lote e of snor em- ty's ;ing aliens or ccrtuin subjects of His Majesty, who had resided iu France. No change had taken place in the state of pub- lic affairs, that would warrant a departure from those pre- cautions which made the Act necessary. He did not mean that it should be supposed that he meant to divide the inte- rests of His Majesty's government from the interests of the public, for they were inseparable. But the presei'vation of His Majesty's government was the safety of the province, and its security was the only safeguard to the public tran- quillity. He therefore recommended those considerations together with the Act making temporary provision for the regulation of trade between Canada and the United States to their tirst and immediate consideration. He entreated them to believe that he should have great satisfaction in cultivating that harmony and good understanding which must be so conducive to the prosperity and happiness of the colony, and that he should most readily and cheerfully con- cur, in every measure, which they might projtose, tending to promote those important objects. And he further intimated that the rule of his conduct was to discharge his duty to his sovereign, by a constant attention to the welfare of his sub- jects, who were committed to his charge, and these objects he felt to be promoted by a strict adherence to the laws and principles of the constitution, and by maintaining in their just balance the rights and privileges of every branch of the legislature. Sir James Craig's attempts at maintaining a balance of power were the chief causes of all his blunder- ing. He did not himself know the proper balance of power between himself and the governed. He could not possibly perceive when his balance-beam was out of its centre, and if he had seen a slight leaning to one side, and that side not his own, he could not liave conceived that the scales of jus- tice would have been very much affected. It never occurred to him that the displacement of it, only to the extent of one-sixteenth half of an inch, on the side of Government and Council, would weigh a quarter of a century against the Assembly, the people and progress. But so it was. The 158 MR. UEDARD, M. P., IN PllISOX. 1811. beam with which Sir James Craig would have and did weigli out justice, was one-sided, and, to make matters still worse, the Governor threw into the adverse scale a host of his own prejudices, and of the prejudices of his secret councillors. He would have been glad, had the House expelled Mr. Be- dard, one of its members, on the plea that it was prejudicial to its dignity that a representative of the people should be kept in durance, while the House was in session, and still more discreditable that that member should be charged with treason. Hardly had he delivered his speech, and the As- sembly returned to their chamber, when the Governor sent a message to the House intimating that Mr. Bedard, who had been returned to Parliament, as the representative of Surrey, was detained in the common gaol of Quebec, under the "Preservation Act," charged with treasonable practices. The House most politely thanked the Governor-in-Chief for the information. The House resolved that Mr. Bedard was in the common gaol of Quebec. The House resolved that Pierre Bedard was, on the 27th day of March, returned to Parliament, as one of the Knights Representative of Surrey. The House resolved that Pierre Bedard, was then one of the members of the Assembly, for the existing Parliament. The House resolved that the simple arrest of any one of His Majesty's subjects did not render him incapable of elec- tion to the Assembly. The House resolved that the Gov- ernment Preserves Act, guaranteed to the said Pierre Be- dard, Esquire, the right of sitting in the Assembly. And the House resolved to present a humble address to His Ex- cellency, informing him that his message had been seriously considered, that several resolutions had been passed, which they conceived it to be their duty to submit to His Excel- lency, and that it was the wish of the House that Pierre Bedard, Esquire, Knight Representative for the County of Surrey, might take his seat in the House. The vote in favor of the resolutions was expressively large. There were twenty-five members present, and twenty voted for the resolutions. Messrs. Bourdages, Papineau, senior, Bellet, 1811. WHY MR. DEDARD WAS NOT LIBERATED. 159 ^vor kere the bet. Papineau, junior, Debartch, Viger, Lee, and Binineau, were named a committee to present an address to the Governor, founded on the resolutions, but they managed to escape that honor. "When it was moved to resolve that an enquiry be made as to the causes whicli had prevented the messengers from presenting the address, as ordered by the House, Mr. Papineau, senior, moved that nothing more should be said about the address, and the motion was carried. Nor was anything more said about the unfortunate gentleman who was imprisoned, as the Governor himself afterwards stated, only as a measure of precaution, not of punishment, until the close of the session, when he was released. He was kept in Ham because he might have done mischief, on the principle that prevention is better than cure, and, when Mr. Bedard desired to know what was expected of him, the Gov- ernor sent for his brother, the cure, and authorized him to tell Mr. Bedard that he had been confined by government, " only looking to its securitj'- and the public tranquillity," and that when Mr. Bedard expressed a sense of that error, of which he was ignorant, he would be immediately enlarged, Mr. Bedard replied courteously, but declined admitting any error, which he had not made, or of confessing to any crime of which he was not guilty. The Governor had heard of the resolutions of the House, and expected the presentation of the address embodying them, when he received an appli- cation from the elder Papineau, one of the committee, re- questing a private conference on the subject of the resolu- tions. That conference only drew from His Excellency the remark that : — " No consideration. Sir, shall induce me to consent to the liberation of Mr. Bedard, at the instance of the House of Assembly, either as a matter of right, or as a favor, nor will I now consent to his being enlarged on any terms during the sitting of the present session, and I will not hesitate to inform you of the motives by which I have been induced to come to this resolution. I know that the general language of th« members, has encouraged the idea which univereally prevails, that the House of Assembly will 160 DISQUALIFICATION OF TIIE JUbOK.S. 1«U. relourte Mr. Uodurd; an ulua ho Hnulv establiHhcd tlmt thero is not a doubt eiitertainod upon it in tlie province. The time is therefore come, wlicn I fool tlmt the Hocurity as well as the dignity of the Kiui^'s ,i>-ovornment, imperiously require that the people hIiouM bo made to uudorritand the true limits of the rights of tlio respective parts of the govornmont, and that it is not that of the House of Assembly to rule the country." vVnd Mr. Bodard, sonsilde of luiving done no wrong, remained in gaol uutil tlio I'arliament was prorogued, as an exami)le to the people that there was no public opinion worth hooding, in the i)rovincc, and that the power of the Governor was somothiug superior to that of the Assembly. The Assembly wont to work after having nnido the fruitless attempt to liberate Mr. IJodard, and passed as many bills as were required. The "gaols" bill was temporarily conti- nued : the repairs of the Castle of St. Lewis having cost X14,980, instead of .£7,000, as contomplated, the addi- tional outlay was voted ; c£oO,000 were voted towards the erection of suitable parliament l)uildings. The Alien Act and that for the Preservation of the Government were con- tinued, together with the Militia Act, to March 1813 ; the bill to disqualify judges from being elected to the Assembly passed both Houses, and to these the Governor assented, proroguing the Parliament afterwards with great pleasnre. Communication with Europe had been difficult during the winter, on account of the impediments thrown in the way of American commerce. The Princess Charlotte had died, and the sovereign himself had become alarmingly indis- posed. A now Act of non-intercourse had been passed in the American Congress. lie had seen among the Acts passed, and to which lie had just declared His Majesty's as- sent, with peculiar satisfaction, the Act disqualifying the judges from holding a seat in the House of Assembly. It was not only that he thought the measure right in itself, but that he considered the passing of an Act for the pui'pose, as a complete renunciation of the erroneous j^rinciple, the acting upon which put him under the necessity of dissolving the 1811. UEPARTURK OF dlh JAMKS CRAlU. 1«1 t'the ubly. itlesH Us as ;oiiti- cost addi- [a the I Act con- the ubly ited, isiire. the way led, idis- diu cts s as- the It but , as |ting the last parliainout. The country was becoming luxuriantly rich, and he hoped that all would be harmony and tolerance. He would be a proud man who could say to his sovereign that he Ibuiul the Canadians divided and left them united. On the I'Jth of June, 1811, Lieut. -General iSir James Craig embarkcMl for lOngland, in 11. M. S. AnwUd. Previous to his departure he received addresses from C^Licbec, Muntrefll, Three Rivers, ^\'ar^viek, and Terrebonne, and when he was about to leave the Chateau St. Louis, the British population, who adnured the old General more perhaps than they did the constitutioiuil i-uler, exhibited considerable feeling. The multitude took the place of His Excellency's carriage horses and popularly carrietl away, to the (Queen's wharf. His Ma- jesty's representative. Nay, the old soldier, who really had a heart, almost wept as he bade farewell to men, some of whom he had first met with in the battle iield, and had since known for nearly half a century. Sir James too was ill. It was not indeed expected that he would have lived long enough to reach England. His dropsy was becoming not only troublesome but dangerous. "'^ Sir James was succeeded in the administration of the gov- ernment of Canada by Mr. Dunn. The Canadians had, during the admiiustration of Gov- ernor Craig, earnestly pursued Junius' advice to the English nation. They had never, under the most trying circum- stances, suffered any invasion of their political constitution to pass by, witliout a determined and persevering resistance. They practically exhibited their belief in the doctrine that, one precedent creates another ; that precedents soon accu- mulate and constitute law ; that what was yesterday fact- becomes to-day doctrine ; that examples are supposed to jus- tify the most dangerous measures, and that where they do not suit exactly, the defect is supplied by analogy. They felt confident that the laws which were to protect their civil rights were to grow out of their constitution, and that with * Sir James did reach England, but died short ly afterwards. He expired in January 1812, ag'od 62. 16J MR. PEKL ON CANADIAN AFFAIR!?. 1811. it the country was to fall or flourish. They believed in the right of the people to choose their own representativea. They were sensibly impressed with the idea that the liberty of the press is the palladium of the civil, political, and reli- gious rights of a British subject, and that the right of juries to return a general verdict, in all eases whatsoever, is an es- sential part of the British constitution, not to be controlled, or limited, by the judges, nor in any shape to be questiona- ble by the legislature. And they believed that the power of the King, Lords, and Commons, was not an arbitrary power, but one which they themselves could regulate. In a word, they believed that, whatever form of government might be necessary for the maintenance of order, and for putting all men on an equality in the eye of the law, the people them- selves were the source of all power, and they acted accord- ingly. Mr. Peel, (afterwards Sir Eobert Peel,) Under Secretary of State, condemned the conduct of Sir James Craig, as Governor of Canada. Mr. Ryland, himself, informed Sir James, by letter, from London, whither he had been sent with despatches, that when he observed to Mr. Peel that Sir James Craig had all the English inhabitants with him, and, consequently, all the commercial interest of the countrj^ Mr. Peel remarked that the Canadians were much more nu- merous, and he repeated the same remark more than once, in a way that indicated a fear of doing anything that might clash with the prejudices of the more numerous part of the community. And when Mr. Ryland ventured to suggest that the decided approbation of the Governor's conduct could not fail to have a desirable effect on the minds of the Canadians, and that the best way of expressing such appro- bation, was by suspending the constitution, as Sir James Craig had recommended, Mr. Peel thought that a reunion of the provinces would be better than a suspension of the constitution of Lower Canada. Lord Liverpool thought that it was not very necessary to imprison the editors of the Ca- nadien. He quietly asked if they could not have been 1811. MR. PKEL. — SIR VICARY GIBBS. 163 an )pro- imes Inion the I that Ca- brought over to the government ? Mr. Ryland said that it was not possible, that Mr. Bedard's motive for opposing the government, was possibly to obtain office, but he had acted in such a way as to make that impossible. At dinner with the Earl of Liverpool, at Coombe Wood, Mr. Ryland seems to have had a combing from Mr. Peel. He writes to Sir James Craig that, in a conversation with Mi\ Peel, before dinner, concerning the state of things in Canada, he was mortiiied to tind that he Inid bi^ an imperfect idea of the subject. IIo expressed himself as though he had thought that Sir James Craig had dissolved the House of Assembly on account of : !;eir having passed a bill for excluding the judges. He endeavored to give Mr. Peel a clear and correct conception of these matters, but God knew with what suc- cess ! He recollected Governor Craig's advice, and kept his temper, but it Avas really very provoking to see men of fine endowments and excellent natural understanding, too inat- tentive to make themselves masters of a very important subject, which had been placed before them, in an intelligi- ble manner. "VVlien Mr. Peel asked him if the English members of the House were always with the government, Mr. Ryland said that in every case of importance, with the exception of Mr. James Stuart, formerly Solicitor-General, the English members always supported the views of the government. And, indeed, the Attorney-General of Eng- land, Sir Vicary Gibbs, reported against the despotic in- tentions of Sir James Craig, and, at the suggestion of his secretary, further expressed his ofiicial opinion that the paper published in the Omadien, and upon which the pro- ceedings of the Executive Council of Canada had been founded, was not such as to fix upon the publishers, the charge of treasonable practices, and that it was only the ap- prehensions that had been in Canada entertained, of the ef- fects of the publication of the paper in the Canadien, that might have made it excusable to resort to means, not strictly justifiable in law, for suppressing anticipated mischief. The truth was simply that a stupid old man, filled with the most 164 LEaiSLATION IN UPPER CANADA. 1811. 11 ' violent prejudices, against change of any sort, had been sent to govern a new and rapidly rising country, and knew not how success was to be obtained. His mind was full of con- spiracies, rebellions, and revolutions, and nothing else. When he retired to rest, and had drawn the curtains of his bed, there sat upon him, night after night, three horrible spectres : — the Rebellion in Ireland, the Reign of Terror in France, and the American revolution. He slept only to dream of foul conspiracies, and he was dreaming how they best could be avoided, when in broad daylight he was most awake. Upper Canada had not yet become sufliciently populous to require much legislation. Indeed, the legislature of that province hardly transacted any business more important than now devolves upon some insignificant county muni- cipality. There was as yet no party. There were as yet no grievances. Parliament was annually assembled by Gov- erner Gore, rather because it was a rule to which he was bound to attend, than because it was required He met his parliament again, on the 1st of February, 1811, and business having been rapidly transacted, the royal assent was given to nine Acts, relative to the erection and repair of roads and bridges, to the licensing of petty chapmen, to the payment of parliamentary contingencies, to the regulation of duties, to the further regulation of the proceedings of sheriffs, in the sale of goods and chattels, taken bj- them in execution, to assessments, to bills of exchange, and to the raising and training of the militia. On the 30th of Septembei', in the same year, Lieutenant- Governor Francis Gore resigned the government into the hands of Major-General, Sir Isaac Brocke, and returned to England, Mr. Dunn, having, on the 14th of the same month, been relieved of the governmeni of Lower Canada, by Lieutenant-General Sir George Pi'evost, Baronet, the Lieutenant-Governor of !N'ova Scotia, and now appointed Governor General of British I^orth America, in considera- tion as well of bis adniinistrative ability, a.s of hk distin- 1811. BROCKE — PREV08T — THE "LfTTLK BELT. 165 mt- Ithe to ime \dix, the ted ira- in- gaislied reputation as an officer in the army. No sooner had Sir Geonre arrived at Quebec, than he set out on a tour of militarv observ^atioii. War was now more than ever immi- nent. Another difficulty had occurred at sea. A British sloop of war, the Ijittle Belt, had been fired into by the American frigate, President, and, in the rencontre which fol- lowed, had suffered greatly in her men and rigging. The British Orders in Council had not been rescinded, American commerce was crippled, the revenue w;is falling off, and there was that general quarrckomencss of spirit which, sooner or later, must be satisfied, pervading the middle Slates of the American Union. Congress was asscixibled by proclama- tion, on the oth of Xovember, and the President of the United States indicated future events by a shadow in his opening " Message." Mr. Madison found tliat he must " add" that the period had arrived which claimed from the legislative guardians of the national rights, a system of more ample provision for maintaining them. There was full evi- dence of the hostile inflexibility of Great Britain. She had trampled on rights, which no independent nation could re- linquish, and Congress would feel the duty of putting the United f .fates into an armour and an attitude, demanded by the crisis, and corresponding with the national spirit and expectation. Congress did as they were recommended to do. Bills were passed having reference to probable hostili- ties, one of which authorized the President to raise, with as little delay as possible, twenty-five thousand men. In Canada every man held his breath for a time. 166 HR GEORGE PREVOST. 1812. CHAPTER III. General Prevost was the very opposite of Sir James Craig. While the latter considered force the only practical persua- sive, the former looked upon persuasion as more practicable than force. He was determined to bo conciliatory, to throw aside unjust suspicions, to listen to no tales from interested parties, to redress such grievances as existed, and to cretite no new causes of discontent if he could avoid it. He was made acquainted with all the steps that Lad been taken by his predecessor, and he entered on thfe administration of the government of Lower Canada, with a determination to pur- ,sue a very opposite policy. A few Aveeks after his assump- tion of office he remodelled, or rather recommended to the Imperial ministry, the expediency of remodelling the Exe- cutive Council. He caused seven new members to be added to it, and he further oflended the officers of the principalities or departments, by preferring to places of trust and emolu- ment, some of the demagogues persecuted by Sir James Craig. Sir George Prevost met the parliament on the 21st of February, 1812. He congratulated the country on the brilliant achievements of Wellington, in the deliverance of I*ortugal and the rescue of Spain from France. Notwith- standing the changes, so astonishing, which marked the age, the inhabitants of Canada had witnessed but as remote spectators the awful scenes which had desolated Europe. 1812. OPENING OP FAIILIAMENT. 167 AVhile Britain, built by nature against the contagious breath of war, had had her pohtical existence involved in the fate of neighboring nations, Canada had hitherto viewed without alarm a distant storm. The storm Avas now approaching her. The muttorings of the thunder were already within hearing. All was gloomy, still, and lurid. It was necessary to be vi- gilant. To preserve the province from the dangers of inva- sion it would be necessaiy to renew those Acts which expe- rience had proved essential for the preservation of His Ma- jesty's government, and to hold the militia in readiness to repel aggression. The renewal of the " Preservation Acts," was not that wdiieh the Assembly very much desired. They had had enough of such "Preservation" of government Acts already. Tliey would much rather have been pre- served from them than be preserved with them. On the principle of self preservation, the Assembly would rather be excused from continuing anj such Act as that which had been so abused as to have afforded a licence for the impri- sonment of three members of the Assembl}', on vague charges, which the ingenuity of the publi'- prosecutor could not reduce to particulars. Had it not been from a convic- tion of the goodness of the new Governor, the Assembly would not have renewed any such Act. Sir George regretted that the Parliament had thought it uecesary to revert to any of the proceedings of his predecessor, under one of the "Preservation Acts," and he earnestly advised the gentle- men of the House of Assembly to evince their zeal for the public good, by confining their attention solely to the pre- sent situation of affairs. But the House thought it due to the good character of His Majesty's subjects that some mea- sure should be adopted by the House, with the view of ac- quainting His Majesty of the events which had taken place under the administration of Sir James Craig, its late Governor, together with the causes which such events had originated, so that His Majesty might take such steps as would prevent the recurrence of a similar administration, an admmistration which tended to misrepresent the good 168 EMBODIMENT OF THE MILITIA. 1812. and faithful people of the province, and to deprive them of the confidence and affection of His Majesty, and from feel- ing the good effects of his government, in the ample man- ner provided for by law. i^aj, this was not all. It was moved that an enquiry be made into the state of the pro- vince, under the administration of Sir James Craig, and into the causes that gave rise to it, and the resolution was car- rried, two members only voting against it. A committee was appointed, but no report was made. The bill for the better preservation of His Majesty's government, and the Alien bill were both lost, not hy ill intention, but by awk- ward management. But the loss of these bills was amply compensated by the militia bill, authorizing the Governor to embody two thousand young, unmarried men, for three months in the year, who, in ease of invasion, were to be re- tained in service for a whole year, when one-half of the em- bodied would be relieved hx fresh 'drafts. In the event of imminent danger, he was empowered to embody the whole militia force of the countrv, but no militiaman was to be enlisted into the regular forces. For drilling, training, and other purposes of the militia service, d£12,000 were voted, and a further sum of ^£30,000 was placed at the disposal of the Governor-in- Chief, to be used in the event of a war arising between Great Britain and the United States. Sir George Prevost prorogued Parliament on the 19th of May, well satisfied with the proofs which had been exhibited to him, of the loyalty of the parliament and people of a country so very shortly before represented to be ti'easonable, seditious, disaffected, and thoroughly imbued with hatred to- wards Great Britain, lie shortly afterwards re-instated, in their respective ranks in the militia, such officers as had been set aside by Sir James Craig, without just cause, and indeed spared no exertion to make the people his friends, welljudging that the offi(?e, or place men would, of necessity be so. On the 28th of May, he le%'ied and organised four battalions of embodied militia ; and a I'egiment of voltigeurs was raised, the latter being placed under the command of 1812. DECLARATION OF WAR BY THE IMTliD tiTATfc:;3. 169 Major Do Salaberrv, a Frencli-Caiuulian, who had scn'ed in the 60th regiment of toot. There was need for this embodiment of troops. Already, dating from the 3rd of April, the American Congress had passed an Act haying an embargo for ninety days on all ves- sels witldn the jurisdiction of the United States. The Pre- sident, !Mr. Jefferson, had recommended the end)argo. He liad long intended to gratify the lower appetites of the worst class of the American people, who were now more nume- rous than that respcctal)lo class of re])ubUcans of which that great man, Washington, was himself the type. The measure was preparatory to a war with Great Britain. And war was very soon afterwards declared. On the 4tli of June, a bill declarino' that war existed between Great Britain and the United States passed the House of lieprescntatives by a majo- rity of seventy-nine to forty-nine. The bill "was taken to the Senate, and there it passed only by tliQ narrow majority of six. The vote was nineteen voices in the ailii'mative and thirteen in the negative. Mr. Jefferson assented to the bill on the 18th of June. The grounds of war were setfoi'th in a message of the President to Congress, on the 1st of June. The impressment of American seamen by British naval offi- cers ; the blockade of the ports of the enemies of Great Britain, supported b}" no a(le(piate force, in consequence of which American commerce had been i)lundered in every sea, and the great staples of the country cut oif from their legi- timate markets ; and on account of the British Orders in Council. The Coiiimittee on Foreign relations believed that the freeborn sons of America w^ere worthy to enjoy the liberty which vheir fathers had ])urcliased at the price of much blood and treasure. They saw by the measures adopt- ed by Great BritaMi, a course commenced and persisted in, which might lead to a loss of national character and inde- pendence, and they felt no hesitation in advising resistance by force, in which the Americans of that day would prove to the enemy and tlie w^orld. that they had Jiot only inherited that liberty which their fathers had given them, but had also 170 TUli lllJXKY I' LOT. 1812. I' . I I the will and the power to muintain It. They relied on the patriotism of the nation, and confidently trusted that the Lord of Hosts would ^ <^ \# '4^ K<^ h % ^ 174 THE FEELING IN CANADA. 1812. The doc'luralioii of war l»y the ruited States was only known in Qiicboo on the -,4th of Jnne. A notitication was ininiediatolv ->- sontod to tlie cireidation of iiny hills, niid uranlid fiftcon thousand pounds uninudlv for fivo vcnrs, to \K\y tlw intei-ost that would nccruo iijion llu'Ui. P.ills to llm vidiic of iwo hundred and liftv tlious:ind wi'iv authorised to be put in cir- culation ; thev were to bo received in t!i(> jcivnieiit of du- ties; tlioy were to be a le'i;al tcMidor in l!ie niiirket ; and they were to be rcdooniod at tlu* army bill oHirc, in n\\y way, whether in cash or bills, the Governor-in-(1iief niiulit si^•nif\•. Nothinir could have boon more satisfacloi-v to Sir (iooru'o Prevost. Ife jiroroo-uod the Tarlianiont on the Isiof Au- gust, with every expression of satisfaction. And well ho might be satisfied. The men who were, acoording to the representations of liis predecessor, not at all to be depended upon, in a ease of emergency, had most readily, liberally, and loyally, met the demands of the public service. The men who feared martial law, and could not tolerate tlie withholding of the Habeas Corpus, came forwjird nobly to defend from outward attack the dominions of their king. The whole province was bursting with warlike zeal. A military epidemic seized old and young, carrying oft' the latter in extraordinary numbers. Montreal, (iuebee, an lia«l alroady joiiiod tlic depot of tlie enibo- ilied luililia at Laiirairie. Ae<'onliiH''Iv, on tlio tollowinff day, some tliiVL- or four liuiidred persons assenddcd at La- cljine. Tliey luid not as.seniblod to pass a series of resolu- tions censurinir the i^^uvernnient for illcii'ally and watitonly (tarrviny oW some of the best men of the Parish of Pointe Chiirr, nor did they Oxpress any o]iinion favorable to Mr. Madison and the Amerieans, but they had assembled to obtain, by foivi-, the liberty of thi;ir friends about to be sub- jected to military diseipline. it srcnu'd to have been a mis- understandiiiir, however. Tlu' infuriated ])arishioners of Pointe Claire, who woidd not be comforted, on being ap- pealed to, to go to their homes, fre([uently raised the cry of "Vive le Roi." It might be supposed tliat the 8te. Clairo people meant to wish a long and happy reign to lli.s Impe- rial Majesty Xai>oleon, as Mr. liyland .shrewdly suspected. But that 8np[)Osition was not entertain[d>le for any consi- derable length of time, inasmuch as the people without any prompting intimated that they had been informed that the militia law had not been i)ut into force, but that if the Gov- ernor should call for their services they were ready to obey him. The magistrates assured the ]ieople that the militia law was really to be enforced, and advised them to disperse. They refused to budge. Two pieces of artillery and a com- pany of the 41>th regiment, which had been sent for, to Montreal, now appeared at Lachino. Still the mob would not disperse. Accordingly, the Riot Act was read, and the artillery tired a ball high over the heads of the stubborn crowd, whicli, of course, whizzing harmlessly along, pro- duced no effect upon the crowd, except that the eightj^ who were armed with fusils and fowling }»iecc.s, somewhat smart- ly returned the compliment, proving to the satisfaction of the soldiers the possession of highly military qualities, in a quarter where it was least expected. In reply, the troops fired grape and small arms, but without any intention of doing mischief. The rioters again fired at the troops, but not the slightest harm resulted to the troops. Ft was a kind 1812. THK COMMKNCKMENT OF IJOSTIMTIKS. 17 of Hhani battle. The military authorities began, liowever, to tire of it, and the mob was tired into, when one man having been killed, and another having been dangerously wounded, the mutineers dispersed, leaving some of the most daring among them, to keep np a straggling tire from the bushes ! The military made thirteen prisoners and, as night was setting in, left for Montreal. Next day, four hundred and fifty of the Montreal militia marched to Pointe Claire, and from thence to St. Laurent, which is situated in the rear of the Island of Montreal. There, they captured twenty- four of the culprits, and brought them to head quarters. Thus, there were thirty-seven rebels, prisoners in Montreal, when the United States had declared war against Britain, and the first blood shed, in consequence of the declaration of war in Canada, by the troops, was, unfortunately, that of Canadians. But the Pointe Claire habitants bitterly repent- ed the resistance which they had mnde to the militia law, and many of them came to Montreal, craving the forgive- ness of the Governor, which they readily obtained. The ringleaders alone were punished. Hostilities were commenced in Upper Canada. No sooner had General Brocke learned that war was proclaimed, than he conceived a project of attack. He did not mean to pe- netrate into the enemy's country, but for the better protec- tion of his own, to secure the enemy's outposts. On the 26th of June, he sent orders to Captain Roberts, who was at St. Joseph's, a small post, or block house, situated on an island in Lake Huron, maintained by thirty soldiers of the line and two artillerymen, in charge of a serjeant of that corps, under the command of tlie gallant captain, to attack Michillimackinac, an American fort defended by seventy- five men, also under the command of a captain. He was further instructed to retreat upon Ht, Mary's, one of the trading posts belonging to the North West Fur Company, in the event of St. Joseph's being attacked by the Ameri- cans. General Brooke's instructions reached Captain Ro- berta on the eighth of July, and he lost no time in carrying V OF' 178 SIHKENUEU OF MlClIILLIM.U.KI.'At . ISlii. the first part ot* them into cxoeutioii. Coninmnicuting the design, the execution of wliioli ho liml 1)Oom ontru.sted witli, to Mr. Potiiier, in cliiirge of thi^ Conipany'H Post, at St. Joseph's, that gentk'man patriotically tendered liis servicet^. Mr. Pothior, attended by idumt a linncbvd and sixly voya- geurs, the greater part of wliom wi-rc armed with iniiskt't.s and fowling pieces, Joined Cajjtain lioberts with Ins detach- ment of tliree artiUerynien and tliirty soldiers of tlie line, and in a flotilla of boats and canoes, accompanied by the Xorth West Company's brig Oila/oih'n, hulen with stores and provisions, a descent was made upon Micbillimackinac. They arrived at the enemy's fort, without having met with the slightest opposition, and summoned it to surrender. The officer in command of the .\merican fort at once com- plied. He had indeed received no certain infornuition that war had been declared. Very shortly afterwards two ves- sels, laden with furs, came into the harbour, ignorant of the capture of the fort, and were taken jtossession of, though subsequently restored to their proprietors, by Major-General DeKottenburgh, the President of the Board of Claims. Unimportant as this achievement was, it yet had the eflect of establishing confidence in Upper Canada. It had an ex- cellent effect upon the Indian tribes, with whose aid the struggle with the Americans, was afterwards efficiently maintained. Upon the declaration of war, the govco-nment of the United States despatched as sl^ilful anoflicer, as they had, to arm the American vessels on Lake Erie, and on Ijake On- tario, with the view of gaining, if possible, the ascendancy on those great inland waters, wliich separate a great por- tion of Canada from the United States. The American army was distributed in three divisions : — one under Gene- ral Harrison, called '* The North Western Army," a second under General Stephen Van Rensellaer, at Lewiston, called " The Army of the Centre," and a third under the Com- mander-in-Chief, General Dearborn, in the neighbourhood of Plattshurgh and Greenhnsh. As yet the armies had not 1812. 0I;N. ml 1,1. — IMlUCLAMATluNS — A MIIlM'.STia'UOM. 171^ the d,to lOn- nicy ipoi'- icaii lene- lond lied lom- lood not been put in motion, but on tlie l'2lli of July, (icnoral Hull, the Governor of Mitlii^iuii, anIio liml been uont, a( iho head of two tliousand live liiindivtl men. ri> ])t'troit, with the view of [Hitting an en;hed his head-nuartcrs thcit'. and issiu'd a prochiniation to tlie inhabitants of Canada, lb- cxpivs^o*! the most «Mitire con- fifK^iice of succ-i'ss. Tlie standard of union, ho aUegetl, waved over the tei'ritorv ol' ("anathi. lie tendered the inval- uaide blessinu:s (»f liberty, ei\il, politieal, and religious, to an op[»ressed [leople, separated from, and havini;' no shai'e in the Couneils of Ihiiain, or interests in in-r eonduet. And he threatened a war >f extermination if the Indians were employed in resisting the invasion. General Broeke met the TarHament of ('p[)i'r (lunula, at York, on the 28th of the same month, and issued a procla- mation to the people, in wliieh he ridiculed General Ilnll's fears of the Indians. lie then despatched Colonel Proctor to assume the eonimand at Andicrstburgh, from Fort St. George. So contident was the Anierii-an General of sueeess that, as yet, he hud not a single cannon or mortar mounted, and he did not consider it expedient to attempt to carry Amherst- burii'h, which was onlv situated ei^-hteen miles below, by assault. But, as his situation, at ISandwich, became more and more precarious, he, at length, did resolve upon attack- ing Amherstburgh, if he couhl get there, lie sent detach- ment after detachment, to cross the Canard, the rivei- on which Amherstburgh stands. The Americans attempted thrice to cross the bridge, situated three miles above Am- herstburgh, in vain. Some of the 41st regiment and a tew Indians drove them back as often as they tried it. Another rush was nuide a little higher up. l>nt the attempt to ford the stream was as unsucce.sslul as the attemjits to cross the bridge. iN'eai' the ford, some of tliose Indians, so mu'.-h dreaded by General Hull, lay concealed in the grass. Not a blade stirred until the wholo of the Amerieans were well in 180 OPPKN.hc/i (.'harlnttc n\\(\ Hunter, iiitt'ivoptud, iMtaek- 0(1, and o;:n| iiivd olovoii Ainoricaii hattoaux and boats, wliioli wore ill I'i'iil,' lor Detroit, nndor tlio escort of two linndred and lit'iy Aiucrican soldiers, nnircliinc: idonif the shore, the hoals and batieaiix havinn- un board iillv-six wounded Ame- ricans and two Knglisli prisoners. Generid Broeke. who hiid proroo-ued liis Parliament, now appeared at the scat of war. Jl(; had eollocted together a foive ul' seven Imndred oi" British regulars and militia and six hnndred auxiliary Indians. And Ije verv eoollv deter- mined upon obtaining the surrender of Jlis Kxeelleney, Ge- neral Hull, and his wliole force. Knowing from liis absurd proelamntion, how much in dread he stood of the Indians, General Broeke intiniated that if an attack were nnule, the Indians would be bevond liis eontrol ; that if Detroit were instantly suri'enderod. he wonM enter into conditions .such as would satisfy the most scru})nlous sense of honor; and that he had sent Lieutenant-Colonel McDonnell and Maior Glejrff with full authority to conclude any arraiii^ement that HMght prevent the unnecessary etfusion of blood. General Hull replied very courteously in the negative. Captain Dixon, of the Royal Juigineers, had thrown up a battery in Sandwich, on the very ground so recently occupied by the Americans, to act upon Detroit. In this battery there were two five and a half inch mortars, and one eiii-hteen and two twelve pounder guns, and it was manned by sailors under the com- mand of Captain Hull. For upwards of an hour the can- nonade was terrific, the fire of the enemy being very feebly maintained, from two twenty-four pounders. On the morn- ing of the eighteenth, the cannonade recommenced, and General Broeke crossed the river with liis little army, unop- posed, at the Spring "Wells, three miles below Detroit, the landing being effected under cover of the guns of the Queen Charlotte and Hunter. General Broeke formed his troops upon the beach, into four deep, and flanked bj' the Indians, advanced for about a mile, when he formed this miniature army into line, with its right resting on the river Detroit, 1812. slkhi:m)KU ot ulnkuai. hull. 188 ■trO op- the ;uiri)achini::. It wua an intimation thai ( Ji'iici-a.! ll'ill would capitulate. Lieute- nant-Colonel Mc1>n were signed, sealed, and delivered in duplicate, one eo(ty lor the inibrmation of His Britannic Majesty, and tiie other for that of Mr. I'residcnt Madison, ilie clitef of the authors of the war. To Mr. Ma- dison, the inibrmation that ( Jeiu'ral Hull had capitulated to the Goxcnior of Tjipcr Canada, with two thousand iive hundred men. and rhirty-three pieces of cannon, and that, in conse<|Uenee, the whole territory of Michiij-an liad been ceded to Creat Britain, could oidy liave l)een as disaii'reea- ble as it \v:is animatimj; to the people of Canada. >So entirely indeed weiv the Americans un[>repared for a blow of such extraordinary severity, that no one could be bron<'lit to be- lieve in it. Tt seemed an impossible circumstance. It was felt to be a delusion. It 8eemed.as if some one had j)ractised a terrible hoax njjon the nation. Until officially made known to the sovereign people, tlie disaster was looked upon as a lying rumour of the enemy. Another Henry had been at work, tampering with the New Kngland States, or the federalist minority liad set it afloat. True it could not be. It was indeed something to excite surpi'ise. The trophy of a British force, consisting of no more than seven hundred men, including militia, and six hundred Indians was the cession of a territory and the surrender of a General-in- Chief, a strong fort, the armed brig John Adams, and the two thousand five hundred men, who were designed not to defend their country only, but to wrest Upper Canada from the Crown of Great Britain. To General Hull's fears of the savage ferocity of the Indians, this bloodless victory must, to some extent, hoAvevcr trifling, ho attributerl. Go- t«4 HULL IN MUNTKUAI. — IMS KXCISI-;. 1812. iiemi Mull UU8 cvidtMitly HUpcrrttitiously alVuid ol' uu Indian. While ankin^ tiic inhabitiints of Upper Canada to come to him for protoction, ho could not lu?Ii> cntruuting, as it were, protection for himself auaiiiHt the Indians, [f you will not accept my otfcr, the (tcncral HPciucd to Hay, either remain at home or croMs hayoni'ts with American Holdicrs, but turn into the field one of the scalpinj; savages of your forests, and wo shall kill, burn and destroy, everything that comes before iis. With bin recfular troopn, the unfortunate man, was sent a prinonor to Montreal. He was led into that city, at the head of his officers and men, and was at once an ob- ject of pity and derision. But the Commander.in-Chief re- ceived his [irinoner with the courtesy of a gentleman, and with every honor due to his rank. Nay, he even suffered him to retiirn to the United States on parole, without soli- citation. In his official despatch, to the American government, Hull took [tains to free his conduct from censure. His rea- sons for siirrender, were the want of provisions to maintain the siege, the expected reinforcements of the enemy, and *' the savage ferocity of the Indians," should he ultimately be compelled to capitulate. But the federal government so far from being satisfied with these excuses, ordeied a Court Martial to assemble, before which General Hull was tried, on the charges of treason, cowardice, and un-officerlike con- duct. On the last charge only was he found guilty and sen- tenced to death. The Court, nevertheless, strongly recom- mended him to mercy. He was an old man, and one who, in other times, had done the State some service. He had served honorably during the revolutionary war. The sen- tence of death was accordingly remitted by the President, but his name was struck off the army list, and this repub- lican hero, who had forgotten the art of war, went in his old age, broken-hearted and disgraced, to a living grave, with a worm in his vitals, gnawing and torturing him, more terribly than thousands of Indians, practising the most un- heard of cruelties could have done, until death, so long de- nied, came to him. naturally, as a relief. 1812. r«LUHKNUKU Ol- H. M. 6. " UL KUHII-KK"— TIIK FKIIIT. 186 The ciivuiiistaiic't' is not a liltU; riirioiirt that only tlirtie days aflor CUmictuI Hull liiiailing 18G THL ••OLhilUIKRli A WKLCK. 18 IL'. powers of his Opponent, wore rejieatcdly, broadsides being as repeatedly cxclKUiged. AVhile botli sliips were keeping up a heavy lire, and steerin^L? free, ilia ConsiliiHuni, at iiyO o'clock, closed on tiie Gucrrierc'.s starboard l)eaiu, when the battle raired funouslv. Twoilv minutes had hardlv elapsed when the nii;':("ii must of ilic (JiUri-icyiWHi-, shot away, bi'ing- ing the ship ii[» into the wind, :ind tiie carnage on boan' became toi-ritic The Cvii8ti1>ii'«>iU during tiie confusion, caused bv the loss of the (hii'rrirrcn mast, was laid across the Britif^h frigate's bow, and wliile one ov two of the bow guns of the (7"<'r/vV/"<'('onld only l)e brought io beiir upon the Conslifxf'i'ii, lliat vessel scoured the docks of the J3ritish ship, v.ith a stream of ruetal. " At live minutes before six o'clock, says Captidn Hull, when within half pistol shot, we commenced a heavv fire fi'om all t)ur i;uns, double shotted with round and graite."" On board the Giurrin-c, Mr. Grant, who comnuinded the forecastU-, was carried below, the master was shot through the knee: and I, says Captain Dacres was shot in the back. At twenty minutes past six the fore and maiiunasts of the (jKcrrirrc went over the side, leaving her an unmanageable wreck. The ConstUiii'am ceased tiring and shot a-head, her cabin having taken lire from the 6rWOTwr'.s\guns. 'V\i(^ Gui rr'u'i'i would have renewed the action, but the wreck of the masts had no sooner been cleared than the spritsail yard went, and the Constitution having no new braces, wore round within pistol shot again to rake her opponent. The crippled ship lay in the trough of the sea, rolling her main deck guns under water. Thirty shots had taken etfect in her hull, about iive sheets of cop- per down ; the mizen mast, after it fell, had knocked a large hole under her starboard quartei-, and she was so completely shattered as to be in a sinking state. The decks were swim- ming with blood. Fifteen men had been killed and sixty- three had been severely wounded, when Captain Dacrcs called his officers together and consulted them. Farther waste of life was useless, and the British colours were dropped in submission to those of America. But the result 1812. ABANDO.\.MK-\T uF THK " GLERRIEUE." 187 Igain .ugh liirty Icop- large itely rim- Ixty- Icrcs Ither re re Isult of the contest, though it could not fail to cause great exult- ation in the United ." tatcs. reflected no dishonor upon the flag of Britain. A more unecjual contest had never before been maintained with such spirit, zeal, t^klll, or bravery. The bnttio had laslod for nearly three hours and a half, and the result was the sure effect of si/.e. as all things being otherwise equal, the heavier must overcome the lighter bodv. When the Gurrrirrr surrendered, it was onlv fo per- mit her iralh ul the galliint commander, her ether orhcers, and tne men, the wounded ami tlie untouched, \o be transferred for safety from a watery grave to the Ccvhsitfutloii. Captain Hull, the conqueror, told his government that the (jinrrlere had been totally dismasted and otherwise cut to pieces, so as to make her not worth towing into port. AVith lour feet of water in her hold, she was abandoned and blown up. The Cohstitu- tion had only the Lieutenant of Mariiies and six seamen killed, and two officers, four seamen, and one marine wounded. On each side there was now something to be proud of and 8omethin<>: to reoTet. If the British exulted over the fall of Detroit and the surrender of General Hull,' and the United States viewed these occurrences with indescribable pain and a sense of humiliation, the Americans could now boast of the success of their arms at sea, while Britain regretted a disaster upon that element, on which she had long held and yet holds the undisputed mastery. There was now no room for the American government, on the ground of having been too much humiliated, to refuse peace if it were offered to her. Yet peace was refused. Soon after these occur- rences the news of the repeal of the Orders in Council reached this continent, and the ground of quarrel being re- moved, peace was expected, and an armistice was agreed to between the British Governor of Canada, Sir George Prevost and General Dearborn, the American commander-in-chief, on the northern frontier. But the American government, bent upon the conquest of this province, disavowed the ar- mistice and determined upon the vigorous prosecution of 188 THE XOJnilKKN .STATES OL.AMoUuLr? I'UR PEACE. 1812. 11 I the contest. It was tlien that tlio Northern States of the American Union, wlio wore tlie most likely to suffer by the war became clamorous for peace. The whole brunt of the battle, by land, was necessarily to be borne by the State of New York, and the interriif>tion of the transatlantic traffic was to fall witli overwhelmingly disastrous pressure upon Massachusetts and Connecticut. Addresses to the President were sent in, one after another, from the Northeastern States, expressing- dissatisfaction with the war and the utmost ab- horrence of the alliance betAvccn imperial France and re- publican America. They would have none of it, and if French troops were introduced into their States, as auxilia- ries, New England would look upon them and would treat them as enemies. Nay, the Northern States went still fur- ther. Two of the States, Connecticut and Massachusetts, openly refused to send their contingents or to impose the taxes which had been voted by Congress, and " symptoms of a decided intention to break off' from the confederacy were already evinced in the four Northern States, comprising New York, and the most opulent and powerful portions of the Union."* General Brocke, ignorant of the armistice, and indeed it did not affect him, for General Hull had acted under the immediate orders of the American Secretaiy at "War, and was consequently irresponsible to General Dearborn, with the aid of the Lilliputian navy of the Lakes, was maintain- ing the ascendancy of Great Britain in Upper Canada and Michigan. He was about indeed to make an attempt upon Niagara, to be followed by another upon Sackett's Harbour, with that daring, promptitude and judgment, which was characteristic of thvi man, when he received instructions from the Governor General to rest a little. Following the advice of the Duke of Wellington, Sir George Prevost had wisely determined not to make a war of aggression with the only handful of troops that could be spared to him from the scene of prouder triumphs and of harder and Aliaoir.s Hi>iory of Europe, page 6(32. vol. 10. 1812. THE BATTT.i: OF lirHKN.f tli'- I^Uli of Ooto- ber, a detachment of between a thousand and thirteen hun- dred men, from the Amerieau army of the centre, under the immediate command of (/olonel Solomon Van Kensellaer,* crossed the river Niagara, and attacked the Britisli position of Queenstown. It was when Van Renseliaer having liim- self crossed, and the British had been driven from their po- sition, that General Brooke, and about six hundred of the 49th regiment, in the grey of the morning, arrived at the scene of conflict. The Americans being about the same time reinforced by the addition of regulars and militia. General Brocke put himself at the head of tlie 49tirs Gre- nadiers, and while gallantly cheering them on, he fell mor- tally wounded, and soon after died. His trusty aid-de- camp, the brave Colonel McDonell, fell beside him, almost at the same moment, never again to rise in life. The 49th fought stoutly for a time, l^ut, discouraged by the loss of the General, they fell back and the position was lost. But the fortune of the day was not yet decided, although Van llensellaer, with the aid of Mr. Totter, his Lieutenant of Engineers, had somewhat strengthened the recently cap- tured position on the heights. Reinforcements, consisting partly of regular troops, partly of militia, and partly of Chippewa Indians, in all about eight or nine hundred men, came up about three in the afternoon, to strengthen and en- courage the discomfitted 49th, under General Roger Sheaife, who now assumed the command. A combined attack was made on the Americans by the English troops and artillery, in front and flank, while N'orton, with a considerable body of Indians, menaced their other extremity. It was * Alison says under the command of General Wadsworth, but Christie speaks of Brigadier-General Van Rensellaer, while the American accounts speak of Colond Solomon Van Rensellaer. In this case Mr. Christie and the Americans are to be preferred to Alison. 190 THE VH TohY — THK 111 RIAL OF BROCKK. 1812. entirely successtul. The Ameiiouns wore totally defeated, and Olio General Officer, (Wadsworih, eomnianding in the room of General Van liensellaor, who had rc-cros.sed the river to accelerate the eini)arkalion of the niilitia, which, thoufrh urged, entreatetl, and conmianded to embark, re- mained idle sjiectatois. while their conntrvmen were, as the American ;u-o(miits sav. strua'uTnii!; for vietorv,) two Lieute- muit-Colonels, tive Majors, and a correspond! iiij;' numher of Captains and suhalrerns, with nine hundred nuMi, were made prisoners: one gun and two colours were taken ; and there were four hundred killed and wounded, while the loss on the si(h' of the British did not exceed seventy men. Thus was the battle won. It had cost En^-land an excellent soldier, a man who thorouffhlv understood his dutA\ and felt his position in whatever capacity he was placed. He died at the age of 4*2, and the remains of this gallant de- fender of Upper C^anada were buried at Fort George, to- gether with those of his aid-de-canip, Colonel ^IcDonell. One o-rave contained both. General Brocke was buried amidst the tears of those whom he luid often led to victoiy, and amidst the ^iym[>athetic sorrowing of even those who had caused his death. Minute guns were tired during the funeral, alike from the American as from tlie British batte- ries. Thus it was with the Americans on land. It was, as has been seen, very ditferent on the sea. And tlie tirst ren- contre took place on the latter element. Wlien war was declared it was with the intention of intercepting the home- ward bound West India Heet of British merchaiitmen. Three frigates, one sloop, and one brig of war, under the command of Captain Rogers, of the American frigate Pre- sident, were despatched on that errand. It was about three on the morning of the 23rd of June, that Captain Rogers was informed, by an American brig, bound from Madeira to !N'ew York, that four days before a fleet of British merchant- men, were seen under convoy of a frigate and a brig, steer- ing'to the eastward. Captain Rogers accordingly shaped Jiis course in pursuit of them. At six o'clock in the morn- IS12. THi; IMtKSIDKNT ANL> " BELVIDKIIA. lUl )iitte- is, lis ren- was )rne- Hien. ir the Pre- tliree )ger8 Ira to liant- Iteer- iped lorn- ing, a sail vvu.s cle.scriuyrn, who eonmiandeil tiie British frigate Bdv'i- ^^m, protecting the convoy, he ta<-ked and made all sail, steering northeast by east. It wiis now I'ight o'clock in the morninLT, and the Pn-^iilinf seemed to be i^aininu- on the Behulern, leaving her consoris, however, far biiiind her. About hull' past three in till' al'iernoon, tiie Prc^idrnt fired three guns, the shot from om- of which was terri1)ly destruc- tive. Two men were killed, iind LieiitiMiant Bruce and four men were more or less severely wounded. l>roadside after broadside was lired by both vessels soon afti'rwards, and the %■' Pi'Ci-vJciii at last bore off. Each iiartv loj-t about twentv-two men, but the British frigate had the advantage. Her guns were pointed witli great skill, and produced a suprising effect, as the American sijuadron tailed in taking the single English frigate, and the whole uierchantmen escaped un- touched. Indeed after a cruise of twenty days and before the declaration of hostilities was known at sea, the Ameri- can squadron returned to port, liaving oidy captured seven merchantmen. The action between the Cuns/iiution and the Guerriere oc-r curred after this event, the result of which has been already stated, somewhat out of place, it is true, but, with the dcr sign of exhibiting how a peace might ha^•e been effected, had it been desired by the Americans, without loss of honor on either side. The simultaneousness of the advantages gained by the British on the land, and of the advantages gained b}' the Americans on the sea, is not a little remarka- ble, nor is it le^s remarkable that after the tide of battle had slightly turned with the British, on land, towards the close of the war, the naval actions at sea were nearly all to the disadvantage of the Americans. It would seem that provi- dence had designed to humble the pride of the unnatural combatants. About the exaot time of the surrender of General "VTads- 192 THE "FROMO AXK TIIK " W.ASP. 18VJ. worth, at Queenston, an cngageniont occurred between the English sloop of war Frolic^ and tlio American brig of war Wasp^ which proved disastrous to the former. Aa far as the number of guns went, both vessels Avero equal. Eacli had eighteen guns, nine to a broadside, but while the sloop had only 92 men and measured only '{84 tons, the hrig had 185 men and measured 434 tons. The Frolic^ on the night of the 17th of October, liad l)oen overtaken by a most violent gale of wind, in which she carried away her mainyard, lost her topsails, and sprung her maintopmast. It was, w^hile repairing damages, on the morning of the 18th, that Cap- tain Whinyatcs, of the F'oUc, was made aware of the pre- sence of a suspicious looking vessel, in cliase of the convoy, which the Frolic had in charge. The merchant ships conti- nued their voyage with all sails set, and the Frolic, dropping astern, hoisted Spanish colours to decoy the stranger under her guns and give time for the convoy to escape. The ves- sels soon approached sulRciently to exchange broadsides, and the firing of the Frolic was admirable. But the vessel could not be worked easily, and the gatf braces being shot away, while no sail could be or was placed upon the main- mast, her opponent easily got the advantage of position. To be brief, the storm of the night before had given the Wasp an advantage which, neither nautical skill, nor un- daunted resolution could counteract, and the Frolic, an un- manageable log upon the ocean, was compelled to strike. Undoubtedly this was another triumph to the United States, although, materially considered, the gain was not much. In only a few hours after this action, both the Wasp and the Frolic were surrendered to H. M. S. Poiciiers, of seventy- four guns. Seven days afterwards, another naval engagement oc- curred, more tellingly disastrous to Great Britain. The United States, a frigate of fifteen hundred tons burthen, car- rying 30 long 24-pounders, on her main deck, and 22 42- pounders, with two long 24-pounders, on quarter deck and forecastle, howitzer guns in her tops, and a travelling carro- 1H\± THE "MAOKDONIAN AND " UNITKI) .STATES. 193 It oc- The car- 42- and ITTO- liudo OH her deck, with a com[»lument of 478 picked men,* was perceived by il. M. frigate Macedonian^ of 1081 tons, cariying 49 guns, and manned by 254 men and 35 boys. 'The Macedonian approached the enemy and the enemy backed lior sails, awaiting tlic attack, after the firing had continued for about an hour, ut long range. When in close battle, Captain Garden perceived that he had no chance of success, but he was determined to light his ship while she floated and was manageable, hoping for, rather than expect- ing, some lucky hit, which would so cripple the enemy as to permit the Macedonian, if no more could be done, to bear oft* with honor. But the fortune of war was adverse. Every sh(>t told with deadly and destructive eft'ect upon the Macedonian, and even yet, with nearly a hundred shots in her hull, her lower guns under water, in a tempestuous sea, and a third of her crew either killed or wounded. Cap- tain Cardeu fought his ship. To " conquer or die," was his motto, and the motto of a brave crew, some of whom even stood on deck, after having |»aid a visit to the cockpit, and submitted to the amputation of an arm, grinning defiance, and anxious to be permitted the chance of boarding with their fellows, when Captain Garden called up his l^oarders as a dernier resort But boarding was rendered impossible, as the fore brace was shot away, and the yard swinging round, the vessel was thrown upon the wind. The United States made sail ahead and the crew of the Macedonian fan- cying that she was taking her leave cheered lustily. They were not long deceived. Having refilled her cartridges, the United States, at a convenient distance, stood across the bows of her disabled antagonist, and soon compelled her to strike. While the Macedonian had thirty-six killed and sixty-eight wounded, the United States had only five killed and seven hors de combat. It was such advantages as these that induced the Ameri- cans to continue the war. The Americans were inflated with pride. In their own estimation they had become a first * Captain Garden's defipatch to Mr. Crokfr. X 194 THE LORDS OF THE ADMIRALTY. 1812. rate maritime power, and even in tlie eyes of Europe, it seemed that they were destined to become so. The dispa- rity in force was justly less considered than the result. However bravely the British commanders had fought their ships, the disasters were no less distressing, politically con- sidered, than if they had been the result of positive weak- ness or of lamentable cowardice. These advantages even compensated in glory to the Northeastern States for the losses which their commerce had sustained, and would, had they continued very much longer, have stimulated them to forget their selfishness, their bankruptcies, and their priva- tions, though perhaps they tended on the other hand, to cause less vigorous eftbrts to be made for the acquisition of Canada, than otherwise would ha\o been the case, by rivet- ting the public attention of America more on the successful operations by sea than on their own disastrous operations by land. There was yet another disaster to overtake Great Britain. And it was little wonder. The Lords of the Ad- miralty, wedded to old notions, unlike the Heads vH the Naval Department of the United States, were slow to alter the build or armament of tlie national ships. They seemed to think that success must ultimately be dependent upon pluck, and that there could be again few instances in which a sloop could be so disabled by a storm as to be unable to cope with a brig, better manned, better armed, and in good sailing trim. They continued to send slow-sailing brigs and ill-armed sloops-of-war, for the protection of large fleets of merchantmen, with valuable cargoes, while the frigates of the enemy, in search of them, whethoi' in the calm or in the storm, were faster than British seventy-fours, and were equal to British ships of the line in armament. It was after the loss of the Macedonian that the British Admiralty commis- sioned and sent to sea the fi'igate Java, of the same tonnage, with the same deficiency of men, and, worse than all, half of whom were landsmen, and of exactly the same arma- ment as the 3Iacedonian, only that her weight of metal wae less, to cope with such frigatetf as the United iSta(ei<, the Pre- 1812. THE '' C0N8TITI TIOX " AND TUB "JAVA. 195 sUnif, and the ConstHufhu. On the 12th of November, the Java sailed from Spithcad, tlic remonstrances of Captain Lambert against tlie inadequacy and inexperience of his crew being of no avail with the authorities. He was told, when he insisted that he was no match for an American, even of equal size, that " a voyage to the East Indies and back woidd make a crood crew." The difficulties in the way of getting to the East Indies, to say nothing of coming back again, never entered into the heads of men, who had long been laid up in ordinary, and were dry-rotting to decay. These were the men who sent the water casks to contain the fresh water of His Majesty's vessels afloat on our fresh water lakes. Then, as now, were the wrong men in the wrong places. Men, Vho should have been in Greenwich Hospital, talking of times gone by, or living in dignified retirement, were entrusted with the management of affairs in a new age, the country rather losing than gaining by their individual experiences. And the British public stung to the quick, were aware of it. The correctness of Captain Lambert's judgment was too soon brought to the test. The Java fell in with the Constitution on the 28th of December, when the latter stood off as the former approached, to gain a first advantage by firing at long range. But as the Java was fast gaining upon her, the Constitution made a virtue of necessity, and shortened sail, placing herself under the lee bow of the Jam, so that in close action, the crew of the Constitution might fight like men behind a rampart, while the crew of the Java stood at their guns m barbette. The action immediately commenced, and the effect of the Java's first broadside, on the enemy's hull, was such that the Ame- rican wore to get away. Captain Lambert also wore his ship, and a running fight was kept up with great spirit for forty minutes. The Java had, as yet, suflered little, but the vessels coming within pistol shot, a determined action en- sued. Captain Lambert had resolved upon boarding his enemy, if it were possible in any measure to effect it. With that view he was closing upon hk antagonist, vvhen 19C CAl'Tl Rt; OF THE 'M.VV.a" — SI'IRIT UF '"TJlk; TIMES." 1812. the foremuHt of tlio Jaai I'dl suddenly uiul with si crash ho tremendous as to lin-jdv in the ioieeastle and eover the deck with the M rcH-k. Only a moment hiter and tlie main top- mast also fell upon the dock, wjiilc Ca])tain Lambert lay ■\ve1terinf? in his blood, mortiiUy wonndc-d. Lieutenant Chads, on whom the command now devolved, found tlic Java perfectly unmanageable. The wreck of the masts huno-over the side, next to the enemy, and every discluirgi' of the Jam's own ifcn(3roiisly paroK'd him, ami Hutt'ercd liim to retain the phi to. Unahlo to reiiiaiii U)nij('r liuiclivo, (ionural Dearborn, in c«)mmand of tlni AmoriiMii aniiy of tlio iiortii, approached LowtT Caiiathi. On thi' 17th of XovcuUkt, Major Deyala- borrv, coiamaiidiiiij: tlio ('aiiadiaii Cordon and advanced postH. on tho lino, recciivod intelligonce of Lieutenant Phil- lips, tliat the enemy, ten tlionsand strcrtitf, were rapidly nd- vaneinuj upon Odolltown. There was no time to be lost and he .set about strenu^theninu^ hid position as speedily as he could. Two companies of ( -anadian Voltigeur«, three hun- 'ii''3d Indians, and a few militia volunteers were obtained liom the neiii:hl)oring parishes, and there was every disposi- tion manifested to give the intruders a warm reception. The enemy, however, halted at the town of Champlain, and nothing of moment occurred until the 20th of November, when the Captain of the day, or rather of the night, as it was only three in the morning, noticed the enemy fording the river Lacolle. Retracing his steps, he had only time to warn the piquet of their danger, when a volley was fired by the Americans, who had surrounded the log guard-house, at so inconsiderable a distance tliat the burning wads set fire to the birch covering of the roof, until the guard-house was consumed. But long before that happened, the militia and Indians had discharged their guns, and dashed through the enemy's ranks. It was dark, and the position which the Americans had taken, with the view of surrounding the guard-house, contributed somewhat to their own destruc- tion. In a circle, face to face, they mistook each other in the darkness, and fought gallantly and with undoubted obstinacy. Neither side of the circle seemed willing to yield. For half an hour a brisk tire was kept up, men fell, and groaned, and died ; and the consequences might have been yet more dreadful had not the moon, hidden until now bv clouds, revealed hert;e1f to the astonished combatants. 20U DIIAP.BOKN S UKTKKAT. 181-2. I I I' I 'JMio vietoiv-j and the vanquished returned together to Cham- plain, leaving behind four killed and live wounded. From the wounded prisoners, whom, Avith the dead, the Indiana pieked oif the battle iield, it was learned that the unsuc- cessful invaders consisted of fourteen hundred men and a troop of dragoons, commanded by Colonels l^yke and Clarke. Unfortunate to the Americans as this night attack had been, it was sufficient to lead the Governor General of Can- ada to the conclusion that it would not be the last. Nay, he was persuaded that a moat vigorous attempt at invasion would be made, and having no Parliament to consult, nor any public opinion to fear, he turned out the whole militia of the province for active service, and ordered them to be in readiness to march to the frontier. Lieutenant-Colonel Deschambault was directed to cross the St. Lawrence at La- chine, and from Caughnawaga, to march to the Pointe Claire, Riviere-du-Chene, Vaudrenil, and Longue Pointe. Battalions upon L'Acadie, and volunteers from the foot battalions, with the flank companies of the second and third battalions of the Montreal militia, and a troop of militia dragoons, crossed to Longueil and to Laprairie. Indeed the whole district of Mo*ntreal, armed to the teeth, and filled with enthusiasm, simultaneously moved in the direction from whence danger was expected. General Dearborn quietly retreated upon Plattsburgh and Burlington, and, like a sensible man, as he undoubtedly was, abandoned for the winter, all idea of taking possession of Lower Canada. On the 28th of November, the armistice being at end, General Sm^iih invaded Upper Canada, at the foot of Lake Erie. With a division of fourteen boats, each containing thirty men, a landing was effected between Fort Erie and Chippewa, not however unopposed. Lieutenant King, of the Royal Artillery, and Lieutenants Lamont and Bartley, each in command of thirty men of the gallant 49th, gave the enemy a reception more warm than welcome. Ovti/- whelmed, however, bv numbers, the artillerv and the df- 181-J. SMYTH a ATTK.MI'T AT EVAK. t:oi de- tJU'hmeiit of the 49tli, untU'i- linniont fjave way, when I/ieu- tenaiit King had siiccL'edod in siiiking \iU j;-iiii8. Jjamont and Kiin>; were both wounded, and with thirty nion, were overtaken hy tlie enemy and made i>risuners. Jiartloy fought steadily and iiereely. lli.s gal hint ha?id was reduced to seventeen, before he oven thought of a retreat, which his gallantry and tact enabled him to eti'ect. The American boats had, wliile JJartley was keeping up the light, returned to the American fcilioiv with the prisoneis, and as many Americans as could crowd into them, leaving Captain King, General Smytli's aid-de-cam[», to Jind his way back, as best he might. lie moved down the rivei' shore with a few offi- cers and forty men, foUowed, from Fort JCrie, by Major Ormsby, who made them all jn-isoners with exceedingly little trouble. [Jnconscious of any disaster, another division of Americans, in eighteen boats, made for the Canada shore. Colonel Bislio}> had now arrived from (i^hippewa, and had formed a junction with Major Ormsby, the Com- mandant of Fort Erie, and with Colonel Clarke and Major Hall, of the militia. There were collected togetlicr, under this excellent officer, about eleven hundred men, taking into account detachments of the 41st, 49th, and Royal Newfound- land regiments, and in addition, some Indians. The near approach of the Americans was calmly waited for. A cheer at last burst from the British ranks and a steady and deadly fire of artillery and musketry was opened upon the enemy. The six-pour der, in charge of Captain Kirby, of the lioval Artillerv, destroyed two of the boats. The enemy were thrown into confusion, and retired. General Smytli again tried the effect of diplomacy upon the stubborn British. He displayed his whole force of full six thousand men, upon his own side of the river. Colonel Bishop ordered the guns which had been spiked to be ren- dered serviceable, and the spikes having been withdrawn, the guns were remounted and about to open fire, with the view of scattering the valiant enemy, when a flag of truce brought a note from General iSmyth. It was simply a sum- 202 MEETING OF THE LOWER CANADIAN PARLIAMENT. 1812. mon8 to surrender Fort Eric, with a view of saving the further eftusion of blood. lie was reciuested to " come and take it," but did not make another attempt until the 1st of December, when the American troops embarked merely again to disembark and go into winter quarters. Murmur and discontent filled tlie American camp, disease and death were now so common, and General Smyth's self-confidence was so inconsiderable that the literary hero, who had spoken of the "eternal infamy" that awaits him who "basely shrinks in the moment of triiil," literally fled from his own camp, afraid of his own soldiery, who were exasperated at his incapacity. Thus ended the first year of the invasion. The Americans had learned, the not unimportant lesson, that, as a general rule, it is so much more easy successfully to resist aggression, than, as the aggressor, to be successful. The invasion of any countiy, if only occupied by savages, requires more means than is generally supposed- Sir George Prevost, somewhat relieved from the anxiety attendant upon anticipated and actual invasions, now sum- moned his Parliament of Lower Canada, to meet for the despatch of business. He opened the session on the 29th of December, and in his speech from the throne, alluded to the honorable termination of the campaign, without much effusioa of blood, any loss of territory, or recourse having been had to martial law. He proudly alluded to the achieve- ments in Upper Canada, and feelingly alluded to the loss sustained by the country, in the death of General Brocke. He spoke of the recent advantages gained over the enemy in both provinces, and recommended fervent acknowledge- ments to the ruler of the universe, without whose aid the battle is not to the strong nor the race to the swift. And it was not alone for such advantages, great as they were, that the country had to be thankful, the Marquis of Wel- lington had gained a series of splendid victories in Spain and Portugal. In Spain and Portugal British valour had appeared in its native vigour, encouraging the expectation that these countries would soon be relieved from the mise- 1812. THE PRF.VALrXT FKEl.l.NG — Ml!. JA.^. t^TUART. 20 rics which liad desolated them. Ilia lioyal lliglme.ss, tlio Prince Regent, had directed liim to thank tlie lloutie lor their loyalty and attaihnicnt. His Royal Highness felt not the .slightest apprehension of insidious attacks upon the loyalty of a people who had acted so liberally and loyally as the Canadians had done. Sir George spoke of the bene- ficial effects arising from the Army Bill Act, and recom- mended it to their further consideration. The militia had been called out and had given him the cheering satisfaction of having been a witness of si public spiritedness, and of a love of country, religion, and the laws, which elsewhere might have been equalled, but could not be anywdiere ex- celled. He recommended a revision of the militia law and urged upon the legislature the expediency of concluding the public business with dispatch. Sir George had aroused the better feelings of the country. His words fell gratefully upon the ear. The Canadian peo- ple and their representatives felt that they were treated with respect and were proud in the knowledge of deserving it. All that the Assembly wanted was the confidence and af- fection of their sovereign. No longer treated with suspi- cion and looked upon wath aversion they were ready to sa- crifice everything for their country, and the reply of the House of Assend)ly was an assent to his every wish. As soon as the House had proceeded to business, Mr. James Stuart, one of the members for Montreal, with the view of embarrassipg the government, and with no purpose of creating uneasiness in England, moved for an enquiry into the causes and injurious consequences that might have resulted from the delay incurred in the publication of the laws of the Provincial Parliament, passed in the previous session. His assigned object in making the motion was to palliate the conduct of the Pointe Claire rioters. The motion carried and the Clerks and other officers of the Upper House were summoned to attend at the Bar of the Assembly. The Upper House, seemingly, considered thai their officer.^ had equal privileges with themselves, and at 204 PltOCtKDlNUS OF I'ARLIA.MKNT. 1812. I I I' I iirat refused to allow these gentlemen to attend, but, seeing the A8seml)iy resolute, and being anxious not to throw any obstaele in the way of the speedy despatch of the public bu- siness, they [)erniitted their attendance under protest.- The result of the enquiry amounted to notliing, and the House proceeded to other business. Tlie subject of appointing an agent to Knglanrovince, and a Baronet of the United Kingdom, moved for an enquiry con- cerning their Rules of Practice, rules obviously incompati- ble with the liberty of speech and with the freedom of the press. The enquiry had an excellent indirect effect. It Beemed to some extent, to have secured the liberty of the press. From the time, says Mr. Ryiand, that the Assembly began its attacks on the Courts of Justice, the licentious- ness of a press, (the Gazette.) recently established at Mon- treal, has appeared to have no bounds. Every odium that can be imagined, is attempted in that publication, to he thrown on the memorv of the late Governor-in-Chief, on the principal otHcej's of government, and on the Legislative Council. The ]»eople"s nunds are poisoned and the disor- ganizing party encouraged to proceed. Thus is it led to hope that any future Governor may be detei'red from exer- cising that vigor, which the preservation of His Majesty's government may require. A higher tribute to a free press no man ever paid than that. The ho[)e has been realised, the trials have all been passed through, and persecutions for opinion's sake must now be cloaked, at least, by something more than expediency. The Assembly next proceeded to the consideration of the expediency of legally enlarging the limits and operation of martial law. as recommended in the speech from the throne. 206 TIIK -'MKUCLKY L'I'OX MU. aTLAKT. 1812. and reported that such enlargement was inexpedient. The House then renewed the Army IJill Act, authorised the sum of five hundred pounds to be put in circulation, and com- missioners were appointed to ascertain the current rate of exchange on London, which liolders were entitled to recover from government. Fifteen thousand pounds were granted for the equipment of the militia, and £1,000 additional for military hospital. ' Towards the support of the war X25,000 were granted. X400 were granted for the improvement of the communication between Upper and Lower Canada. A duty of two and and a half per cent, for the further support of the war was placed upon all imported merchandize, with the exception of provisions, jind two and a half per cent additional on imports by mercliants or others not having been six months resident. A motion Avas made l)y one of the most independent members of the Assembly, for a committee of the whole, to enquire whether or not is was necessary to adopt an address to the King concerning the impropriety of the judges being mend)ers of the Legislative Council. But the motion was not pressed. This gentle- man, though very desirous of as much liberty as it was possible to obtain for himself, was not particularly disposed to give an undue share to others. He took umbrage at an article communicated to the Mercurt/, ably written, and perhaps, at the time, strikingly true, relative to the conduct which Mr. Stuart had been and w^as pursuing, since he had been stript of his official situation by the late Governor. It was hinted that the discontented legislator was actuated in his opposition to the government by no unfriendly feel- ing to the United States. It was asked if he were not determined to be somebody. He was a man not unlike him who fired the temple of Ephesus. He was sowing seeds of embarrassment and delay, and picking out flaws, with the microscope of a lawyer, in the proceedings of the govern- ment. And he was prostituting his talents and perverting his energies. The House resolved that the letter of " Juni- olus Canadensis," was a libel, and perhaps it was, but if so, 1813. OPKNINO 01' TIIK XKXT CAMl'AIGX. 20l Mr. Stuart had the Courts ot" Law open to liim, and there- fore the interference of the House wa.s as silly as it was tyrannical. Mr. Gary, the publisher of tlie Mn-cuiy, evaded the Sergeant-at-Arms, and laughed at the silliness of the collective wisdom afterwards. The House was prorogued on the 15th of February. The war had not so far pro- duced any injurious effect on the commerce of the country The revenue was £61,193 cuiTcney, and the expenditure, which included the extraordinary amount of £55,000 grant- ed towards the support of the militia, was only £98,777. The arrivals at Quebec numbered 399 vessels of 86,437 tons, and in 1812, twenty vessels were built at the port of Quebec. The first operations of the next campaign, in 1813, were favorable to the British. On the 22nd of January, a severe action was fought at the lliver Raisin, about twenty-six miles from Detroit, between a detachment from the north- eastern army of the United States, exceeding seven hun- dred and fifty men, under General Winchester, and a com- bined force of eleven hundred British and Indians, under Colonel Proctor. General Harrison, in command of the north western army of the United States, was stationed at Franklintown. Anxious, at any cost, to attbrd the discon- tented and sickly troops under him, active employment, he detached General Winchester with his seven or eight hun- dred, or, as it is even said, a thousand men, to take posses- sion of Frenchtown. This, General Winchester had little difficulty in doing, as he Avas only opposed by a few militia- men and some Indians, under Major Reynolds. The intel- ligence of the capture of Frenchtown had, however, nO' sooner reached Colonel Proctor than he collected his men together and marched with great celerity from Brownston to Stoney Creek. Next morning, at the break of day, he re- solutely attacked the enemy's camp and a bloody engage- ment ensued. General Winchester fell into the hands of the chief of the Wyandot Indians, soon after the action began, and was sent a prisoner to Colonel Proctor. The 208 KATTI.i: AT Tin; IlIVKi; RAISIN. 1813. Americans soon rctioutcd, taking refuge beliind liouses and fences, and, terribly afraid of tlio Indians, determinedly resisted. The Americans bIaz(Ml away; every fence and window of the vilUige vomited a llame of lire ; but tlie Bri- tish, with their anxiliary Indians, were still driving in the enemy, and about to set the houses on lire, when tlie cap- tured General VVincliester, stipulated for a surrender. On condition of being protected from the Indians, lie assured Colonel Proctor that the Americans would yield, and this assurance being given, General Winchester caused a flag of truce to be sent to his men, calling upon them to lay down their arms, which they were only too glad to do. The Ame- ricans lost betw^een three and four hundred in killed alone; while one brigadier-general, three field otlicers, nine cap- tains, twenty subalterns, and upwards of five hundred rank and file, w^ere taken prisoners.* Comparatively considered, the British loss was trifling. Twentv-four men were killed, and one hundred and fifty-eight were wounded. Colonel Proctor was raised to the rank of Brigadier-General, in re- ward for his successful gallantry. As if to couterl>alance the elfect of this success, another naval engagement occurred at sea, on the 14th of February, between the British sloop of war Peacock and the American brig Hornet. The fight was long continued, bloody and destructive. The Peacock, after an hour and a half of hard fighting was in a sinking state. The effect of the enemy's fire was tremendous, but the men of the Peacock behaved nobly. Mr. Humble, the boatswain, having had his hand shot away, went to the cockpit, underwent amputation at the wrist, and again voluntarily came upon deck to pipe the boarders. The Peacock was now rapidly settling down, and a signal of distress w^as consequently hoisted. The signal was at once humanely answered. The firing ceased imme- diately, the American's boats were launched, and every effort praiseworthily made to save the sinking crew. All * Alison mixes up Colonel MeDonell's capture of Ogdensburgh, which is below Kingston, and opposite Prfgcott, the scene of the Wind Mill fight in '37. J8i3. URKAT KXKUTIUXS ON* BOTH SIDKS. 209 below were not, Uowover, Hiived. Throe of tlie Hornet's men and thirteon of the erovv of the Prurock went down in the latter vessel to<]fethcr. The Ilonut carried twenty guns, while the Peacock had only eiji^hteen, \x\\(\ the tonnage of the former exceeded, by seventy-four tons, that of the latter. The Americans now gathering up tlieir strength, irritated by their repeated failures on the land, and disheartened, but vet not discouraged bv their original weakness on the lakes, were about, in some degree, to be compensated more suit- ably for their ijiland losses than by the capture or rather by the negative kind of advantage of destroying at considera- ble cost and risk, frigates and sloops of w^ar at sea, inferior in every respect, the bravery of the sailors and the skill of the oihcers excepted, to the huge and properly much esteem- ed American double-banked frigates and long-gunned brigs. The command of Lake Ontario had devolved on the Ame- ricans. New ships of considerable size, and well armed, under the superintendence of experienced naval officers, were built and launched day after day. Troops were being collected at every point for an attack, by sea and land, upon either York or Kingston. It was now exceedingly necessary that some activity of a similar kind should be displayed by the British. The forests abounded in the very best timber ; there were able shipbuilders at Quebec ; the Canadian naval commanders had distinguished themselves frequently ; there was a secure dockyard at Kingston ; and, indeed, there ex- isted no reason whatever, for the absence of that industry on the Canadian side of the rivers and lakes, dividing the two countries, but one, and a more fatal one could not have been listened to. It was simply that the British had been hitherto able to repel the invader wherever he had eftected a landing, and would be, under any circumstances, quite able, as they were willing, to repel him again. And there was an ignorance about Canada, on the part of both the heads of the naval and of the military departments in Eng- land, as disgraceful, as it was inexcusable. It was believed that there were neither artisans to be found in the country 210 IMPERIAL MlSAPPRElIENrflOX OF CANADIAN' llKSOlRrKS. 1813. nor wood. It pocnicd to bo a prevalent opinion that tho country was pooplcd only l)y French farmers, a few French jj^entlenien, and some hundreds of discharged soldiers, with ji few lawyers and landed [)roprietors, styled U. E. Loyalists, besides the feAV naval otHcHM's resident at Kingston, and the troops in tho ditferent garrisons. In U)>per Canada, during tho winter, nothing, or ahnost nothing, was done in the way of building ships for tho lakes. Sir George Prevost, it is true, made a hurried visit to Upper Canada, after having ]irorogued the I*arliament. He was a man admirably adapt- ed for the civil ruler of a c6untry ha\ing such an elastic and very acceptable constitution as that which Canada has now had for some years past. He was one of those undecided kind of non-progressive beings, who are always inclined to let well alone. He was well meaning, and he was able too, in some sense. lie was cautious to such a degree that cau- tion was a fault. He was not, by any means, deficient in personal courage, but his miiul always hovered on worst consequences. If he had hope in him at all, it was the hope that providence, without the aid of Governor Prevost, would order all things for the best. Ho had a strict sense of duty and a nice sense of honor, but lie always considered that it was his duty not to risk much the loss of anything, which he had been charged to keep, and his moral, was so much superior to his physical courage, that he never considered it dishonorable to retreat without a struggle, if the resistance promised to be very great. An instance of this occurred while Sir George was on his way to Upper Canada. On the 17th of February, Lieutenant-Colonel Pearson, com- manding at Prescott, proposed to him an attack upon Og- densburgh, which was then slightly fortified, and was a ral- lying point for the enemy. Indeed, an attack had some days previously been made upon Brockville, by General Brown, at the head of some militia from Ogdensburgh, and Colonel Pearson thought that the sooner an enemy was dislodged from a position exactly opposite his own and only separated by a frozen river, three quarters of a mile in width, the more I8t;'>. 1818. AS8ALLT AT OUDENSULKli. 211 rated more secure he would have felt liimselt' to be, iiud the less duui^er wouhl there liave been of the communication between the Upper sind Lower provinces of Cana(hi, l)oini;' interrupted. General Prevost would not con^^ent to an attack, but he al- lowed a demonstration to be made by Colonel McDonnell, the second in comiuand at Prescott, so tliat the enemv might exhibit his strength, and his attention be so much engaged that no attempt would be made to waylay the Governor General, on the infoi-mation of two deserters from Prescott, who would, doubtless, have informed the comman- dant, at Ogdensburgh, of Sir (ieorge's arrival and of his chief errand. Colonel McDonell moved rapidly across the river, and on landing, was met by Captain Forsyth and the American forces under him. A movement designed for a feint, was now converted into a real attack. Colonel McDo- nell, as he perceived the enemy, still more rapidly [)ushed forward, and, in a few minutes, was hotly engaged. The Americans were driven from the village, leaving behind them twenty killed and a considerable number wounded. On the side of the British, the loss of Colonel McDonell, seven other ofdcers and seven rank and file had to be de- plored, while forty-one men were wounded. The attack was most successful however. Eleven cannons, several hundred stands of arms, and a considerable quantity of stores fell into the hands of the victors, while two small schooners and two gun-boats were destroyed in winter quarters. Recruiting and drilling were being briskly carried ou about Quebec and Montreal. Some troops began to arrive, about the beginning of March, from the Lower Provinces. The 104th regiment had arrived overland from Fi*edericton, in New Brunswick, by the valley of the St. Johns River, ' through an impenetrable forest, for hundreds of miles, to Lake Temiscouata, and from thence to River-du-Loup, pro- ceeding upwards along the south shore of the St. Lawrence. A month later and the Americans were ready to resume , the offensive in Upper Canada. The American fleet, con- sisting of 14 vessels, equipped at Sackett's Harbour, situated 212 CAl'TUKE OF TOKONTU. 1813. lit the foot of the lake, and not wry iUr (Voni Kinp^ston, in a direct lino aeiH)^!*, Hailed from the harhour under Commo- dore Clin net.'}', witli Hoventoon hundred men, coninianded by GcnoralH Dearborn and Pike, t(> attack York, (now Toronto.) In lu'o duvs the ticot was olo-ne in .shore, a little to the wuHt- v.'ard of (Til)raU:ir Strait. A landinc^ wani noon eifeetcd at the Fr>.Micli fort of Toronto, about three miles below York, under cover of the lc'his of the fleet, but the enemy's ad- vance was afterwards stoutly opposed. Six hundred militia men altogether, inehidlnfif the grenadiers of the 8th regi- ment of the line, could not long withstand seventeen hun- dred trained troops. They withdrew and the schooners of the fleet approaching close to the I'ort, commenced a heavy cannonade, while (reneral Pike pushed forward to the main works, which he intended to carry by storm, througli a little wood. As General Sheafle, in command of the British, re- tired, and as General Pike, in command of the Americans, advanced, a powder magazine exploded which blew two hundred of the Americans into the air, and killed Pike. Of the British, fully one hundred men were killed, and the walls of the fort were thrown down. The Commodore was now in the harbour. And General 8heafl:e seeing that not the remotest chance of saving the capital of Upper Canada, now existed, most wisely determined to retreat upon King- ston, lie accordingly directed Colonel Chewett, of the mi- litia, to make arrangement for a capitulation, and set off with his four hundred regulars for Kingston. By the capi- tulation, private propert > was to be respected, and public property only surrend .rod. The gain was not great, if the moral effect of victory be not considered. The victors car- ried off three hundred prisoners, and the British, before re- treating, had considered it expedient to burn a large armed ship upon the stocks, and extensive naval stores. The Clerk of the House of Assembly of Upper Canada, a volunteer, fell during the struggle. In all, the British loss was one hundred and thirty killed and wounded. It is said thnt General 8hf*nffe ^ulferod sevcrolv n th»? I8i;>.. loKT uK(.>n«n; blown vir 218 public estimation, bconuso ho rotrontoil. The public Imd forgotten that he IkrI killed and destroyc'l luorc Aincncana than hud fallen on the side of the Unti.sh. Xor did it occur to them that had their pMicral ni>t retreated, and rajiitu- lated, an nrnuHl Heel wa.j in the haibour, which it \vi;.s iui- poci.sible to drive out, evv n liad the fort lui'n .-tandin^ir, or had there been ,t!:reat i?;uns, wiih wliich earth batteries could have bi'.en formed, it h.i 1 not onMin-i'd to the piildic of Lower Canada that if York inid been burned, Shealfc's re- treat to Kin;i;8ton, woidd have been no k'.-s-i iin^xu'utive than it waa. Jle was, however, Hupersedi'd in the command in chief of Upi)er Canada by Major General De Rotteidiurgh. The American Heet landed the troo]»H at Niapira alter tlii-s success, and then sailed for Saekett'.s Harbour for reintorco- ments. The Commodore, an energetic, clearheaded sailor, Bcnt two of his vessels to cruise off the harltour of King- ston, vigilantly, and then sent vessel after vessel, at his con- venience, with troops, up the lake to Michigan. There he concentrated the whole of his ships, including his Kingston cruisers, for an attack upon Fort Ueorge, in combination with the land force under General Dearborn. The British were under the command of General Vincent, who could not muster above nine hundred soldiers. It was early on the morning of the 27th of ^lay, that the enemy began the attack. The fort was briskl}- cannonaded, and during the fire, Colonel Scott, with a body of eight hundred American riflemen, effected a lauding. But they were promptly met by the British and compelled to give way, in disorder. The Americans retreated to the beach and crept under cover of the bank, from whence they kept up a galling fire, the Bri- tish troops being unable to dislodge them, on account of the heavy broadsides of the American fleet, formed in Cres- .cent shape, to protect their soldiers. Indeed, under cover of this fire from the fleet, another body of the enemy, num- ^riqg ten thousand men, effected a landing, and the British were reluctantly compelled to retire. General Vincent blew ^p the fort and fell back upon Burlington Heights, ov«ry •214 I'Hi: AMERICANS .-trnPRlSFD. 1813. inch of ground beinoj .stoutly contested. Flushed with sue- of'ss, Dearborn, the American General-in-Chief, now confi- dently anticipated the conquest of the whole of Upper Ca- na THK AKVAIH oF SACKKTT!? II A R DO i; P.. 1S13. It I :■, I m. formidable naval establishment of the tnieniy would bi» temporarily rendered worthless. And the expectation was not an unnatural one. It was, indeed, in a trilling degree, realised. There was some injury done to Saekott's Harbor, but not of such a nature as to produce a strong effect upon either Canadian minds or American nerves. A number of boats, containing troops, from Oswego, were dispersed, while doubling Stoney Point, and twelve of them, with 150 men on board, captured. But the loss to the British was the delay caused by such an unlucky acquisition. The landing was deferred by it. General Brown was put on the alert.. He had time to make arrangements and to collect troops. He planted 500 militia on the peninsula of Horse Island, which is a sort of protection wall for the ^^ST. 217 the 8U.s))iciou8 nniid of Prevo-;t tUnciod a snare, lie f»aw the regular soldiery of the oiieiay staiidinc; unmoved; he had learned that a reghnont of American retrniars, under Colonel Tutle, were marching at double i^tep, to the scene of action ; and he fancied that the retreating militia were not at all afraid but brilliantlv executing a ('ircuitous march to gain the rear of the British line, and cut oif their retreat. It was true Fort Tomkins was about to fall into British hands. Already the officer in charge of Xavy l*oint, agree- ably to orders, and supposing the fort to be lost, had set on fire the naval magazine, containing all the stores captured at York ; the hospital and barracks were illuminating the lake by their grand conflagration ; and a frigate on the stocks had been set on fire, only to be extinguished, when Sir George Prevost's mind became unsettled, concerning the ulterior designs of the enemy. In the very moment of fully accomplishing the purpose of the expedition, he ordered a retreat ; the troops were re-embarked without annoyance ; the fleet returned safely to Kingston, and the Canadian*-* public suspected that Sir George Prevost, as a military com- mander, had been weighed in the balance and found want- ing. They felt, indeed, mrst acutely, that Major General Isaac Brock was dead, and that he was not replaced by Sir George Prevost. In the west, the Americans, under Harrison, exerted themselves to recover Michigan. They were blockaded, it is *^rue, and inactive witlnn Fort George, but, on Lake Erie, the war was vigorously prosecuted. General Proctor was kept particularly busy. The Americans were inconveni- ently near. They showed no disposition to move. They had settled down and were practicing masterly inactivity at Sandusky. Proctor determined upon disturbing them. He moved rapidly upon Lower Sandusky, and invested it with five hundred regidars and militia, and upwards of three thousand Indians. The Indians were commanded by Te- cumseh. Having battered the fort well and made ft breach Proctor determined upon carrying the place >vy assantt. The 218 UNSUCCESSFUL ASSAULT UPON SANDUSKY. 18ia. Indians, however, were worthless for the assault of a forti- fied place. Concealed in the grass of the prairie, or hidden in the trees of the forest, they could fire steadily and watch their opportunity to rush upon the foe, but they had a horror of great guns and stone walls. They kept out of range of the American cannon. Nothing could induce them to con- sent even to follow their British allies up to the breach. The assault was, nevertheless, determined upon, and Colonel Short led the storming party of regulars and militia. Under cover of tlie fire of cannon the gallant band reached the sum it of the glacis and stood with only the ditch between them ' 'he fort. The heavy fire of the enemy upon men in a po.sT' in so exposed at first produced some confusion ; but the storming party soon rallied and leaped into the ditch. It was then that they were smitten with such a fire of grape and musketry as no men could long withstand. The assailants retreated, leaving Colonel Short, three ofiScers, and fitty-two men dead in the ditch, and having forty-one of their number wounded, General Proctor, finding his force inadequate to carry the fort by assault, raised the siege and retired to Amherst- burgh. Although it was all important to have and maintain the command of the lakes, very little was done by the British with that view. It was especially necessary to obtain the command of Lakes Erie, Ontario and Champlain. No great aggressive movement could have been easily eftected while the British had the command of the lakes. But on Lake Ontario the British fleet was inferior to that of the Ameri- can, the American Captain Perry had almost established himself on Lake Erie, and on Lake Champlain the British had not a single vessel larger than a gun-boat, and very few of them. The excuse was that every vessel cost a thousand pouuds a ton ; that timber, nor iron, nor anything required for shipbuilding was obtainable in a province which was even then compensating for the check in the Baltic timber trade, in a province which abounds in iron, and was then 181U. IHi:^.. riTUPTDTTY OF THE i:X(3Lr.SII MIMTAHY I)i:P AHTMKNTS. l'l*.> forti- idden watch lorror nge of con- i. The lolonel Under 3d the etween m men fusion ; nto the 1 tire of I. The officers, >'-one of irry the mherst- tain the British the To great Id while in Lake I Ameri- [ibUshed British rery few lousand required Ich was timber ks then <|nite capable of buildino- liirioivc(l for 38 ginis, she earriud o'2. When the Tenaios liud pnt to sea, Ca[>ui'n .Broke sent in u challenge to Captain Lawrence, of the Chcsapcohe^ entreat- ing him to try the fortnnos of their respective flags in even combat. The CAr.sy/^x'rt/v had 49gnns. Captain Broke immediately lay close into Boston Light House, and the Chesapeake was quickly under weigh. It is said that Cap- tain Lawrence had not received the challenge of his op- ponent when he stood out of the harbour, but, however that may be, the Chesapeake was escorted to sea l)y a flotilla of barges and pleasure boats. Victory, indeed, was considered certain by the Americans. Nay, so very certain were the inhabitants of Boston that the Shannon would either be sunk or towed into port that, counting their chickens before they were hatched, they prepared a public supper to greet tlic victors on their return to the harbour, with their prisoners. It was otherwise. Captain Broke saw with delight, from the masthead of the Shannon, that his challenge was to bo satisfactorily replied to. The Shannon wna cleared for ac- tion, and waited for the Chesapeake. She had not long to wait. The Chesapeake came bowling along with three flags flying, on which were inscribed — " Sailors, rights and free trade." The Shannon had her union jack at the foremast, and a somewhat faded blue ensign at the mizen peak. There were two other ensigns rolled into a ball ready to be fastened to the haulyard and hoisted in case of need. But her guns were well loaded, alternateh- with two round shot and a hundred and fifty musket balls, and with one round and one double-headed shot in each gun. The enemy hauled up within two hundred j^ards of the mizen beam and cheer- ed. The Shannon cheered in return, and then the bravest held his breath for a time. A moment more and the Shan- non's decks flashed fire. "With deliberate aim each gun along her sides was discharged, and the enemy, in passing, fired with good eft'ect his whole broadside. The Shannon's shot, however, told upon the rigging of the Chesapeake, and upon her men, and after two or three broad sides, the Chesa- 00.1 TIIK flGHT — TIIK THILMI'II. 1818. peakc in atteiiiptiiii!: to haul licr tbrosjiil up lull on board tlit? Shminon, wlioso starbounl bower anchor locked with the Shannon'fi mizeii chains. The irreat guns, with the exception of the Shannon s two aftermost ufuns ceased tirinji. The Chesapeake's btorn was beaten in, and her decks swept. There w^as now a siiarp fire of musketry from botli sides, but (yaptain Broke perceivine; that the Chesapeake s men liad left their guns, called up his boai'ders, at the same time or- dering the two sliips to be lashed togetlior. And Mr. Ste- vens, the Shannon's boatswain, set about the execution of the latter order. Tlis left arm was hacked off hy the ene- my's marines, and heAvas mortally wounded by a shot from the Chesapeake's tops. He proceeded, nevertheless, in fast- ening the two ships together, and then dropped in death between the vessels. Captain Lawrence was wounded and carried below, when Captain Broke, at the head of his boarders, leapt upon the Chesapeake's quarter-deck. The enemy's crew were soon oveqDowered and driven below. Forcing his way forward, the Shannon's men shut down the Chesapeake's hatches and kept up a fire on the men in the tops, while the Shannon's men at the same time, under Mr. Smith, forced their way from the foreyard to the Chesa- peake's mainyard, and soon cleared the tops. Captain Broke was at this time assailed furiously by three American sailors, who had previously submitted, and w^as knocked down by the butt end of a musket, but as he rose he had the stisfac- tion of seeing the American flag hauled down and the proud old British union floating over it in triumph. Fifteen mi- nutes had only elapsed and the Chesapeake was entirely in the hands of the British. There was one lamentable mis- hap. Lieutenant Watt, who hauled down the enemy's co- lours was, with two of his men, killed by a discharge of musketry from the Shannon's marines, in the belief that the conflict still continued. The Chesapeake had forty-seven killed and ninety-eight wounded, and the Sliannon lost in killed twenty-four, while tifty-uine had been wounded. It was so ascertained that on equal terms England stiU held 1813. "ARdUs" A "PKLTCAN" — "boxer" & "UNTERI'RII=5E." 225 tlio suproiiiaov of tlio seas, and tlio exultation in Fjnu;land was so icrout tliat cvorv ri'dit-minded man wont with the government wlien tliey made ('Uptain Broke a ))aronet. The hroadside ujuns ol' the S/unnvm were 25, of tlie OlH^na- 2)€o.kc25; the wcii^ht of metal in the former was 538 Ihs., and of the latter 590 lbs. ; while the Shamion had 30(1 and the Chcmpmke 370 men. The C7tf.w/>m/ir was carried into Halifax, where her jjjal- hint, gentlemanly, and ill-starred commander died and was buried, with full military honors, in the presence of all the British oiHcers on the station, who uncovered themselves as they laid into the grave all that was earthly of their noble foe. The tide of fortune on the sea had now turned in favor of Great Britain. On the 14th of August, the Argus, of twenty guns, employed in carrying out Mr. Crawford, the Ameri- can Minister to France, was met after having landed the minister off St. David's, at the mouth of the Irish channel, by the British brig Pelican^ of eighteen guns, more heavily armed, though carrying fewer guns, and better manned than the Argus, so that, everything considered, the vessels were tolerably well matched. As a matter of course they fought, and the Pelican, one of the improved brigs, soon out-man- ceuvred and raked her antagonist. Captain Allen, of the Argus, fell at the lirst broadside. The Argus was ultimately obliged to surrender with a loss of six killed and seventeen wounded, her opponent having only three killed and live wounded. It was not longafter this that the Britio It brig Boxer, o^ only fourteen guns and 8ixt3'-six men, leil a prize to the American brig Enterprise, of sixteen guns and one hundi-ed and twenty men, but afterwards, throughout the war, single combats, where there was even an approach to equality, terminated in favor of the British. Captain Bljiihe, of the Boxer, and the commander of the Enterprise, Lieutenant Burrows, were buried in one grave, at Portland in Maine, with militarv honors. z IJi'C IHAVtM.INU — THh; TflOl'SAND ISLANDS. I8i8. 'riiua wore the favors of Mars ytill huUiiiciHl witir tolerable liiirness between the combatants. Between Upper and Lower Canada the eoninuinieation by either land or water, in summer, was very imperftict, during the war. There was then no Kidcan Canal, connect- ing Kingston with the Ottawa and the St. Lawrence. And there was neither the Laeiiine, the iieauhariK 'hi Corn- wall nor any other canal by which tlie dangers cmO ditKcul- ties of the St. Lawrence rapids might he avoided. Only batteanx and canoes j)lied between Upper and Lower Ca- nada. A kind of Hat-bottomed boat, of li'Dm Jjr> to 40 feet in length, and about six feet beam in the centre, carrying from four to four and a half tons, was only avjillahle for the transport of passengers, goods, wares, and merchandise. The boat was worked by oars, a mast and sail, drag-ropes for towing, and long poles for pushing them through the rapids, while the bow was kept towards the shore by a tow line held by the boat's crew or attached to hor.' ^. From ten to twelve days were occupied iu the voyag m Mon- treal or Lachiue to Kingston. To convey stores irom La- c'hiue to Kingston, during the war, required some tact. On one side of the river were the British batteries, while ex- actly opposite was an American fort or earthwork, which as the batteaux poled past Prescott or Brockville, could throw ft round shot or two in their immediate vicinity without very much trouble. Indeed the Americans did very quietly send one or two cruisers and privateers to dodge about that marine paradise, the Thousand Islands, forming the delta of Lake Ontario, and covered to this day with timber to the water's edge, islands of all sizes and of all forms, gently rising out of the limpid rippling stream, or boldly standing forth from the deep blue water, presenting a rugged, rocky mo88-ciad front to the wonderstruck beholder. On the 20th of July, some cruisers from Sackett's Harbour, succeeded in surprising and capturing, at daybreak, a brigade of bat- teanx laden with provisions, under convoy of a gun-boat. They made off with their prize to Goose Creek, which is not 1813. aoOSB CREEK — THE ATTACK. 007 fjvr from (umaiiCKHH'. At Kin^fiton tlio loss of the sujtplics was Hooii uscortaiiu'd, ami Lieutoiuuit tScott, of tlio Uoval Navy, wiirt (lesjtjitchod with a detuohnient of tho lOOth ivai- munt, ill Lcmi-l'oats, to intercept tiio pluiulon'rH. At the lower end of Lowj; Island, he uHcertainrd the retreat of tho enemy, and waited patiently for the morniiio;. In the even- inir, utili later, a fourth gun-hoat with a detachment of the 41rtt regiment came n[», and liaving parsed the night in l)right aniicipations of glory, the rescuing gnn-hoats pro- ded at th th( Creek'. T morning to ijroose had gone well up and had judiciously entrcmched th< m- selves hehind logs, wliile they had adopted the Russian plan of blocking up the entrance to their harbor where the Creek became so narrow that the attacking gun-boats found it ne- cessary to pole up even that far. Lieutenant tScott set his men to work, to remove tlie barriers to his ingress, but a brisk fire soon caused him to desist, and indeed he was very nearly disabled. The only gun-boat that could be l)rought to bear upon the enemy was already disabled, and the con- sequences might have been disastrous but for the gallant conduct of the soldiers, who leaped from the sternmost boats, up to their necks, carrying their muskets high over- head, and charged the enemy on landing, causing them to retreat with precipitation behind their entrenchment. While this was being done, the gun-boats were got afloat and put to rights, and the soldiers expeditiously re-embarking the re-capture of the provisions was abandoned. Captain Milnes, a volunteer aid-de-camp to the Commander of the Forces, was killed. A second boat expedition from Kingston failed, Sir Jamea Yeo, conceived that he might out cut of Sackett's Har- bour the new American ship Pike, the equipment of which Commodore Chancey was superintending. He arrived at the mouth of the harbor, but the enemy having accidentally heard of his errand, Sir James abandoned a scheme that could only have been effected by surprise. In July, the American fleet appeared on the lake with augmented force. 228 YORK — CAriURE OF THE "JULIA & " GROWLER 181 a. Colonel Scott, with a company of artillery and a considera- ble number of other soldiers was on board, en route for Bur- lington Heights. He was n^ost anxious to destroy the Bri- tish stores there, the more especially as the place was only occupied by Major Maule, at the head of a small detach- ment of regulars. Lieutenant-Colonel Harvey, the Deputy Adjutant-General of the army, shrewdly suspecting the de- sign of the enemy, despatched Colonel Battorsby from York, who arrived in time to re-inforce Maule. Scott made no attack, but with the advice, or at all events, the concur- rence of the commodore, did a much wiser thing. The ex- pedition sailed upon York, which Lieutenant-Colonel Bat- tersby had evacuated to save Burlington. A landing was effected at York, of course, without opposition ; the store- houses, barracks, and public buildings were burned, and such stores as were worth carrying away, taken. In Lake Champlain, on the same afternoon. Colonel Murray aud Captains Everard and Pringle were retaliating at Plattsburg, Burlington, Champlain, and Swanton. Commodore Chan- cey having effected his purpose sailed for Niagara, whither he was followed by Sir James Yeo, and /ooked in upon on the 31st of July. Chancey, without loss of time, raised his anchors and stood out of the bay, bearing down upon the Ki'itish squadron. Sir James manoeuvred, keeping out of range, and indeed coquetted with the enemy, until he had an opportunity of pouncing upon two of his vessels, the Julia and Growler^ which he cut off and captured. He still pursued the same tantalizing course of action, and Com- modore Chancey became completely disheartened, when the Scourge of eight, and the Hamilton of nine guns, in endea- vouring to escape from the British, capsized under a press of i3ail, and went down, all hands perishing, except sixteen who were picked up by the boats of the opposing squadron. Immediately after this disaster he stood off for Sackett's Har- bour, and arrived there on the 13th of August. He merely took in provisions, however, and again sailed for Niagara, arriving there early in September. On the 7th the British 1813. KNCJAOEMENT ON LAKE ONTARIO — THE Mlt^IIAP. 229 fleet appoured olt' the harbour, and Ohancey stood out into the lake. The two fleets manccuvred as before, avoiding close quarters, and indeed, for full five days, hardly ex- changed a shot. But on the 28th of September, the fleets approached each other, and a sharp engagement ensued be- tween the two flag ships. The Wolfe, in which Sir James Yeo's pendant was hoisted, lost her main and mizen top- masts, and only that the Roijal Georr/c ran in betwce!i the Wolfe and the Pike, enabling the former to haul olf and repair, the British flag ship would have been captured. As it was. Sir James Yeo made off with his fleet to take refuge under Burlington Heights.* Soon after, the American fleet took troops from Fort George to Sackott's Harbour, from whence an expedition was being fitted out, in the way, cap- turing five out of seven small vessels, from York, contain- ing 250 men of DcWatteville's regiment, intended to rein- force the garrison at Kingston. On the lakes of Upper Canada, the fair face of fortune was turned away from the British. As yet the capricious lady had only frowned, but now she was positively sulky. A serious and indeed dreadful disaster, which could not be afterwards repaired, but entailed loss upon loss to the Bri- tish, occurred on Lake Eric. The British provinces were indeed exposed by it to the most imminent danger. At one blow all the advantages gained by Brocke were lost. On Lake Erie as on Lake Ontario, both the British and the Americans exerted themselves in the construction of war vessels. The groat drawback to the British was the want of seamen. Captain Barclay, when appointed to the com- mand on Lake Erie, in May, took with him fifty English seamen, to man two*hips, two schooners, a brig and a sloop, the rest of the crews being made up of 210 soldiers and 80 Canadians. Captain Perry, the American commander, had two more vessels, an equal number of guns, double the weight of metal, and was fully manned by experienced sea- • The fleet conslstcil of the IVolfc 23 ; tlic Roijal (korgc 22 ; the MclvUlc 14 ; the Eart Moira 11; th<; Sir Sijdnvy Vwiit/t I'l: and the Iknxfuid 13, ■ #■■ 280 r.ARCLAY AND PKRRY. 1818. ■i * r If ' 1 I men. Captain Barclay sailed from Amherstburgh and stretched his little squadron across the entrance to Presque Isle. The American squadron, under Perry, was riding at anchor, un ^ble to put out, because the bar at the entrance of the harbour prevented it from crossing, except with the guns out, an operation not considered perfectly safe when done in the face of an enemy. Captain Barclay was under the necessity of momentarily leaving his station, and his opponent. Perry, crossed the bar. Barclay in turn became the blockaded party. He made with all haste for Amherst- burgh and was shut in by Perry. Bl .ay practiced his soldiers at the guns, and learned his Canadians how to han- dle the ropes. He was indefatigable in his exertions to render his crew as efficient as such a crew could be made on shipboard. He yet feared to meet Perry and his picked crews, but his provisions fell short, and he was compelled to put out. The result was a battle, the last thing to have been desired, where so much depended on the issue. Vic- tory was stoutly contested for on both sides. At 11 o'clock, on the forenoon of the 10th of September, the American squadron, consisting of nine vessels, and the British squa- dron, consisting of six vessels, formed in lines of battle. At a quarter before 12, Captain Barclay's ship, the Queen Charlotte, opened a tremendous fire upon the Lawrence, the flag ship of Commodore Perry. The Lawrence was torn to pieces. She became unmanageable. Except the Commo- dore and four or five others, every man on board was either killed or wounded. Perry abandoned her, and the coloura were hauled down ; but he only left one ship to rehoist his flag in another, as yet untouched. He boarded the Niagara, of twenty guns, and a breeze springing up behind his ships, which as yet had not been in action, he obtained the wea- ther gage of the British, and made it necessary for them to wear round. It was in the endeavour to execute this man- oeuvre that Barclay lost the advantage. His inexperienced and, therefore, somewhat awkward sailors, became flurried, and the vessels fell foul of each other. They were tor the 181.". THE BATTLE — THE AMERICANS VICTORIOUS. 231 most part jammed togetlier. with their bows lacing the enemy's broadside. Captain PeiTy saw his advantage and raked the Detroit, the Queen Charlotte, and Lady Prevost, at pleasure. The Chippewa and Little Belt had been separated from the other ships, and were liotly engaged by the Ame- ricans. The Britisli line was, in a word, broken. The car- nage was now dreadful, and the result awfully disastrous to the British. Barclay fell, severely wounded. Ever}' officer was either killed or wounded. And two hundred out of three hundred and fortv-live men were in a like condition. For three hours the battle raged, but at the end of that time the British squadron was capsized, and Perry, in imitation of Julius Caesar, sent the message to Washington : — " We have met the enemy, and they are ours." Of the Ameri- cans, twenty-seven were killed and ninety-six wounded. This was a sore blow and terrible discouragement to Ca- nada. Supplies of provisions were no longer obtainable by General Proctor from Kingston, and Michigan was, conse- quently, untenable. The speedy evacuation of Detroit, and a retreat towards the head of Lake Ontario, became inevita- ble. Commodore Perry could, at any moment, land a force in General Proctor's rear, and entirely cut him oif from Kingston and York, and the lower part of Upper Canada. General Proctor at once retreated, abandoning and destroy- ing all his fortified posts, beyond the Grand River. He dis- mantled first Detroit and then Amherstburgh, setting fire to the navy yard, barracks, and public stores, of the latter place. And he had just done so in time. . As soon after the destruction of the British fleet, as circumstances would per- mit, Commodore Perrj'^ transported the American forces, under General Harrison, from Portage River and Fort Meigs, to Put-in-Bay, from whence they were conveyed ta Amherstburgh, which they occupied on the 23rd of De- cember. Proctor retreated through woods and morasses, upon the Thames, hotly pursued by Harrison. The brave Tecumseh, at the head of the Indians, endeavored to cover his retreat. But on the 4th oi' October, the enemv came so 232 proctor's retreat — Kentucky mounted rifles. 1813. w > close upon the British rear as to succeed in capturing all their stores and ammunition. Destitute of the means of subsistence, worn down with fatigue, and low-spirited by misfortune. Proctor came to the determination of staking all on the hazard of a die. He resolved upon bringing the enemy to an engagement, and took up a position near the Moravian village upon the Thames. Tecumseh and his Indians assumed a position, well to the British right, in a thicket. Prescott di'ew out his right in line on a swamp, and supported it by a field piece, while liis left stretched along, towards the Thames, supported by anotlier field piece. The ground was not well chosen. Between Proctor and his enemy there was a diy or rather elevated piece of ground, covered with lofty trees, Avithout underbrush. On the fol- lowing day the enemy came up. Ilarrisoji drew up his army in two lines, the cavalry in front, and ordered the Kentucky Riflemen, commanded by Colonel Johnson, to charge the British, which they could not so easily or eftectually have done, had the British been either on the summit of the wooded knoll or some distance behind the swamp. The Kentuckians slowly advanced through the wood, receiving two vollics from the British line, before they were out of it. It was then that they dashed forward at full speed, broke the British ranks, and wheeled about. Taken, as it were, suddenly, in the rear, Proctor's men became confused. To resist or to retreat was equally impossible. They could only retreat by forcing the American infantry, in front, and they could only resist by facing the Kentucky Riflemen in the rear, who had already ridden through them and had now raised their rifles to decimate them. The British threw tlown their arras and the Indians, with the exception of Te- cumseh and a chosen few fled, yelling, through the woods. Tecumseh fought desperately, even with the mounted rifles. He sprang upon their leader, Colonel Johnson, wounded him and pulled him to the earth. But, at this moment, .lohnson's faithful dragoons spurred to his rescue. Tecum- seh Wilt* surrounded and pierced with buUetf^. Raising his 1813. DEATH OF TliCUMSEII — FLIGHT OF PROCTOll. 233 handa aloft, to the great Father of all, this faithful ally and courageous savage, gave one last, stern, defiant look, at the foe, and breathed no more. General Proctor and his per- sonal staff, with a few men, had previously sought safety by flight to Ancastcr. And this remnant of the right division, including Proctor and seventeen otficers, amounting to only two hundred and forty-six men, arrived at Ancaster on the 17tli of October. Harrison was greatly superior in numbers, and had ca- valry, which Proctor was entirely without. The Kentucky cavalry were accustomed to fighting in the forest, and were expressly armed for it. Proctor did not exhibit ordinary judgment in his selection of ground. lie had hardly time to cut down trees and to entrench himself, and the proba- bility is that he was not aware of the enemy's possession of cavalry, and therefore was less prudent in liis choice of ground than otherwise ho would have been. Harrison, the American commander, had no less than 3,500 men with him, and as he captured only 25 British officers and 609 rank and file, all that surrendered, while two hundred and forty-six in all only escaped, the mishap to Proctor who was personally a brave ofliccr, as he had re])eatedly proved, ought not to have excited surprise. But the disaster fol- lowing as it did, and as should have been expected, the ca- lamity on Lake Erie, the Governor-in-Chief was highly in- censed, and nearly sacrificed Proctor to pu])lic opinion. He abused him and his army in no measured terms, in general orders. He contrasted the conduct of the soldiery with that of Tecumseh and his Indians. He charged the Adjutant- General lieiftenstein with gross prevarication. He sneered at the captured, few of whom had been rescued by an ho- norable death from the ignominy of passing under the American yoke, and whose wounds pleaded little in mitiga- tion of the reproach. The officers in retreating from De- troit, Sandwich and ^lalden, seemed to have been more anxious about their ):>aggage than they had afterwards been about their honor. The enemy had attacked and defeated 234 GKNKIUL PKOOTOU KEPRIMANDKD AAU .StSJl'liNDliD. 1813. I! > Proctor and his riu^ht division without a struggle. Ho could not indeed fully disclose to the British army the full extent of disgrace which had fallen upon a formerly de- serving portion of tho army. Sir George Prevost who had himself behaved so well at Sackott's Harbour, and who af- terwards acted so honorablv towards Commodore Downie, at Plattsburgh, did not spare an oiRcer whom he had him- self raised to the rank of Brigadier-General for previous gallantry in the field, and for distinguished success. Nay, he brought him to a Court Martial. The Court found that he had not retreated with judgment and had not judiciously disposed of his force, considering the extraordinary diffi- culties of his situation ; but it further found that his per- sonal conduct was neither defective nor reproachable. He was sentenced to be suspended from rank and pay for six months. George the Tonrth, then Prince Regent, was still more severe upon the unfortunate Proctor. He con- firmed the sentence and censured the Court for mistaken lenity. There was this difference between Sir George Prevostand General Proctor : — Prevost was excessively cautious : Proc- tor was incautious to excess. All Western Canada, with the exception of Michillimac- kinac was now lost to the British. The Americans had hot only recaptured Michigan, but the issue of one battle had given them a long lost territory, and the garden of Upper Canada. Harrison did not move against Michillimackinac, being persuaded that it would fall for want of provisions, but went to Buffalo and from there went to Niagara and Fort George, abandoned by General Vincent, who had fallen back, on hearing of Proctor's discomfiture, on Burlington Heights. In retreating, Vincent sent his baggage on before him, followed by the main body of his araiy, some three or four thousand sickly men, and kept his picquets in front of Fort George to deceive the enemy : seven companies of the 100th and the light company of the 8th regiment, and a few- Indians, more men than Proctor had altogether, constituted 1813. 1813. THE INTL.NDED .VITACK L'l'ON MO.MKLAL. 235 the roar guard, and covered the retreat. The guard was closely pressed by 1,500 of the enemy, under Generals Mc- Clure and Porter, from Fort (jleorge, but the guard managed to keep them in check and enabled Vincent and Proctor to effect a Junction at the heights of Burlington. The rear guard halted at Stoney Creek, but the enemy refused to give battle. The result of these operations, in the northwest, so flattered the Americans as to induce the government at Washington to attempt a more effectual invasion of Canada, General Dearborn had been replaced, on account of ill- health, in the chief command of the armv of the north, bv General Wilkinson. The force intended for the contem- plated invasion of Canada amounted to twelve thousand men. There were eight thousand stationed at Niagara and four thousand at Plattsburg, commanded by Hampton, in addition to which, the forces under Harrison, were expected to arrive in time to furnish important assistance. It was in pursuance of this policy that Harrison suddenly left Fort George for Sackett's Harbour. General Wilkinson was concentrating his forces at Grenadier's Island, which is si- tuated between Sackett's Harbour and Kingston, at the foot of Lake Ontario, and the plan was to descend the St. Law- rence, in batteaux and gun-boats, passing by the forts and forming a junction with Hampton, to proceed to the Island of Montreal. The plan was not by any means an injudi- cious one, and its failure was almost marv^ellous. The ex- peditions were checked, and indeed annihilated by petty skirmishes, and that lack of decision, so fatal to military commanders. Hampton advanced on the 20th of Septenjpi ber. At Odelltown he surprised the British picquet, and from thence he took the road leading to L'Acadie. He liad, therefore, to pass through a swamp, covered with wood, for upwards of five leagues, before reaching the open country. Colonel HeSalaberry had done his best with the aid of his Voltigeurs to make the road a bad one to travel on. In the preceding campaign he had felled trees and laid them ac^ross 23G DE BALABJillllY AND HIS VOLTKJEUUy. 1813. V it, and lio hud dng hcilos here und there, which 80ou eou- taiiied the desired (juaiitity of swampish water and kept the road as moist as couhl l)c wi.shed. It was on the advance of Hampton, guarded l)y a few of the Frontier Light Infantrj and some Indians, under tlie direction of Captain Mailloux. To strengthen Mailloux, Colonel DeSalal)erry with his Vol- tigeurs and the flank companies of a battalion of militia, under Major Perrault, took up a position on both sides of the road among the trees, after the manner of the Indians. Hampton did not like the general appearance of matters and turned off the road, moving with liis Avholo force to- wards the head of the river Chateauguay. DeSalaberry, with his Voltigeurs; also moved upon the Chateauguay. He was ordered, by the Commander of the Forces, to pro- ceed to the enemy's camp at Four Corners, at the head of Chateauguay, create an alarm, and, if possible, surprise and dislodge him. He had only with him one hundred and iifty Voltigeurs, the light company of the Canadian Fenci- bles, and a hun(h'ed Indians, in charge of Mr. Gaucher. / The Four Corners were reached unobserved. But an alarm was instantly given to the camp by the forwardness of an Indian, who discharged his musket without necessity, and without orders. DeSalaberry could now only close up his men and push forward. In a few minutes his brave band ~ were in the midst of the enemy, numbering about four hun- dred, wliom they drove before them, like sheep. His w^eak- ness, in numbers, for only fifty men and a few Indians had come up, was, however, soon apparent, and the enemy came to a halt, and another section of the foe made a movement with the view of out-flanking the assailants. DeSalaberry wisely fell back upon the position, from which he had emerged, upon the camp, at the skirt of the wood, and shortly afterwards the Indians having all fallen back, he retired altogether. The loss was very trifling, but the effect was excellent, both upon the enemy and upon the hitherto untried Voltigeurs. The enemy perceived or sup- posed that he perceived great preparations made to dispute i8in. TIIK BATTLE OF CIIATKAUOIAY. 2.'17 Ijis advanca, iiicli by inch, wliilo the Volti_!]^ourM i)or('eivc(l that men arc liardly aware of how much tlicy ;ii-c cajialtk' of doing until tiiey try. DuSahihorry rcturiiod to Chatoau- guay, breaking up llie road in his rear, and having ascer- tained the road by which Hampton was dctcrnnnod to ad- vance, ho judiciously took up a position in a thick wood, on the left bank of the river Oliateauu-uav, two Icacrues above its confluence with English river. Here, he threw up breastworks of logs, and his front and right flanks were covered by extended abattis. His left rested on the river. In his rear the river being fordable, he covered the ford with a strong breastwork, defended by a guard, and kept a strong piccpiet of Beauharnois militia in advance on the right bank of the river, lest, by any chance, the enemy should mistake the road which DeSalaberry designed him to take, and crossing the ford, under cover of the forest, should dislodge him from his excellent position. Fortune favors the brave, when judicious. Hampton, having de- tached Colonel Clarke to devastate Missisquoi Bay, pre- pared to advance. He sent General Izard, with the light troops and a regiment of the line, to force a militia picquet at the junction of the rivers Outaite and Chateauguay, and there the main body of the Americans arrived on the 22nd. Two days later the enemy repaired DeSalaberry's road and brought fonvard his ten pieces of artillery to withiiT seven miles of DeSalaberry's position. He had discovered the ford, and the light brigade, and a strong body of infantry of the line, under Colonel Purdy, were sent forward on the evening of the 25th, to fall upon DeSalaberry's rear, while the main body were to assail in front. Purdy's brigade lost themselves in the w^oods. But Hampton himself appeared in front, with his brigadier, Izard, and about 3,500 men. A picquet of twenty-five was driven in, but it only fell back upon a second picquet, when a most resolute stand was made. Colonel DeSalaberry heard the firing and advanced to the rescue. He had with him, Ferguson's company of Fencibles, and Chevalier Dnchesnay's and Juchereau Du- 238 EXCELLENT EFFECT OF MUSIC. 1818. V chesnay's conipaiiies of Voltiiyeur.s. lie posted the Fenci- blos, in extended order, every man being ut un arni'H lerigth from his neighbor, in the nigiit, in front of tlie abattis*, the right touching the adjoining wood.s in whicli wonio Abena- (juis Indians liad distrilnited themselves. Chevalier J)u- elieanay's company, in skirmisliing order, in lino extended from the left of the Fencibles to Cluiteauguav, and Juche- reau Duchesnay's company, and tliirty-live militia, under Captain Longtain, were ranged, in close order, along the margin of the river, to prevent a flank Are from the enemy. The Americans advanced steadily, in sections, to within musket shot, aud DeSalaberry commenced the action by discharging his rifle. The greatest possible noise was pur- posely made by buglers, stationed here and there, — on the wings, in the centre, and in the rear. It was indeed diffi- cult to say whether the noise of the bugles or of the firing was the most terrific. The enemy wheeled into line and began to fire in voUies, but threw away their bullets, as the battalions were not fronting the Voltigeurs or Fencibles, but firing needless vollies into the woods, much to their right where they suspected men to be. So hot was the fire of the Voltigeurs, however, that the enemy soon found out his mistake, and brought his vollies to bear, as well as he could, in the right direction. Now, some of the skirmishers, under DeSalaberry retreated, and the enemy cheered aud advanced. Again the buglers sounded the advance, and the sound of martial music echoed through the woods, so that it seemed as if 200,000 men were being marshalled for the fight. It was at this crisis that Colonel McDonell arrived with rein- forcements, and the ardour of the enemy was checked. Purdy, long lost in the woods, was now guided towards the ford by the firing and the music. He drove in Captain Brugueire's picquet, which was on the opposite side of the river, and was pushing for the ford. DeSalaberry sent Cap- tain Daly with the light company of the 3rd battalion of the embodied militia to cross the river and take up the ground abandoned by the picquet. He did bo gallantly, driving l»13. Tllb lANAltlANS VlCTUllK'US. • > 89 buck the AiiierioHr» uclvancfd u;uuri.l, but was ultt'iwarcls compelled to retreat. The eiieiny, as I)iilv retreated, ap- peared on the veri^o of the river. DiSalaberry uave the word to Jiichereaii Duelicsnay to up and at tliuin, and his men, rising from their plaee of eoni-eahiient, poured in u iire upon Purdy's Amerieans, vvliieh vva^ as uncxjteeteii as it was etfeetual. The Americans reeled back and then turned and ran. Hampton seeing Purdy's diseomtiture, slowly withdrew, leaving C'olonel I>eSalaberry, with less than three hundred Canadians, in possession of his })osition, rind with all the honors of victory. The loss was not great on either side. Of the Americans, forty were found dead. The Canadians lost five killed and twenty wouikUmI. For this nicely managed skirmish DeSalaberry was justly loaded with honors, his officers antl men were publicly thanked, and five pairs of colours were presented to the five batta- lions of Canadian embodied militia, by the Prince Regent. Hampton retired upon Four Corners, and afterwards re- treated to Plattsburgh, instead of co-operating with Wil- kinson, as intended. Simultaneously with Hampton's advance upon Chateau- guay, or nearly so, Wilkinson proceeded down the St. Law- rence, with a flotilla of upwards of three hundred boats, protected by a division of gun-boats, until he was within three miles of Prescott, when he landed his troops, and marched down with them, by land, to a cove two miles be- low Fort Prescott, so as to avoid the British batteries. The boats haviug past during the night, without suffering any ^ material injury from the cannonading of the fort. So soon as the American movement was ascertained at Kingston, General DeRottenburg sent the 49th regiment, commanded by Lieutenant-Colonel Prenderleath, the 89th regiment and some Voltigeurs after them. At Prescott, they were reinforced by a party of Canadian Fencibles, and the whole amounting to about eight hundred rank and file, was commanded by Colonel Morrison, of the 49th regiment, aided by the Deputy Adjutant General, Colonel Harvey, 240 WILKINSON S DESCENT OF THE IIAPIDS. 1818. Under tlic oscdrt of a Kinnll ilivision of iruii-boats, com- maiidocl by (hiptiiiii Miilt'astcr, R. X. This corjis of obsov- vation {'Oiitlmicd in imrsiiit of the enemy, and on the 8th of November, came up witli them at Point Iroquois. Twelve liunch'ed of the enemy, under Colonel Maeom]>, had landed on the i)revious du}' on the Briti.sh Hide of the river to drive ott' the Canadian militia, who were collectinij: toijether in considerable numbers, at the head of the Lonsj Sault. Ou the 18th, General Browne's lH\L,'ade, with a body of dra- goons, also landed on the Briti.sh shore ; and the remainder of Wilkinson's troops were hmded at the head of the ISault, under tlie command of Brigadier-Cencral Boyd. Colonel Morrison, of the Stli British regiment, liad land- ed at Hamilton, on the American side, on the 10th, took possession of a quantity of provisions and stores for the American army, and also of two field pieces. Nor was Co- lonel Harvey idle. Ho kept ck)se upon the heels of the enemy. Seing them one evening emerging from a wood, he tried the effect of round shot upon them. They did not at all relish it, and went back again. On the same evening, the opposing gun-boats came into collision and some rounds were tired without any important result. Next day Colonel Morrison pressed the American Genei'al Boyd, so closely that he was compelled to stand and give battle. Boyd's brigade consisted of between three and four thousand men, and a regiment of cavalry, Morrison's entire force only numbered eight hundred rank and file. At two in the af- ternoon, the Americans moving from Chrystlor'-^ Pointy attacked the British advance. The Britii-h r tired slowly and orderly upon the position which hi. ' a markec' out for them. The flank companies of tin Jth, the detach- ment of the Canadian with one field piece, f^omewhat in advance on the road, were on the right ; the companies ol the 89th, under Captain Barnes, mth a gun formed in echellon, with the advance on its left supporting it ; the 49th and the 89th thrown more to the rear, wtth a gun, formed the main body and reserve, extending to the woods, 1813. 1813. riiKY8TLi;n s farm. 241 «j d men, only the af- Poiiit, slowly e<' out eicich- hat in lies ol ed in t; the gun, voods, on the left, whicli were occupiod l)y Volti.jj^oiirs und Indiami. In half an hour the V)attle hecame general. The artillery behaved nobly. Thoy kept up a most steady and destruc- tive fire, and when the American cavalry attempted to charge, thej^ were literally nvowcd down and were com- pelled to wheel about. The infantry charged the enemy's guns and captured one at the point of the bayonet. The Americans had not, apparently, room to act. They were too much cooped up. They attempted to turn the Jiritish flank, but the Voltigeurs and Indiajin, ttecure behind the trees, poured forth a deadly fire and drove them back. The ene- my then concentrated his forces with the view of pushing forward in close column, but the royal artillery, concen- trating their tire upon the solid mass, the Americans re- treated, leaving the British to pass the night without molest- ation, on Chrystler's Farm. Indeed, the American infantry, after leaving the field, re-embarked in great haste, while the dragoons trotted after General Browne, who was on his way to Cornwall, entirely unconscious of disaster. At the bat- tle of Chrystler's Farm, the enemy lost in killed, Brigadier- General Carrington, who fell at the head of his men, and three other officers, and ninety-nine men, and they had one hundred and twenty-one men wounded. On the side of the British, Captain Xairne, of the 49th regiment. Lieutenants Lorimier and Armstrong, and twen- ty-one men were killed, and eight officers and one hundred and thirty-seven men were wounded, while twelve men were missing. General Wilkinson proceeded down the Sault and joined Browne, near Cornwall. Hamptgn was confidently expect- ed. The commander-in-chief had positively instructed his general of division to form a junction with the army from Sackett's Harbour at Cornwall, and he had not come. "Wil- kinson, sick in body, and not a little mortified by the late defeat, did not know very well what to do. To retreat by the way he came was not quite so easy as to advance. The rapids presented innumerable difficulties in the way of a2 242 THK ATTACK UN MONTREAL ABANDONED. 1813. ascent, with an enemy lining the hanks of the river. And that which was more anuo^'ing forced itself strongly upon his mind — the Canadians were both loyal and brave. His agony was most excruciating when he received a letter from Hampton to the effect that the Plattsburg-Grand-Junction- Invading-Anny was marching as expeditiously as circum- stances would allow out of Canada ; that, in a word it had been defeated and was in full retreat upon Cham- plain. An anathema was about to be coupled by the worthy and much irritated commander-in-chief with the name of Hampton, when Wilkinson recollected that he too had been checked in the most extraordinary way, in the very outset of a scheme so well calculated to subdue a coun- try, only occupied by three thousand soldiers, scattered over a frontier of upwards of a thousand miles, and numbers of militia, formidable enough in the woods, but no match for a well disciplined, well provided, and numerous army, in the open field. The British regulars, elated with their late suc- cess, were in his rear. A kind of highland glen was not far in advance. He was fairly puzzled, and altogether wanting in that energy and decision so necessary for success in war. He called a council of his officers and communicated to them his fears. It was unanimously resolved that, for the present season, the attack on Montreal should be abandoned and that the army should cross the river to the American side and go into winter quarters. And accordingly the at- tack was abandoned. The Americans embarked again, and were taken to Salmon River. The boats and batteaux were immediately scuttled; the troops were made comfortable in long log huts or barracks^ with astonishing celerity, and the camp, at French Mills, was as speedily as possible en- trenched. Thus ended a campaign for which the Ameri- cans had made extraordinary preparations, and of the suc- cess of w^hich high expectations had consequently been formed. The failures of Hampton and Wilkinson were in- deed so disgraceful and so humiliating to the Americana that they were only compensated for, in kind, by the no lees 1813. GENERAL DRUMMOND — UPPER CANADA, 24S stupid, disgraceful, and humiliating failures of the British at Plattsburg and New Orleans, with which the American war was, for both Americans and British, unfortunately con- eluded. All chance of invasion, on a grand scale, being now completely gone, the Canadian militia were disbanded for the winter. In December, Lieutenant-Gcneral Dnimmond assumed the command of Upper Canada. He at once proceeded to the head of Ontario, with the view of regaini» g possession of Fort George. He ordered Colonel Murray to advance, which the gallant colonel did, and the American General, McClure, prepared to evacuate the fort. McClure set the village of Newark, the ancient capital of Upper Canada, On fire, agreeably to his instructions from the American Secre- tary at War, with the view of depriving the British army of comfortable winter quarters. He was indeed ordered to lay waste the countrj'^ as he retreated, if retreat became neces- sary. It was on the 10th of December, a bleak, cold winter day, that McClure fulfilled his instructions. One hundred and fifty houses, composing the flourishing village of New- ark, were reduced to ashes, and four hundred women and children were left to wander iu the snow or seek the tempo- rary shelter of some Indian wigwam in the woods. On the 12th of December, the British troops occupied Fort George, there being only five hundred men in all, militia and In- dians, and not long afterwards the gratification of revenge presented itself to the British and vengeance wjis taken accordingly. General Drummond followed up the occu- pancy of Fort George by an attack upon the American fort at Niagara. On the night of the 18th of December, a de- tachment of the royal artillery, the grenadier company of the Ist Royals, and the flank companies of the 41st and 100th regiments, under Colonel Murray, crossed the river Niagara, and were veiy quietly put on shore at the Five Mile Mea- dows, the name of the landing place indicating the distance from the fort. All was still. Every order was conveyed in a whisper. Neither musket clattered nor f^abre clinked. The 244 ASSAULT AND CAPTURE OF FORT NIAGARA. 1813. I 1 \l ' 100th regiment went off in two divisions, one under Cap- tain Fawcett,* and the other, under Lieutenant Dawson, stealthily. They seemed to be creeping past the trees, with the softness of a tiger's tread. The wormlike thread of men wound round picquet after piequet, and throttled the sentries on the glacis, and at the gate. The hearts of the sentries sank within them. They had hardly breath enough left, so terror-stricken were they, to reveal the watch-word, or nerve enough to point out the entrance to the fort. But the watch-word was obtained ; the entrance was pointed out; and the 100th regiment were inside of Fort ll^iagara before a single drum had rolled or a bugle sounded. By the time indeed that the garrison were alarmed the whole British force were in the fort, and, after a show of resist- ance, the Americans surrendered. Only one officer and five men on the part of the British were killed and two officers and three men w^ere wounded in this adroitly managed as- sault. The enemy lost in killed two officers and sixty-five men, and twelve rank and file were wounded. Three hun- dred men were made prisoners. In this affiiir the colonel of the 100th regiment, Hamilton, behaved with distinguish- ed gallantry. The rule of General Drunmiond in Upper Canada had auspiciously commenced. This aftliir was not only brilliant but well managed. The fort was a prize of no ordinary worth. It contained an immense quantity of commissariat stores, three thousand stand of arms, a number of rifles and several pieces of dismounted ordnance. On the works were twenty-seven heavy guns. The greatest possible precautions were adopted to secure success. Major-Gencral Kiall followed Colonel Murray, with the whole body of Western Indians, stout, athletic, * A rather interesting anecdote is told of Captain Fawcett. About the end of the war he had been wounded in the heel, and was staying, in 1815, at Mrs. Matthew's boarding house, in Montreal. At the table d'hote there was a raw- boned young English merchant, who remarked that Fawcett, to have been wounded in the heel, must have been running away. Fawacett's Irish blood rose to hig forehead, and on the spur of the moment he tolled the thoughtles.^ English- man with hi.s crutdi. 1813. NOCTURNAL ATTACK OX BLACK ROCK. 245 brave men, inured to fighting, the let battalion of the Roy- als, and the 4l8t regiment to support him, in case of need. Success had been achieved without the general's aid; but instead of resting satisfied with that which had been already accomplished, Kiall wisely pushed on before the news of the capture of the fort could be spread about, on Lewiston, where the enemy, in some force, had erected batteries, with the view of destroying Queenston. Seeing Riall coming up in their rear, the enemy were compelled to retreat, and they abandoned their position with such precipitation, that two field pieces, with some small arms and stores fell into the hands of the British. It was now that the burning of New- ark was to be revenged. The Indians and the troops were let loose upon the enemy's frontiers and Lewiston, Man- chester, and the country around were laid in ruins. Deter- mined to follow up his success, Drummond proceeded to- Chippewa. He fixed his head-quarters there on the 28th of December, and on the morning after was within two miles of Fort Erie. Without loss of time, he reconnoitred, and finding the enemy's position at Black Rock assailable, he determinedupon a second nocturnal attack. General Riall accordingly crossed the river, with four companies of the King's regiment and the light company of the 89th, under Colonel Ogilvy, and two hundred and flftj^ men of the 41st regiment, and the grenadiers of the 100th regiment, under Major Frend, together with about fifty militia volunteers and a body of Indians. The landing was effected about midnight. As before the advanced guard proceeded cau- tiously but were not quite so successful as before in pre- venting alarm. They surprised a picquet and captured not the whole, but the greater part of it. They did still more. The bridge over the Conguichity Creek was secured in spite of the repeated efforts of the enemy to dislodge the assail- ants. But all did not yet go well with the British. The boats required to bring over a second division had necessa- rily to be tracked up the river as high as the foot of the rapids below Fort Erie. Unfortunately they took the 246 THK RETRRAT OF THE AMKRICAXS. IHia. I * \k • ■* ground and could not be got oft* for a long time. Indeed, morning had dawned before the royals, intended to turn the enemy's position by attacking above Black Rock, while Riall's division attacked below, suftered so severely from the fire of the enemy that a landing was not effected in suf- ficient time for the full accomplishment of General Drum- monds purpose. Riall, nevertheless, moved forward and attacked the Americans. They were strongly posted and in considerable force, but Riall drove them out of their bat- teries at the point of the bayonet, turning the enemy's one twenty-four, three twelves, and a nine pounder upon the now retreating foe. Riall, following up his successes, pur- sued the fleeing enemy into Bufialo. There they rallied, but it was only for a moment. They drew out a large body of fresh infantry, exhibited some cavalry, and fired a few rounds from a field piece, unlimbered on a height command- ing the road. The British still pushed on and the enemy again gave way. They retreated notwithstanding their re- inforcement so hurriedly that the six pounder brass gun on the height, an iron eighteen, and an iron six pounder were left behind. At last they reached the woods and Riall con- sidered that for one day he had done enough, on land. But not yet fully satisfied, he detached Captain Robinson with two companies of the King's regiment to destroy three armed vessels, part of Perry's squadron, and their stores, if it were possible to do so. These vessels were at anchor a short dis- tance below Buffalo, and Captain Robinson did as he was ordered to the letter. From the time of the landing at Black Rock until the full accomplishment of the object of the expedition, with one, not unimportant, exception, the Americans lost from three to four hundred men in killed and wounded, and one hun- dred and thirty men taken prisoners, while the British loss WAS thirty-one men killed, and four officers, sixty-eight men wounded, and nine men missing. The exception to the full accomplishment of the object of the expedition, that is to say, the burning of private property, 1813. TERMINATION OF TIIR CAMPAIGN. 24( was an exception to the general rule of the British army. But as evil, in some cases, must be done that good may fol- low, the rule, now laid down by General Drummond, was to pillage, burn, and lay waste, in retaliation for Newark. In accordance with this new rule, therefore, General Riall set about doing the only thing which he had left unaccom- plished, the destruction of private property. Buifalo and Black Rock, previously deserted by their inhabitants, were set on fire and entirely consumed. Clothing, spirits, flour, public stores, and, indeed, everything which could not be conveniently carried off, fell a prey to the flames. Thus was the campaign of 1813 terminated. It might not unnaturally be supposed that during all this fighting, business would have been nearly at a stand. But so far from such being the case, the war had contributed in no small degree to bring Canada and its capabilities into notice. And it could not be otherwise. So large an expen- diture as that required for the maintenance of the regular soldiery and militia must have made money plentiful, and such as were engaged in trade, whether in Quebec or Mon- treal, undoubtedly profitted by an expenditure almost neces- sarily profligate. On account of the militia alone, the pro- vince expended .£121,366, and the expenditure of the com- missariat department must have been enormous. But the grand source of wealth was the establishment of a kind of National Bank, with specie, to redeem its paper, in the vaults of the Bank of England. The circulation of fifteen hun- dred thousand pounds worth of army bills, all redeemable in cash, with interest, could not have failed to enrich a country in which there were not more than 350,000 inhabi- tants, the greater Humber of whom were actually in the pay of Great Britain, while they had the privilege of attending, unless in extraordinary cases, to their private pursuits. That Canada prospered during the war is undeniable. There was a considerable falling off" in the number of ves- sels cleared at Quebec in 1813, in comparison with the pre- vious year, and which was in some degree attributable to t I / 248 PUOSPERITY OF CANADA DURIxXa THE WAR. 1813. I > It" the risk attendant upon crossing the Atlantic, while the great frigates of the United States were pemitted to prowl about, but the provincial revenue had, nevertheless, in- creased in the course of one year to tlie amount of X30,006, while the provincial expenditure alone was nearly X200,000. Indeed, Montreal, the temporary head-quarters of the com- mander-in-chief, and literally alive with troops, who all ate and drank heartil}^, was making rapid progress in the way of commercial advancement, Mr. Molson gave some indi- cation of the general pi'osperity by placing upon the St. Lawrence a second steamer. On the 4th of May, 1813, the arrival of the Sivifisure is noticed by the Quebec newspapers. The Swiftsure had twenty-eight passengers, besides a Ser- jeant with six privates of the royals, having three Ameri- cans, prisoners of war, four deserters from the 100th regi- ment, and one deserter from the American army, in charge, on board, and had been twenty-two hours and a half in running down. She had a good engine with a safety valve for blowing off surplus steam. The ladies' cabin had eight reposing berths. The gentlemen's cabin was thirty feet in length by twenty-three in breadth, and contained ten berths on each side, and two " forming an angle with the larboard side." The cabin w^as capable of lodging forty-four persons, and the steerage could accommodate about 150. The Smft- sure was in length of keel 130 feet, her length upon deck was 140 feet, and her breadth of beam was 24 feet. Lower Canada was then a wheat growing and even wheat exporting country. So early as 1802, Lower Canada ex- ported 1,010,033 bushels of wheat, besides 28,301 barrels of flour, and 22,051 cwt. of biscuit. In 1810, the value of the exports from the St. Lawrence was Xl,200,000 sterling. And the farmer of Lower Canada profitted in 1814 by the presence of the floating army population almost to as great an extent as the merchant. Both animal and vegetable foods were largely in demand. Sir George Provost, as soon as the temporary cessation of uujtive hostilities, in his immediate neighbourhood, would 1813. PARLIAMENT — IPPIOR CANADA. 249 wheat la ex- rels of of the >rling. y the great letable ion of Tould permit, called a meeting of the Parliament of Lower Ca- nada, for the denpateh of business. Two sessioiiH of parlia- ment had been held in Upper Canada, since tlie commence- ment of the war, one was opened l)y Major General Brock, on the 3rd of Febmary, 1H12, when eleven Acts were passed, and the other by Major General Roger Hale Sheafte, during which other eleven Acts became law. They show the temper of the times. An Act was passed in General Brock's rule'ship, granting a bount}^ for the apprehension of deserters from the regular forces ; another granted £2,000 for the repair of roads an«l bridges ; a third amended the militia law ; a fourth regulated the meeting of sleds on the public roads ; a fifth allowed ,£502 for clerks and the con- tingent expenses of parliament ; a sixth granted £5,000 for the purpose of training the militia; a seventh extended an Act granting a certain sum of money to Ilis Majesty; an eighth granted £1,000 for the purchase, sale, and exporta- tion of hemp, and £423 for the purchase of hemp seed and payment of bounties ; a ninth afforded relief to certain per- sons entitled to claim lands ! a tenth amended an Act for the laying out of highways ; and an eleventh provided for the appointment of returning officers. While General ■Sheaffe was l^resident of Upper Canada, an Act was passed to facilitate the circulation of the Lower Province Army Bills. They were to be received in payment of duties and at the office of the Receiver General. A second Act was passed to empower Justices of the Peace to fine and, in the event of non-payment, to distress the properties of persons offending against the militia laws ; a third Act prohibited the exportation of grain and other provisions and restrained the distillation of spirituous liquors from grain ; a fourth gave a pension of £20 a year to such persons disabled in the war, as had wife or child, to be continued to the widow or the fatherless, in the event of the death of such disabled persons, and disabled bachelors were to obtain, so long as they were unable to earn a livelihood, £12 a year ; a fifth prevented the sale of spirituous liquors to the Indians; a 'il>« m h V A 250 THE PAHLIAMEXT OF LOWKR CANADA. 1814. Bixth continued the Act to provide means for the defence of the province ; a seventh repealed the Hemp Encouragement Acts; an eighth continued the Duties Agreement Act; a ninth amended an Act for tlie better regulation of town and parish ojSicers ; a tenth amended and repealed in part the Act for quartering and billetting the soldiery; and the eleventh granted for the clerks of parliament .£88 Is. 9d. The debates of course were neither animated nor of parti- cular interest. In 1814, the parliament of Lower Canada was opened by the Governor General, on the 13th of January. Sir George could meet the legislature with hearfelt satisfaction and pride. The Canadians had acted nobly, both in the field and out of it, while they entertained for himself, personally, a feeling of respect, which he had done his utmost to win, and which it was his aim to preserve. In the speech from the throne, he congratulated parliament, particularly on the defeat of the enemy at Chateauguay. He alluded triumph- antly to the brilliant victory over Wilkinson at Chrystler's Farm. He rejoiced that, notwithstanding the various events of the past summer, by which the enemy had gained a foot- ing in the Upper province, the theatre of war had recently been transferred to American soil, and that Magara, Black Rock, and Buttalo had been wrested from the enemy by British enterprise and valour. He was proud beyond ex- pression, at the determination manifested by the Canadians to defend to the last extremity one of the most valuable portions of His Majesty's dominions. He trusted to Cana- dian loyalty and patriotism in the expectation that the sacri- fices which the war might yet require would be patiently submitted to. And he would faithfully represent to His Royal Highness, the Prince Regent, the loyalty, zeal, and unanimity of His Canadian subjects. The Houses trembled with emotion. A thrill of intense satisfaction ran through every vein. Sir George had touched that chord in the hu- man heart, which was never touched in vain. He had spoken of patriotism ; he had acknowledged that the brave 1814. THE PPKRCH AND THK UKI'I.Y. 251 were brave imloed ; und he liad adiuittcd tliat tlioso wholiad been represented im troasonuble witic loyal lo tbe core. The House of Assomhly ex{>ro.SHed tlicir sincere acknow- ledgements. They felt themsehxvs to liave been rescued from most unfounded imputations tliat had been industri- ously attempted to be fixed upon them. They were grateful to His Excellency for the good opinion he had formed of them. They would cheerfully co-operate with His Excel- lency in maintaining the iionor and promoting the service of their gracious sovereign. And they further gratefully acknowledged that His Excellency, in his anxious desire to fonvard the prosperity and to preserve the integrity of the province, had been guided by a just and liberal policy to- wards His Majesty's Canadian subjects, by which their loy- alty, zeal, and unanimity had been cherished and promoted, and they were so impressed with the sense of it that, when His Excellency should withdraw, which they hoped would never be, from the administration of the government of Lower Canada, he would carry with him the good opinion and affection of the people over whom he had ruled so conscientiously, so honorably, and so justly. Sir George Prevost could not be othenvise than well satisfied with the addi'ess in reply to his speech. Kindness and conciliation had not been thrown away, but had been met with respect and affectionate regard. The House proceeded almost immediately to business, and had not been long so employed, when His Excellency sent a secret message, asking for an increased issue of army bills, to meet the public requirements. The House at once auth-orised an issue to the extent of fifteen hundred thousand pounds. Afterwards the Assembly adopted a bill to amend the militia laws, which the Legislative Council refused to concur in ; then a bill was passed to diqualify the judges for sitting or voting in the Legislative Council, which the Council also refused to concur in, on the plea that the bill was an interference with the Prerogative of the Crown, and with their privileges ; next a bill was passed in the Assem- 2o-2 rrUU'OSF.D INCOMK TAX. 1814. bly and no2:ativod ]»y the Council, to grunt Mia Majesty a duty on the income arising from civil ofKees, and on pen- sions, to be apjilied for tlu! defence of the province, in the war with the U'nited States ; again the 7\s?enibly adopted a bill for the appointment of a [trovincial agent in Great Bri- tain, whicli the Council also set aside. Surprising as so ob- vious an antagonism between the Legislative Council and Legislative Assembly may seem, it is easily accounted for. The Council were, many of them, placemen, and indeed the immaculate and confidential secretary to Sir James Craig, Mr. Witsins Kyland, also Clerk of the Executive Council, had himself a seat in the LTppcr House, although Mr. Robert Peel, ditiering in opinion with Sir James Craig, did not think that the situation which Mr. Ryland held was quite compatible with a seat in the Legislative Council. Mr. Ryland has ftivored the present generation, through the in- strumentality of a near relative, with a brief review of the political state of the province of Lower Canada, from which some interesting facts can be gathered. He states that the Assembly knew that their bill for disqualifying the Chief Justice and Justices of the Court of King's Bench from be- ing summoned to the Legislative Council, would be thrown out in the Upper House, but that the introduction of such a bill in the Assembly served the purpose which the party who introduced it had in view : it impressed the mass of the people with a disrespectful idea of the judges, preparatory to a grand attack upon the w^hole judicature of the pro- vince. In the bill for appointing an agent to Great Britain, Mr. Bedard, the person who had been under confinement on a charge of treasonable practices, had been named as such agent, and a salary of X2,000 per annum assigned him. Mr. Ryland knew that the Council would throw out the bill. But, says that gentleman, the Council were thwarted, as Sir George Prevost acceded to a request of the Assembly for the appointment of two such agents, whom he accredited to His Royal Highness, the Prince Regent, and the Legislative Council passed several resolves expressive of their astonish- 1814. MK. IlYLANIi AM) THi: I'llUVISCIAI. I^KCRETARY. 253 ment. The Council hunibly coMHidorod His Excelluncy'a acquiescence with tlu* wishes of tlie Assembly to be an une- quivocal uhandonnieut of the "Uiglits" of the Legislative Council, and a fatal dereliction of the tirst principles of the- constitution. And with regard to the income tax, proposed by the Asscnd)ly, Mr. Ryland slates that the whole saving that would have been eti'octed by it, would only have been X2,500 a year, and that the olHccrs of the government who had the utmost difficulty in subsisting on their salaries, would have been, by such a measure, re>erroent of the Union; and had given artful advice to Sir Jam'is Craig, inducing him to send Henry, the adven- larn, on a secret mission, which had exposed His Majes- ty's government to imputations reflecting on its honor, and that he had labored to promote disunion between the legis- lative Council and Legislative Assembly, and had fomented dissensions in the province to prevent a reliance on the loy- alty and bravery of His Majesty's Canadian subjects. Mr. Chief Justice Monk was impeached as an accessory. With the view of effectually prosecuting the impeachment, the House appointed Mr. Stuart its agent, and directed hira to proceed to England, to press upon His Majesty's ministers the necessity of giving heed to the business. £2,000 were awarded for the pavment of the expenses of Mr. Stuart, but b2 258 AN UN'PLEASANT POSITION. 1814 the Council expunged the award from the revenue bill, and there was no more about it, until the House went to the Castle with their Speaker, who presented an address to the Governor General, requesting him to transmit the impeach- ments, and suggested the propriety of the Chief Justices being suspended from the exercise of their powers until the pleasure of the Prince Regent could be ascertained. Sir George Prevost was somewhat taken by surprise. He was in an exceedingly delicate[or rather interesting situation. It was an unpleasant, if not a disagreeable part, which he was required to play. It was, in a word, to make complaint to the Prince Regent of his predecessor. Sir George, however, blandly said that he would take an early opportunity of transmitting the address, with the articles of accusation against the Chief Justices, to His Majesty. With regard to the suggestion of the Honorable House of Assembly, con- cerning the suspension of the Chief Justices, he did not consider it necessary to go to that extreme. The Legis'i- tive Council had not even been consulted with regard to tho articles of accusation ; and he could not think of suspend- ing two officers of such rank, on the complaint of only the third branch of the legislature. In the Assembly, when the Speaker had returned to the chair, there were murmurs, both loud and deep. Mr. Jamea Stuart, seconded by Louis Joseph Papineau, both deter- mined men, and of consummate ability, moved that the charges exhibited by the Assembly against Jonathan Sewell and James Monk, Esquires, were rightly denominated, Heads of Impeachment ; that the House had the right to advise the Governor General without the concurrence of the Legislative Council ; that the House in pointing out the existence of gross abuses, had performed the lirst and most essential of its duties ; that in framing and exhibiting the heads of impeachment referred to in the address to His Ex- cellency, the House had exercised a salutary power, vested in it by the constitution ; and that His Excellency, the Gov- crnor-in-Chiof. had violated the constitutional rights and 1814. CHIEF JUSTICES SEWELL AND M-jXK. 2ry.) privileges of tlic House, by his answer to the adilress. But afterwards, to show that a feeling of respect -was vet felt for His Excellency, greater than any of his predeocf'-ors had ever experienced, the House resolved, uotwithstandinsr the wicked and perverse advice whi'^h he had received, that His Majesty's faithful Commons of C-anada had not, in any res- pect, altered the opinion they had ever entertained of the wisdom of Uis Excellency's administration, and they were determined to adopt the measures deemed nccessar}'^ for the support of the government and the defence of the province. The Governor-in-Chief was, liowever, not by any means pleased with the pertinacity of the Assembly. There were evidently men in the House, who would neither be forced nor persuaded out of certain measures. He hardly knew how to act in tlie emergenc}^ and with his usual caution he did nothing. The Chiewa, and were making prepa- tions to carry that post when they were met by General Riall, with fifteen hundred regular troops, and a thousand Indians and militia, and offered battle. The offer was no sooner made than accepted, and at five in the afternoon, a battle was commenced, which proved disastrous to Riall. The enemy were overwhelmingly numerous. Riall's mili- tia and Indians attacked the American light troops vigor- ously, but they were unable to cope with Kentucky rifle- men, sheltered behind trees. Death came with every rifle flash, and the militia and Indians must have given way, had not the light companies of the Royal ^cotts and 100th regi- ments come to their relief. Now came the main and, on the part of Riall, ill-judged attack. He concentrated his whole force, while the Americans stretched out in line. He approached in column, attempting to deploy under a most galling fire, and the result was, as might have been antici- pated, fearfully disastrous. With 151 men killed and 320 wounded, among whom was Lieutenant-Colonel, the Mar- quis of Tweedale, the British were compelled to retire. Ri- all's object in retiring was to gain his intrenched camp, but General Brown, who now commanded the Americans, dis- covered a cross road, and Riall, abandoning Queenston, fell back to Twenty Mile Creek. The loss of the American? was 70 killed and 9 officers and 240 men wounded. This was the most sanguinary of any battle that had been fought during the war, and the enemy, gaining courage, advanced gradually, and made demonstrations upon Forts George and Mississaga. On the 25th of July, Brown, not considering it expedient to advance and, unsafe to stand still, retreated rt—r-;;rT- 272 TirS HATTLK OF CHII'PEWA. 1814. I" I upon Chippewa, the villaojo of St. David's having been pre- viously set on fire, by a Lieutenant-Colonel Stone, whom Brown compelled to retire from the army for his barbarity. General Kiall now again advanced, when the enemy wheeled about and endeavoured to cut liim oft' from his expected re- inforcement. But he failed in doing so, General Drummond having come up with about three thousand men, of whom eighteen hundred were regulars. The enemy was five thou- sand strong, but General Drummond seized a commanding eminence wliich swept the whole field of battle. Nothing daunted, however, by this superiority of position, tlie Ameri- cans resolutely advanced to the charge, and the action, which commenced about six in the evening, soon became general along the whole line, the brunt of the battle falling, never- theless, upon the British centre and left. General Riall, who commanded the left division of the army was forced back with his division, wounded, and made prisoner, The centre firmly maintained their ground. It was composed of the 89th, the Royals, and the King's regiment, well sup- ported by the artillery, whose guns, worked with prodigious activity, carried great havoc in the enemy's ranks. Brown soon perceived that unless the guns were captured, the bat- tle was lost ; and he consequently bent all his energies to the accomplishment of that object. He ordered General Millar to charge up the hill and take the guns. The order was vigorously obeyed and five guns fell into the hands of the Americans, the British artillerymen being positively bay- oneted in the act of loading, while the muzzles of the Ame- rican guns were within a few yards of the English battery. It was now night and extremely dark. During the darkness some extraordinary incidents occurred. The British having, for a moment, been thrust back, some of the British guns remained for a few minutes in the enemy's hands. They were, however, not only quickly recovered, but the two pieces, a six pounder and a five and a half inch howitzer, which the enemy had brought up, were captured by the British, together with several tumbrils ; and in limbering 1814. 1814. IIIE BATXhK CUMliNliEU. 27". een pre- !, whom arbarity. wheeled Bcted re- immond >f whom Lvc thou- laanding Nothing e Ameri- 1, which ! general ', never- al Riall, 8 forced er, The iposed of ^ell 8up- odigious Brown the bat- ergies to General ►rder was is of the ely bay- le Ame- battery. iarkness I having, Lsh guns They the two lowitzer, by the mbering I. up the Britisli guns, at oiio period, one of the oncniy'ti six- poundor.s was ]>iit, by mistake, upon a Britisli limber, and one of tlie liritisli six-[ionn(lers was liiuberod on one of the enemy's. fSo thai altliou^-h American g'lns liad l)een cap- tured, yet as tlic Americans had captured one of the British guns, the Britisli only ,ii:ained, by the dark transaction, one gun. It was now U o'clock, and there was a short intermis- sion of iirinv loiir i;uil. If^U. IM' rotreut towards Fort Kv'io. (iencnil Druniuoinl (IoiuoIrhI his* light troops, cuvalry, and Indian.s, in pursuit, to harass his rear. Tho Americans lost, i!i this fiercely contested struggle, at least 1,500 men, in killed, wounded, and prisoners: among the wounded were the two generals commanding, Urown and Scott. There were o,UUO Americans engaged, and only 2,800 British. General Drummond received a musket ball in the neck, but, concealing the circumstance from his troops, he remained on the ground until tlie close of the action. Lieutenant-Colonel Morrison, of the 8lHh regiment, Lieutent-Colonel Pearson, Captain Robinson, of the King's regiment, in command of the militia, and several other offi- cers were severely wounded. The British loss, in all, was eight hundred and seventy men, including forty-two made prisoners, among whom were (leneral liiall and his staff. The Americans, now under the command of General Rip- ley, retreated upon Fort Erie, and intrenched themselves in its neighborhood. Gen'l. Gaines then assumed the command at Fort Erie, having come from Sackett's Harbour, in the fleet which was to have co-operated with the army, now cooped up in Fort Erie and altogether indifferent to such co-operation. The fleet went back again. Still following up his successes, General Drummond laid siege to Fort Erie and the intrenched camp near it, and while he was doing so, three armed schooners, anchored off the fort, were captured by a body of marines, who pushed off in boats during the night, under Captain Dobbs, of the Royal Navy. General Drummond did not simply sit down before Fort Erie and the entrenchment, he did his best to effect a breach, and with that view kept up a constant fire from the two 24-pounder field guns which had proved more than ordinarily useful at the battle of Chippewa. It was not long indeed before he considered an assault practicable, lie made the necessary preparations, and on the fourteenth, three columns, one under Colonel Fischer, consistmg of the 8th and DeWatteville's regiment, and the flank companies 18U. Tlli; A^SAfl.T. _ I -I <»t' the HDth ami lOOth rcj^MiKMits, with a ilutaohmnii of urtil- lerv, a socoml iiinler t'olouol J)niimiioii(l, of tlio 104il) reixi- ment. ma"le {\\^ n\' tho llaiik coinpniiios oftlu' -Ust aiul lU4ili rc^'iineiits, with a tow s!';i:in'ii and luaniu's, in ohargo of Captain I.)()hl)>!. aii'l tho orhcr und-T Colonel Scott, consi-t- iM,;LJ^ of his own ro_o:iuient, the lOlJnl, und two companies of the rovah. Colonel Fischer's column u'ained in).ssession of the enemy's liatti.'ries at tlio point assi^^ncd I'oi* its attack, two houi'.s bet"oroUayli,L;'ht, inn the o!lu'i'colnmn.s wt;ru behind time, having' p)t ontanicied \>y niai-chiiiL;' too near the lake, l)etv\'Oon tiio nx-ks and the water, and the enemy hein.Lf now on the alert, opened a heavy tiro upon the leading column of the second division which threw it into coni'nsion. FivS- clier's column had in the meaiiwliilo almost sueeccded in eapturinc^ the fort. They had actually crept into the main fort through tlie embrasures, in spite of every oifort to pre- vent them. Xay, tluw lurned the guns of the fort upon its defenders, wdio took refuge in a stone building, in the in- terior, hud continued to resist. This desperate work continued for nearly r.n hour, when a magazine blew up, mangling most horribly nearly all the assailants within the fort. Ot course there was a panic. The living, surrounded ])y tlie dvius: and tiic dead, the Victims of accident, believed that they stood upon an iid'ernal macliine, to which tlic matcli had only to be placed. No effort conhl rally men imi)ressed with sucli an idea. There w;is a rush, as it were, from ine- vitable death. Persuasion fell on the ears of men wlio could not hear. Persuasion foil upon the senses of men translixed with one idea. Persuasion would have been as eifectual in moving yonder blackened corpse into healthy life, as in moving to a sense of duty to themselves, men who could see nothing but the deadness around them, and whose minds Raw only, under all, the blackess of immediate destruction. Those who were victors, until now, literally rushed from the fort. The reinforcements of the British soon arrived, but the explosion had again given the defenders heart, and they too, having received reinforcements, after some additional 27C A IJHITIHH FLEET ON THE AMERICAN COAST. 1H14. i< I^^m;^ i. struggling, for the mastery, the IJritiHli withdrew. The Bri- tish loss amounted to 157 killed, 308 wounded, and 180 pri- sonorH, among the killed being Colonels Seott and Drum- mond. The American loss was 84 in killed, wounded and missing. A reinforcement was shortly afterwards obtained from Lower Canada. The Gth and the 82nd regiments came in time to compensate for previous losses, but (ilcncml Drum- mond did not consider it expedient to make another attack. His purpose was eqiuvlly well, and perhaps better obtained by keeping the whole Amencan army of invasion prisoners in a prison selected by themselves, on British territory, and from which it was impossible to escape. While these things were transpiring in Upper Canada, public attention was irresistibly drawn in another direction. About the middle of August, between fit\y and sixty sail of British vessels of war arrived in the Chesapeake, with troops destined for the attack on Washington, the capital of the United States, Britain having now come to the determina- tion of more vigorously prosecuting tlie war. Three regi- ments of Wellington's army, the 4th, 44th and 85th, were embarked at Bordeaux on the 2nd of June, on board the Moyal Oak seventy-four, and IMctalor and Diadem^ of sixty- four guns each, and, having arrived at Bermuda on the 24th, they were there joined by the fusiliers, and by three regi- ments, from the Mediterranean, in six frigates, forming altogether a force of three tliousand live hundred men. General Ross commanded the troops ; Admiral Cockbum the ileet. Tangier's Island was fii*st taken possession of, fortifications being erected, structures built, and the British flag hoisted. The negroes on the plantations adjoining were promised emancipation if they revolted, and fifteen hundred did revolt, were drilled, and formed into a regiment. They were useful but exceedingly costly, for on the conclusion of peace the proprietors of the negroes were indemified, and His Imperial Majesty the Emperor of Russia, tlian whom juo one better knew the value of a serf, being tlie referee. 1811. ADMIRAL CUCKIIUIIN A t into eoul'iision, and soon at'thole army was to- tally routed ; and tho enemy were Heeijiij^ past WashiuL^ton, to tlie heiglits of Ceor2:etown, liorso and foot, as fast as fear could carry them. The (hiy was op})ressivcly liot, and the British armv nninlluenced bv I'ear were not al)lc to continue their advance until the cool o[' the eveuin^L!;. They had not "suiiered" at all. The entire loss was only 01 killed and 185 wounded. Bv eidit at niii'ht thev were within a mile of AVashinsrton, and tho main bodv halted. With only seven hundred men General 1-ioss and Admiral Cockl)urn were in the capital of a republic nnmberiiiiT^ eight millions of iidia- bitants, and proud of having in arms the inconsiderable number of eight liundred thousand men, to do with it as Commodore Chaneev and General Dearborn had done to York, the capital of a territory containing ninety-five thou- 8and inhabitans, man, woman, and child ! half an hour af- terwards, or pay a ransom. The ransom was refused and the torch was applied to arsenals, store-houses, senate house, house of representatives, dockyard, treasury, war office, president's palace, rope walk, and the great bridge across the Potomac. In the arsenal 20,000 stand of arms were ronmm^d. A fngntf" and a rdr»op of wnv, nfloat, were burnt. >. 1814. 1814. Tin; DKSTllLl'TlU.N uV Till: LlItKAKIl..-. •270 0 rounds of ball (•artridire \\\'i\' lakni and destroyed, and (Jcneral Ross and Admiral C'ockburu wont bat'k at their Ici-ure to IJenedict. In conueetioii with this most uxtruordiiuirily successful enterprise retleetiii:LC the iii^liest credit on iicneral Uoss, there had been soiue ouicrv about exteiidins^ ihi' ravai^es of war to pacitie [jublic build- ings. Indeed tlu* barbarity of destroyiiiL' the k'uislative buildin<(s, the White Jfouse and tln^ public libraries of \V"ashini(ton Inis been harped uj^on most sentimentally and injudiciously. The destriu'tioii of some books, scra[>ed to- erether bv a new couutrv and, therefore, of no vcrv uivat in- trinsi(! value, is looked upon by tho literati ach of the lemg Heet, she was run np the river as higli as Hampden. TIio ])etter to protect her from capture lier ijuus were taken out and, at some distance below Ilanipdeii, batteries or earth- works were erected, in which all the guns of the IVigate were placed. The capture or destruction of the Jo/at Adamfi was, however, determined upon, and Captain Barrio, of the Dragon, with a party of seamen, accompanied by Colonel John, at the head of six hundred of the GOth regiment, was sent oft' to eftect it. For a short time the l)atteries resisted, but the attack being well managed the Americans gave way, and, having set fire to the frigate, fled in all directions. The expedition pushed on to Bangor, which surrendered without resistance ; and from thence they wont to Machias, which surrendered by capitulation, the whole militia of the county of Washington being put on their parole not to serve again during the war. The whole country between the Penobscot and the frontier of that part of Nova Scotia, which is now New Brunswick, was then formally taken pos- session of, and a provisional government established, to rule it while the war continued. About this time, the army in Canada was re-inforced by the arrival of several generals and officers who had acquired distinction in Spain, and by the successive arrival of frigates from the army which had been so successfully commanded by the illustrious "Wellington, and with which he had in- i z' /' vaded France. In August, Sir George Prevost had been re-inforced with sixteen thousand men from the Garonne. There were, consequently, great anticipations. Even Gene- ral Sir George Prevost dreamed of doing something worthy of immortality. And such expectations v/ere natural. "With a mere handful of troops, General Drummond had proved how much an intelligent and decided commander can do, and Sir George Prevost, with some of the best troops in the world, was about to prove, to all the nations in it, how good blood may be spilled, and material and treasure wasted by a commander inadequate to the task either of leading men to victory or of securing their retreat until victory be after- ■;p ..? 281) INVASION OF Till: rMTrji .-TATLS, \^\\. .'V-i wards ol)tjniicd. tSir (loorLfc Pn.'V()>t (letcniiiiicil upon llie invftsion ol" tlic Stato of Xow York, and as if uaval co-ope- ration was ab.soluk'ly iiecossarv to traiispoi*t his troops to Plattsbnr£r, Sir Geoi-o-e Trevorft iir!2:od upon Commodore Sir James Yeo to equip the Lake Chamjilnin iloot with the greatest expedition, Tlie commodore replied that the squadron was completely e(piii>pod and liad more than ninety men over the number required to man it. And under tlio su[>iwsition that Captain Fi.schcr. who had pre- pared the ilotilla for active service, liad not acted with promptitude in giving the Comuumder-in-Chief such in- formation as he desired, Sir James sent Captain Downie to supersede him. Sir George, who seemed to have some mis- givings about this fleet, and was still most anxious to bring it into active service, finding Sir James Yeo, who knew His Excellency well, cpiite" impracticable, applied to Admiral Otway, who, with the AJax and Warsj^iic, was then in the port of Quebec, for a re-inforcement of sailors from these vessels for the Lake Champlain flotilla. Admiral Otway did as he was retpiested to do. A largo re-inforcement of sailors were immediately sent off to Lake Champlain, and Sir George having sent Major-Gen cral Sir James Kempt to Upper Canada, to make an attack upon Sackett's Harbour, if practicable, concentrated his own army, under the imme- diate command of General DeRottenburg, between Laprai- rie and Chambly. He then moved forward, towards the United States frontier, with about 11,000 men to oppose 1,500 American regulars and as many militia, under Gene- ral Macomb, whose force had been weakened by 4,000 men, sent off under General Izzard, from Sackett's Harbour, to re-inforce the troops at Fort Erie. Prevost, who had with him Generals Power, Robinson, and Brisbane, in command of divisions, men inured to fighting, and well accustomed to command, met with so inconside.iable an opposition from the Americans, that General Macomb admits that the in- vaders "did not deign to fire upon them." His powerful army was before Plattsburg, only defended by three re- 1814. IS14. mi; liiuTisii I i.i:i:i i.i:ri:\Ti'.i. in i. \kk cii wiim.mn. "JST upon llie •al co-opc- troopH to nodore Sir with the that the uore than II it. And hud piH> iiotcd with ?t' such in- Downic to 5 some niis- )us to bring 3 knew His o Admiral then in the from these liral Otway ircement of ain, and s Kempt to Is Harbom', the inmie- |ccn Laprai- •wards the II to oppose ,nder Gene- 4,000 men, [larboiir, to lO had with command ustomed to ation from [hat the in- [is powerful three re- doubts and two hIoek-li()(i>cs; ho liml Ikhm ponnittod, for three days, to l)i'ini'' up his iiciivv jirtilhM-v ; ho had a foivt' with him ten times o-reater than that wliicii, under Coh>nel Murray, took possession of it, in l.^l:>; and yvt Sir Gooip? Prevost hesitated to attack IMattsbur;.':, until lie could obtain the co-operation of Commo(b)re Downio, coninnindiuc: tiie Conjiancc, of 30 guns, the Linnet, of 18 guns, the CfuM, of 10 guns, the Finch, of 10 guns, and 12 gun-boats, containing 16 guns ! because tlie enoniy had a squadron consisting of the ship Sdrnfor/a, of 20 guns, the brig .E"i/lc, of 20 guns, tlio schooner Ticoialcrojia, of 17 guns, and the cutter Prdde., of 7 guns. Tlie Ih'itish Commodore Downie was not quite ready for sea. His hirgest vessel, the Confmncc, had been recently launched, and was not liuishod. He could n(»t perceive either the necessity for such excessive haste. ]Ie would have taken time and gone coolly into action, l)ut he had re- ceived a letter from the Commander of the Forces which made the blood tingle ia his cheeks. Sir George Prevost had been in readiness for Commodore Downie's expected arrival all morning, and he hoped that the wind only had delayed the approach of the squadron. The anchors of the Conjiancc were immediately raised, and with the carpenters still on board, Commodore Downie made all sail. jSTay, ho seemed to have forgotten that ho had a fleet of brigs and boats to manage, so terribly was he excited by Sir George's unfortunate expression in connection with the wind. The Conjicmce announced her approach on rounding Cumberland Head, by discharging all her guns one after the other. The other vessels were hardly visible in her wake, and still Cap- tain Downie bore down upon the enemy's line, to within two cable's length, without firing a shot, when the Con^ancecame to anchor, and opened fire upon the enemy. General Prevost had promised to attack the fort as soon as the fleet appeared, but instead of doing so, Sir George very deliberately order- ed the army to cook their breakfasts. The troops cooked away while Downie fought desperately with a fleet which, as a whole, was superior in strength to his, and which was 288 THE FIOIIT A THE SURRENDER. 1814. i ■•» rondcrcd eminoiitly HUi>erior by tlie yhaiaetVil defectioM of tlie ^mi-bouts maimed by (Canadian militia and soldiers of the 3'Jtli ren^imeiit. Dovvnie kei>t up a terrilic fire, with only his own frird to him. tliat you are performing this otiice to me ; for, had they done their duty, you must Inivc perceived from the situation of the Sarafor/a that I could hold out no longer; and, indeed, nothing indiu'od me to keep up her colours but my seeing, from the united tire of all the rest of my squadron on the Coiifiancf^ and her unsui»portod situation, that she must ulti- mately surrender." Sir (foorge Prevost had by this time swallowed his breakfast. He had directed the guns of the batteries to open on the American squadron, but ineffoetu- ally, as they were too tar off. Orders W(>ro at length given to attack the fort. General Uobiuson advanced with the view of fording the Saranac, and attacking the works in front, and General Brisbane had made a circuit for the pur])(>se of attacking the enemy in the rear. Kol)inson's troops, led astray by the guides, were delayed, and had but reached the point of attack when the shouts from the American works intimated the surrender of the fleet. To have carried the fort would have been a work of easy accomplishment, but the signal for retreat was given ; Robinson was ordered to return with his column ; and I'rcvost soon afterwards com- menced a retrograde movement, wliich admits barely of ex- cuse and could not be justified. So indignant indeed was the gallant General Robinson that it is asscirted he broke his sword, declaring that ho could never serve again. The army indeed went leisurely away in mournful submission to the orders of a superior on whom they coidd but look with feelings akin to shame. Four hundred men, ashamed to ])e known at home, in connection with a retreat so uulooked for and so degrading, desei'tod to the enemy. And it is little to be wondered at, that murmui-s in connection with the name of Prevost and Plattsburg, were long, loud, and deep. Sir George felt the weight of public opinion and was crushed under it. He resigned tlie government of Canada and demanded a Court Martial, but he had a judge within himself, from whom he could not escape, and whose judg- ment weighed upon '' a mind diseased," in the broad noon- day and at the midnight hour, with such oveii|->owering d2 ■ i • I 290 CIIAUACTKK OF hIR UKOKUi: I'KF.VO:^!. ISM. I • "! weight l.liiit till' iicrvoiiri system bcrainc rclaxcil, ami «leulli at last reliovc'tl u luuii, wlio, only that ho wanted (U'cinion of purpoHC, was aniiahlo, kind, woll intentu)n('tl, and honest, of a load of gTlef, before oven the sontenee of a ( ■ourt Martial eould intervene to ameliorate his sorrows. It is extremely to be regretted indeed that so excellent a Civil CJovernor ahonld have been so indifierent a militarv eoniniander. TUit, entirely ditierent (^ualifieations are recjuired in the civilian and in the soldier, it is indeed on record that the (Jroat Duke, who \va;i the idol of the British people as a soldier, was the reverse of being popular as a statesman. He was* ever clear-headed and sensilde ; but his will would never bend to that of the many. Desirous of huma!i applause, ho could not court it, though he was yet vain of his celebrity, and studied to be celebrated, knowing the value that attaches to position and to fame. 8ir George J*revost was a man of exactly an opposite disposition to that of the Great Duke. To be great, he flattered little prejudices and weak conceits. He never forced any measure or an}' o[tinion down another person's throat. He was content to retain liis own opinion and ever doubted its correctness. Personally, he was brave, but lie was ever apprehensive. l!i defence of the retreat of Sir George Prevost, the opi- nion expressed b}' Lord AVellington to Lord Batliurst, in 1813, is quoted. Wellington advised the pursuance of u defensive policy, knowing that tliere were not tlien men suf- ficient in Canada for offensive warfare, and because by pur- suing a defensive system, tlie difiiculties and risk of ofien- sive operations would be tlirown upon the enemy, who wouhl most probably 1)0 foiled. This opinion was verified to the letter. On tlie other hand, the authoritv of Welling- ton, who says to Sir George Murray, that after the destruc- tion of the fleet on Lake Champlain, Prevost must have returned to Kingston^ sooner or later, is valueless, inasmuch as His Grace in naming Kingston, had evidently mistaken the locality of tlio disaster, and must have fancied that riattsburg was Sackett's Harbonr. He says that a naval 1811. ISlt. A(»:r.'at Duke. k conceits, n another n opinion vvaB brave, ;t, the opi- Lithurst, in la nee of a 11 men suf- se ])y pur- k of often - ■my, who verified Welling- le destruc- uBt have inasmuch mistaken icied that |at a naval fiupcriorify on tlio Canadian lakes is a shx" qm unn m war on the frontier of Canada, even shotdd it be doftMisivc. But Lake Cluunjihiin is not one of the C'linadian lakes, and, tluMvfore, this jiistitieation of a military mistake is somei wlnit far-fotched. Sir (a.'ori,a' Provost failed beeause he I'oared to meet tliL' fate of Biirtijoyne, and he incurred dtrp and lastini; censure because, when it was in his jjowcr, lu' did nothini^ to retrieve it. IFistoric trntli, says tlie historian of Europe, compels the expression of an ()})inion that though proceeding from a laudable motive — the desire of prevent- ing a needless elfusion of hunum Idood — the measures of' Sir George Prevost were ill-judged and calamitous. Sir James Yeo accused Sir (tcorge I'revost of having un- duly hurried the squadron on the lake into action, at a time when the Con fiance was unprepared for it ; and when the combat not accomplished until the 1814. le Avay of and the delay in invading out a few s his ene- lOO troops )f lines of 3 awaited 1, all but pwards of thousand ^lississippi the left. :as a ditch i defended innon was udiciously it calibres, it hundred which also strength of General it he con- cold and lid not sit id capable nes of de- cnt, if not 1 not guns , however, decision, nal, in the might be across to a work of d until the 1815. PAKKNHAM — TllK ASSAULT. 296 evening of the Gth of January. The bouts were immcdi- diately brought up and secreted near the river, and disposi- tions made for an assault at live o'clock on the morning of the 8th of January. Colonel Thornton was to cross the river, in the night, storm the battery, and advance up the right bank till he came abreast of Is^ow Orleans ; while the main attack, on the intrcnchments in front, was to be made in two columns — the lirst uiuler General Gibbs, the second led by General Keane. There were, in all, about six thou- sand coml)atants, including seamen and marines, to attack double their number, intrenched to the teeth, in works bristing with bayonets, and loaded with heavy artillery.* When Thornton would have crossed, the downwad current of the Missipsippi was very strong, so strong indeed that the lifty boats, in which his division was embarked, were prevented from reaching their destination at the hour ap- pointed for a simultaneous attack upon Xew Orleans, in front and rear. Pakenham, as the da}' began to dawn, grew exceedingly impatient, and, at last, having lost all patience, as it was now light, revealing to the enemy, in some de- gree, his plans, he ordered Gibbs' colunui to advance. A solemn silence pervaded the American lines. Tliere was indeed nothing to be heard but the measured tread of the column, advancing over the plain, in front of the intrcnch- ments. But when the dark mass was perceived to be within range of the American batteries, a tremendous tire of grape and round shot was opened upon it from the bastions at Voth ends of the long intrciichment, and from the long in- trenchment itself. Gibl^s' column., however, moved steadily on. The 4th, 21st, and 44th regiments closed up their ranks as fast as they were opened by the fire of the Americans. On the brow of the glacis, these intrepid men stood as erectly and as firmly as if they had been on parade. But, through the carelessness of the colonel comnmndinf Euroitc. .•I f '296 GALLANTRY OF THK 93RD KKGI.MKNT. 1815. were sent for, in uU liaste, but the men, on tlie summit of the glacis, were, meanwhile, as targets to the enemy. They stood until riddled through and through, when they fell back in disorder. Pakenliam, unconscious that Colonel Mullens, of the 44th, had neglected his orders, and only fancying that the troops being fairly in for it, were staggering only under the heaviness of the enemies' tire, rode to the front, rallied the troops again, led them to the slope of the glacis, and was in the act, with his hat otf, of cheering on his followers, when he fell mortally wounded, ])ierced, at the same mo- ment, by two bu'ls. General Gibbs and General Keane also, fell. Keane led on the reserve, at the head of which was the 93rd Sutherland Highlanders, a thousand strong. Un- daunted by the carnage, that noble regiment dashed through the disordered throng, in front, and -.vith such fury pressed the leading files on, that without either fascines or ladders, they fairly found their way b)' iiiounting on each other's shoulders into the work. .But they were then cut down to a man. The fire from the enemy's riHes was terriiic. it was almost at the same moment that Colonel Ranney penetrated the intrenchments on the left only to be mowed down by grape shot. An unforeseen circumstance had too long de- layed an attack which could only have been successfully made in the dark, and General Lambert, who had succeed- ed to the comn'and by the death of Pakenham and the wounds of Gibbs and Keane, finding it impossible to carry the works, and tliat the slaughter was tremendous, drew olt his troops. Thornton had been altogether successful on the left bank of the Mississippi. With fourteen hundred men this able and gallant olhcer repaired to the point assigned to him on the evening of the 7th, but it was nearly midnight before even such a number of the boats as would suffice to transport a third part of his troops across, were brought up, Anxious to co-operate at the time appointed, he, neverthe- less, moved over with a third of his men, and, by a sudden charge, at the head of part of the 8r)th regiment and a body of seamen, on the llank of the work^«, lie succeeded iu 1815. 1815. THK DEFEAT — TIlUKNTUN SLCCES:sFL L. 297 iminit of I. Thev fell back Mullens, yiug that ily under t, rallied acis, and bllowers, ame mo- 'eane also, hicli was ng. Un- 1 tlirough y pressed r ladders, ;h other's down to a c. Jt was onetrated down by ) long de- ccessfully I succeed- and the e to carry drew olt 'ul on the red men isigncd to midnight suffice to 3ught up, neverthe- a sudden id a body ceded in making himself master of the redoubt with very little loss, though it was defended by twenty-tAvo guns and seventeen hundred men, and amply provided with supplies. And when daylight broke, he was preparing to turn the guns of the captured battery on tlie enemy's iiank, which lay en- tirely exposed to their fire, when advices were received from General Lumljcrt of tlio repuljic on the left bank of the river. Thornton was unwilliuii' to retire from the batterv, but Colonel Dixon, who had been sent by General Lambert to examine it and re])ort wliether it was tenable, having re- ported that it was untenable unless with a larger force than Lambert could spare, he was recpiircd to return to the left bank of the river, and the troops at all })oints withdrew to their camp. Defeated, far advanced into tlie enemv's country, an armv flushed with success, (loul)le their strength in front, and with fifteen miles of desert l)etween the ]')ritish armv and their ships, it was not long l)efore General Land)ert came to the conclusion that instead of renewing the attack, retreat was now desirable, and that the sooner he retreated the more safely could it be done. For this, under the circumstances, inevitable retreat, Lambert gathered himself up. He sent forward, during the early part of the night of the 18tli, the whole of the field artillery, the ammunition, and the stores of every kind, excepting eight heavy guns, which vrere des- troyed. AVith the exception of eighty of the worst cases, whom he left to the humanity of General Jackson, who dis- charged that duty w'th a zeal and attention worthy of th& man, he also removed the whole of the wounded ; and, in- deed, accomplished his retreat under the most trying cir- cumstances, with such consummate ability, that the whole force under his conmiand, were safely re-embarked on the 27th. The defeat, which was neither attributable to want of fore- sight, to incapacity, of any sort, or to lack of bravery, how- ever humiliating it was, but entirely to the accident which delayed a night attack until daybreak, was in some deq-rce • ■ '-If 208 CAPTLKE OF FUllT UOYKR — Till': I'KACE. 18K ri ? roiiijicii^ited for by tlie capture of Fort Boyer, near Mobile, comniauding one of tlie mouths of the Missirsippi. Fort Bovor was attacked T)v the Laud and sea forces on the 12th of February, ant], with itf^ a-arri.-^on of 8G0 men and 22 guns, was compelled to yield, when further operations were stayed by the receipt, on the very next day, of intelligence that peace between Great Britain and the United States had been concluded at Ghout. It is asserted, with regard to tlie storming of Xew Orleans, (hat Pakenhaui. displayed imprudent hardihood, in the at- tem}>t to achieve by force, what might have been gained by combination ; and that the whole mischief might have been avoided by throwing the whole troops instead of only Thornton's division, on the right bank of the river, and so liave rendered unavailing all Jackson's formidable arrange- ments. Pakcnham's disaster was, however, not the result of imprudent hardihood, but purely the result of accident in the time of attack, and in the neglect of Colonel Mullens, to whom the duty of bringing up the fascines and ladders was entrusted. Pakenham well considered the difiicultes which he had to encounter. lie would have carried the American entrenchments by a covj) de nmin, had he not per- ceived that the oi)eration would have been extremely ha- zartlous. lie would have sat down before the city and have advanced under cover of first one parallel and then another, had he not [jcrceived that as he approached so the enemy could have retired within successive lines of entrenchment. Nay, he saw that the most probable mode of speedy and successful assault was by a simultaneous attack upon the enemv during the night, in the front and in the rear of their intrenched lines. He further knew that the attack in rear would depend ft)r success, in a veiy great measure, upon the skill and intrepidity of the officer entrusted with its execu- tion, and he accordingly selected an officer possessed of botli these essentials in the person of Colonel Thornton. And with respect to the effect of having landed his whole force, on the right bank of the river, whore success, though too H" 18 lo. I8I0. DErENCli OF PAKEMIAM !< CuXDLTT. 209 Mobile, li. Fort tho 12th 22 guns, re staved 'lice that lad been Orleans, 11 the at- ained by ave been of only r, and so arrange- he result cident in Mullens, . ladders liiiicultes Tied the not per- mely ha- xnd have another, le enemy lehment. cdy and pon the r of their V in rear upon the ts cxecu- i of both 1. And :)le force, ough toi^ late, did attend the efforts of Thornton, it is to be re- membered that Colonel Dixon reported to General Lambert, when the battery on that side \vas in Thornton's possession, that it could not be retained evt'n, v/itliout more men than Lambert could spare to ro-inforce him. The defeat at New Orleans was only humiliating to Great Britain in the result, not in the conception, and it (!;mnot fairly be laid to the charge of Vakeuham that he oidy exhibited heroic valour, coupled with imprudent hardihood, or that he despised his « leiny. However the heroic defence of New Orleans and the dis- astrous retreat from Plattsburo- mnv have elated the Ame- ricans and mav vet ccratifv their natural vanity, there are men in the United States, fully alive to the consequences which could not have failed to have resulted from the defeat of Pakenham, had the Avar continued. The British govern- mont had able generals without number, well-trained and experienced soldiers, and ships also without number, to bring to bear upon a country almost pecuniarily exhausted, mid suffering from internal dissensions, on the conclusion of a war which had, as it were, brought out the immense re- sources for war, which w^ere almost latent in England during the American war of independence. That the United States was on the very verge of dectruction is evident from the fact that during the continuance of the war, the general government of the United States and the States govern- ments w^ere at variance. There was an apprehension that the affairs of the general government were mismanaged, and, to many, it appeared that a crisis was torniing, which, unless seasonably provided against, would involve the coun- try in ruin. That apprehension particularly prevailed throughout New England. Indeed, Massachusetts proposed that measures should be taken for procuring a convention of delegates from all the United States to revise the constitu- tion, and more effectually to secure the support and attach- ment of all the people, by placing all upon the basis of fair representation. Such a convention actually did meet at 300 Tin: HARTIOUD CONVENTION'. I8I0. t •flP'^ mm*' IJartt'ord. After a HesHion of tliree weeks, u report in which several alteratioiM oi' tlie federal eonstitution were sug- gested, was adojit(Hl. Representatives and direct taxes were to be apportioned to the nunil)er of free persons ; no new ytate was to bo admitted into tiie Union without tlie concur- rence oftwo-tliirds ofbotli houses; Congress was not to have the power of hiving an embargo for more than sixty days; Congress was not to interdict commercial intercourse, with- out the concumMice of two-thirds of botli houses ; war was not to be declared without the concurrence of a similar ma- jority; no person to be thereafter naturalised w'as to be eligible as a meml)er of the Senate or House of llepresenta- tives, or hold any civil office under the authority of the United States ; and no person was to be twice elected to the presidency, nor was the ].*resident to be elected from the same State two terms in succession. The report was a di- rect censure of the government, who with the alliance of France only contemplated to annex Canada to the United States. It was so understood. The Hartford convention was looked upon by the democrats of the Union as a trea- sonable combination of ambitious individuals, w^ho sought to sever the Union, and were only prevented from doing so by the somewhat unexpected conclusion of peace, which disembarrassed the administration, and SAvept away all grounds upon which to prosecute their designs. But the positive truth was that the public mind was excited to a pitch bordering on insurrection by the situation of the country. The war had been singularly disastrous ; the re- cruiting service languished ; the national treasury was al- most penniless ; the national credit was shaken, and loans were eftected at a ruinous discount ; the New England sea- board was left exposed to the enemy ; and the officers under the general government, both civil and military, were filled by men contemned by a vast majority of the people in the north eastern States. Before the war, the foreign trade ot the United States was flourishing. The exports amounted to X22.000.000, and the imports to »(;28,000,000, carried ou 1815. in which vere sug- ixes were ; no new e concur- ot to have xty days; rse, with- war waa nilar ma- vas to be presenta- ty of the lected to from the was a di- liance of le United invention as a trea- sought doing so 3, which away all But the nted to a n of the 1 ; the re- r was al- nd loans and sea- !rs under ere filled >le in the trade oi mounted rried ou 1815. CONSKQUEXOKS OF TUB W.\U. 301 in 1,300,000 tons of s^hippino,-. After the war, the export .•* had sunk to i:l,O00,0OO, and the inipc^rts to loss tluui £8,000.- 000, to say notliing of the losses by c'ai>tui'c. This too was the casein Aincricit, while the sinews of war were iuereus- ing instead of drying up in (ireat Britain. Vet England was not wholly unatteoted by tlie war. There wei-e great distresses in England, conserpient upon the Anierieaii Em- bargo Act, in 1811, and it was not until eommeree had dis- covered some new channels in tlic markets of Hussia, Ger- many, and Italy, that these great distresses were fully abated, while the war had the furtlier and lasting effect of producing manutactures in the United States, to permanent- ly compete with those of Birmingham and Manchester. The treaty of peace which was signed at Ghent, on the 24th of December, 1814, was ratified by the Tresideut and Se- nate of the United States, on the 17th of February, 1815. It was silent upon the subject for which the war had "pro- fessedly" been declared. It provided only for the suspen- sion of hostilities ; for tlie exchange of prisoners ; for the restoration of territories and possessions obtained by the contending powders, during the war ; for the adjustment of unsettled boundaries and for a comb incd effort to effect the en- tire abolition of the traffic in slaves. All parties in the United States, welcomed the return of peace. It was somewhat otherwise in Canada. The army bills had enriched the latter country ; and the expenditure of the military departments had benefitted both town and country, without cost. When peace came, this extra ex- penditure rapidly declined. But the war had further and pei-manently proved of advantage to Canada, inasmuch as it drew public attention in Europe, to the country, and showed to the residents of the United Kingdom that there was still in America a considerable spot of earth, possessed of at least semi-monarchical institutions, with a good soil and great growing capacity, which could be defended and preserved, as British property, for a time, notwithstanding the assertions made, previous to the war. that the countrv «02 TIIK CANADA MIMTIA DI-SBANDED. I8ir,. I ' R* ' was ii) a 8tato of dormant insurrection. Tlic war restored conlidcnco and promoted emiici'^tion to Canada. The Canadian Militia, Yolli^<^eurs, Chasseur.s, Drivers, Voyagcurs, Dorchester Dragoons, and the IJattalion Militia, in both provinces, were, by a General Order, issued on the 1st oi'*Mareh, to be disbanded on the 24th uf that month, not a little proud ol' J)etroit and tlie River Kaisin exploits, of tlio battles of Qucenston, JStoney Creek, Chateangna}', Chrystler's Farm, LacoUe, and Lundy's Lane, and of tlie capture of Michillimaekinac, Ogdensburgh, Oswego, and Niai^ara, bv assault. The eighth |)arliamcnt of Lower Canada was summoned for the despatch of business, on the 21st of January. Li this new parliament, there were James and Andrew Stuart, and for tlie county of Gaspe, a George Brown,* and in all there were fifteen members of British extraction — not much less than one half of the entire House, which, in all, num- bered fifty members. After the opening speech from the throne, the House proceeded to the election of a Speaker. The Honorable Jean Antoinc Panet, was no longer eligible for election, having been removed to the Legislative Coun- cil, and the chair of the Assembly fell upon Louis Joseph Papineau, a man of superior manners, of considerable in- dependence of character, of fluent tongue and impassioned utterance, of extraordinary persuasive powers, and of com- manding aspect. He was accepted by Sir Gorge Prevost, and business began. A vote of thanks was unanimously accorded to Mr. Panet for his steady, impartial, and faithful discharge of the speakership for twenty-two years, during the whole of which time he had upheld the honor and dignity of the House, and the rights and privileges of the people. One of the first measures which occupied attention was the militia law. An Act was introduced by which it was so far amended and revised that substitutes were per- mitted to persons drafted for service. A grant of new du- ties upon tea, spirits, and on goods, sold at auction, was * Tills wjiH the father of the pelebratcd Felicia Hemans. LSI'). ' restored Drivers, II Militia, ^d on the t month, exploits, te.'uiguay, ,nd of the •ego, and Aiiimoned nary. In ;w Stnart, md in all not much all, num- from the , Speaker. 3r eligible ive Coun- Joseph rable in- :)assioued of com- Prevost, nimously . faithful during )nor and es of the attention which it rere per- new du- lon, was 181;-) MKETlXii ol- I'AItLIAMr.NT IN LOWKH I'AXADA. made; one thou^:jnd jioundi^ griuited for tlio ]iromotion of vaccination as a preventative ol' ^^nlulI ]k).\ ; .i;2."j,000 "Wiirf granted for the construction of a caiinl bctwcL-n Montreal and Lachinc ; a bill wa.s introduced granting the Speaker of the House an animal salary of <£1,000 ; aneaker ot'tho Upper lloucjc. Of these bills all wore fiiuiily adopted or sanctioned with the exception of those granting salaries to the two Speakers. That conferring a sahiry upon the {Speaker of the Legislative ^Vssembly, was reserved for the royal sanc- tion", but was afterwards confirmed, wliile that ctmfcrring a salary upon the Speaker of the Upper House, was lost in the Lei>-islative Council, because the members of that body considered it iiifm dajnitalc, to receive any direct remunera- tion for their legislative services, the more especially as, with few exceptions, the Speaker and members were already salaried, either as eTudges, Bishops, or Clerks of the Executive Council. In the course of the session the expe- diency of sending to London a kind of agent or and^assador for the country, w^as again discussed, and its expediency de- termined upon by the Assembly, but the Legislative Coun- cil impressed with the idea that the Governor General should be the only channel of communication with the im- perial authorities, refused to concur in any bill framed with the view of securing the services of any such agent, who could not bo more than a delegate from the Assembly, and whose acts could not be considered binding on the govern- ment of the province. The matter was then referred to u select committee of the Assembly, who reported that the necessity for an agent appeared evident, each branch of the legislature having a right to petition the King, the Lords, and the Commons of England; that although the Governor could transmit such petitions to the foot of the throne, he could neither transmit nor support such petitions w^hen transmitted before the House of Lords or before the House of Commons, solicit the passing of laws, nor conduct many affairs wich might be conducted by a person resident in nu4 AN AGENT — PtHI.IC OI'IXION. 181;-). . «.-:■ .SJJ» • 'i-i«.' Great Britain. AVitliont an ii. rtoukl be •specially ideavours LU'ial ^ov- id ondea- )e consti- anada, by _ of Canada and tlic people and government of Knglaiid, to the groat prejudice and injury of the conntry- In this case, Jill address, founded on the Assembly's report, was drawn up to be transmitted by the GovernoiMii-Cliief to the Prince liegent, praying tliat His Royal lligness might give instruc- tions to his Governor of Canada to recommend the ai)point- ment of a provincial agent to the imperial legislature. The Assembly persisted in the heads of impeachment exhi- bited by the Commons of Canada against the Chief Justices Sewell and Monk, and persisted in nominating James ytuart, Esquire, one of the members of the House, to be the agent of the House, in conducting and managing the prosecutions to bo instituted against them, if His Royal Highness the Prince Regent permitted these impeachments to bo sub- mitted to a tribunal, competent to adjudge upon them, after hearing the matter on the part of the impeachments, and on the part of the accused. It was while these things were being done in the Assembly that the treaty of peace was officially announced to the House. The Assembly granted eight days' pay to the officers of the militia, after the time already noticed as determined upon for the disbandmcnt of the provincial corps ; an annuity of six pounds was pro- vided for such rank and iile as had been rendered incapable of earning a living ; a gratuity was made to the widow and the orphan : and it was recommended that grants of land should be made by His Royal Highness, the Prince Regent, to such militiamen as had served in defence of the province during the war. And more, the House, entertaining the highest veneration and respect for the character of His Ex- cellency, Sir George Prevost, whoso administration, under circumstances of peculiar novelty and difficulty, stood high- ly distinguished for energy, wisdom and ability, and who had rescued the province from the danger of subjugation to her implacable foe, unanimously granted and gave a service of plate not exceeding .£5,000 sterling value, to Jlis Excel- lency, in testimony of the country's sense of distinguished talents, wisdom, and ability. Sir George Prevost felt V.2 30ij (•|IAI{ACTK1{ 01' l'IU:VO.ST AS A (ioVJlUXuK. I. Si;'). strorjgly tlielnghcomplinieiit whi(!l» had been paul to liim a.s a civil ruler. And he deserved it. Surrounded na he wus bytlie selfinhne.ss of otlicials, the sycophants of tlie colonial ofHce, and the scandalizers of himself and tlio country, and tormented by the suspicions of the Assembly, which were the result of such sycophancy and scaiwhil, Sir Gcori^e pur- sued a most straightforward and honoral)le course as a Gov- crnor-in-C/hief, expressed his gratitude, and would transmit the address to the Prince Regent, to be governed by Ilia commands. The Regent approved of the donation and was rejoiced tliat Sir George had deserved it ; but the Legislative Council would not assent to the bill !* The House afterwards resolved tliat on the opening of the next session of par- liament it would take into consideration the expediency of granting a pecuniary compensation to the Honorable Jean Antoinc Panet, for his long and meritorious services as Speaker ; and an Act was passed granting £500 to the Sur- veyor General, Joseph Bouchette, Esquire, to assist him in publishing his geographical and topographical maps of Up- per and Lower Canada. At the prorogation, Mr. Speaker Papineau intimated to the Governor that the House had bestowed their most serious attention on the recommenda- tions submitted to them. A great part of the expenses oc- casioned by a state of war had been continued by the Reve- nue Act which they had adopted. They had indemnified such of the citizens whom the love of their king and coun- try had induced to accept commissions in the provincial corps, until they should bo advantageously enabled to re- sume their civil professK^iS, which they had abandoned on * It is hero worthy of note that the late Lord Raglan, then Fitzroy Somerset — sometime between the abdication of Napoleon and Waterloo, and before his lordship had lost his arm — was in Quebec, having been sent to Canada, it was supposed, privately to ascertain how matters were, and especially as a spy upon Sir George Prevost, against whom many complaints had been made by the reigning officials. A lady, still living, well remembers the late Commander-in-Chief, of the Bri- tish army in the Crimea, being in Quebec. She saw him in Mountain street, aiid the object of his visit was no secret. LSI;-.. ISK) fM>««i: OF Tin: SESSION' — TFIi: LACIIINK CANAL. 1507 . to him u:4 aa he wiis 10 eoloniul intry, and liich were orgo pur- as a Gov- l transmit 10(1 by IIiB 11 and was Leiiiislativc afterwards on of par- xpcdiency Honorable services as to the Sur- sist him in ips of Up- r. Speaker Louse had ommenda- penses oc- the Reve- ideninified and coun- provincial )led to re- do ned on roy Somerset id before his anada, it was IS a spy upon made by the f, of the Bri- jntain street, the dei'laration of war. Tliey had afforded relief to tlie fa- milies of such of tlieir countrymen as had fallen, and to tliose wlioae sufferini^s for life, from honorable wounds, fur- nished livin^^ evidence of the zeal which had animated His Majesty's Canadian subjects, in the defence of the rights of that empire to which it was their calory to belong. TiiO events of the war had drawn closer the bonds which con- nected Ureat Jji'itain with the Caiiadas. Although at the epoch of the declaration of war tiie country was destitute both of troops and money, j'ct from the devotion of a bravo and loyal, yet unjustly calumniated people, resources sulli- eieut for disconcerting the plans of conquest devised by a foe, at once numerous and elate with contidence, had been derived. The blood of the sons of Canada had llovved min- gled with that of the brave soldiers sent for its defence, when re-inforeements were afterwards received. The mul- tiplied proofs of the efficacious and powerful protection of the mother country and of the inviolable loyalty of the peo- ple of Canada strengthened their claim to the free exerciso and preservation of all the benefits secured to them by their existing constitution and laws. The pursuits of war were about to be succeeded by those of peace, and it was by tho increase of population, agriculture and commerce, that the possession of the colony might become of importance to Great Britain. It was with lively satisfaction, therefore, that the House heard His Excellency recommend to their consi- deration the improvement of internal communications, and they ^\'ere only too proud to second His Excellency's enlight- ened views by large appropriations to facilitate the opening of a canal from Montreal to Lachino, to assist in the open- ing up of new roads, and to acquire such information as might enable them afterwards to follow up and extend that plan of improvement. Sir George Prevost then closed the session. He praised the liberality with which the public service had been pro- vided for; alluded to the benefits promised by peace; in- formed parliament that he had been summoned to return to .■ I ► ;jO» J'KOUhKtiS — KKCALL vb JilH CiKOhOfc; l'hKVO!?T. 1 »!-">. i . :^M\ England tor the purpose of repelling iiccusatiouB atiecting hifi military character, which had been preferred by the late naval commander-in-chief, on the lakes, in Canada, and while he would leave the province with regret, lie eagerly embraced the opportunity afibrded him of justifying his re- putation ; and yet, however intent he might be on the sub- ject which so unexpectedly summoned his attention, he would bear with him a lively recollection of the firm support he had derived from the Legislature of Canada, and should be gratified to represent personally to His Royal Highness, the Price Regent, the zeal and loyalty evinced by every class of His Majesty's subjects in British America, during his administration. There were one or two measures introduced into the As- sembly during the session just closed worth mentioning, en passant; as showing the progress really made by a " factious" Assembly. A bill was introduced, by Mr. Lee, for the ap- pointment of commissioners to examine the accounts of the Receiver General, though, apparently, because Mr. Caldwell presented a petition to the Assembly, complaining of the insufficiency of his salary. Mr. Lee also introduced a bill to establish turnpike roads in the vicinity of Quebec, but was unable to carry it because of the outcry made by the farmers and the population of the parishes around Quebec. There were 1,727 marriages, 7,707 baptisms, and 4,601 burials in Montreal ; 653 marriages, 4,045 baptisms, and 2,318 burials in Quebec ; and 260 marriages, 1,565 baptisms, and 976 burials in Three Rivers, during the year 1814. The revenue amounted to ^204,550 currency, the expenditure to £162,125 sterling; and 184 vessels were cleared at Quebec. On the 3rd of April, Sir George Prevost left Canada for England, through New Brunswick, by way of the River St. John. He received several valedictory addresses speaking of him in the highest terms, from the French Canadian po- pulation, but the British who were annoyed about Plattsburg tjtood aloof, whilo the office holders secretly rejoiced that his Uslf). 181 ). I-F.OL-LATIOX IN L'Pl'IUi CANADA. noi) aticctiiig' )y the late lada, juicl lie eagerly ig his re- n the sub- ention, he 111 support lid should Highness, every class luring his ;o the As- tioning, eii "factious" for the ap- mts of the '. Caldwell ng of the uced a bill lebec, but le by the d Quebec. Hid 4,601 tisms, and baptisms, 814. The cpeiiditure cleared at vaiiada for River St. speaking ladian po- .^lattsburg d that his rule had tcrniinatcd. Lieut.-Guncral Sir Gordon Drumniond succeeded Sir George Prevost in the government of Lower Canada, the Lieutenant-Governorship of Up^or Canada be- ing again in the hands of His Excellency, Francis Gore, Es- quire. General Drummond convened the parhament of Upper Canada on the IStli of February, 1814. The first Act of that parliament was one to repeal part of the laws in force for raising and training the militia. All the male in- habitants of the province, from 16 to 60 years of ago, were liable to militia duty, but no person over 50 years of age was to be called out except on occasions of emergency. The militia were not to be ordered out of the province unless for the assistance of Lower Canada, when actually invaded, or in a state of insurrection, or except in pursuit of an enemy who had invaded the province, or for the destruction of any vessel either built or building, or for the destruction of any depot or magazine, formed or forming, or for the attack of any enemy invading the province, or for the attack of any fortress in the course of erection or already erected, to cover such invasion of the province. Justices of the Peace were authorised to impress carriages and horses ; twenty shillings a day to be paid for every carriage with two horses, or oxen with a dnver ; fifteen shillings to be paid for every carriage and two horses or oxen ; and for every horse employed singly, seven shillings and six pence was to be paid a day, on a certificate from the officer employing them, to the Col- lector of Cii^tonw, xad received by the Receiver General of the pi'OT*';f c. A penalty was imposed on persons using traitorcas or disrespectful words against His Majesty or against any member of the royal ta • ^ , or for behaving with contcTiipt or disrespect to the Governor while on duty. Death was to be the punishment for exciting to sedition or mutiny ; and either death or fiich other punishment as a Court Martial might award, wns th'3 punishment to be awarde-l for being present at nny m^joting without endeavor- ing to suppress it, or ^'ive 'n+bimatlon, or for deserting to the enemy. And Quakers, Men* ni^tt^, and Tankers, were • •• I > 310 STATE OF PAllTIKo IN UPPER CANADA. 181 0. > 4 ui^^iit! to pay ^10 for their exemption from militia servitude, the Act to be continued until the next session of parliament. An Act was passed providing for the circulation of army bills ; £G,000 was appropriated for the construction and re- pair of roads and bridges ; an Act was passed to ascertain the eligibility of persons to be returned to the House of Assembly ; an Act was passed to continue the Act granting to His Majesty duties on licenses to hawkers, pedlars, petty chapmen, and other trading persons; every traveller on loot was to pay £5 for his license, and for every boat £2 10s. ; for every decked vessel .£25 was to be paid ; for every boat XIO ; and for every non-resident <£20 ; the Act to be in force for two years ; an Act was passed to detain buch persons as might be suspected of a treasonable adherence to the ene- my ; an Act was passed imposing a duty of 3s. 9d. ^ '^. ual- lon on the contents of licensed stills ; and the Act to pro- hibit the exportation of grain and restraining the distillation of grain from spirits was continued. General Drummond again met the parliament of Tapper Canada, on the 1st of February, 1815. There were much the same kind of wranglings in the Assembly of Upper Ca- nada that distinguished the parliament of Lower Canada. There were two parties, one highly conservative and another violently radical. In Upper Canada the conservatives had the majority. In 1808, Mr. Joseph Wilcocks, a member of the Assembly, was imprisoned for having libellously alleged that every member of the first provincial parliament had received a bribe of twelve hundred acres of land. The " slanderous" accusation first appeared in a newspaper styled the Upper Canada Guardian or Freeman's Journaly edited by the Joseph Wilcocks, who was a member of the Assembly. Mr. "Wilcocks grievously complained of the Messrs. Boulton and Sherwood, who were ever on the watch to prevent any questions being put that would draw forth either inaccuracy or inconsistency from the witnesses. Mr. Sherwood attack- ed that great blessing of the people, the freedom of the press and, being a good tory, called it, to the great horror of Mr. 1815. 1815. THE NKV.yrAPEK A PESTILENCE IN THE LAND. 311 itiule, the arlianient. n of armv on and re- ) ascertain House of t granting lars, petty ler on toot t^2 lOs.; every boat je in force persona as the ene- d. ^ r^. ii-al- Lct to pro- iistillation ^ of I.^pper ere much LJpper Ca- Canada. id another Ltives had nember of y alleged nent had md. The per styled edited by Assembly. . Boulton event any laccuracy )d attack- the press or of Mr. P "VVilcocks, a pestilence in the land. Indeed, Mr. AVilcocks was deeply and painfully sensible that Little York abounded in meanness, corruption, and sycophancy, and notified his constituents accordingly. Such a condition of things was only natural in a small community, having all the parapher- nalia of "constitutional" government. In 1815, the progress of Upper Canada is indicated by the fii'tit bill of the session — an Act granting .£23,000 for amend- ing and repairing the public highways of the province, and awarding ^25 to each road commissioner in compensation for his services. There were in all eighteen Acts passed. Provision was made for proceeding to outlawry in certain cases. An Act was passed for the relief of Barristers and Attornies, and to provide for the admission of Law Students within the Province ; £100 was granted to Mr. Sherift" Mcr- rltt, of the Niagara District ; a new Assessment Act was passed ; the Act to provide for the maintenance of persons disabled, and for the widows and children of persons killed in action was explained and amended. Isaac Swayze, Es- quire, having been robbed of X178 5s. 8d., was exonerated from the payment of it ; X6,000 was granted for the rebuild- ing and repair of gaols and Court Houses in the "Western, London and Niagara Dist icts, each .£2,000 ; an Act was passed to remove doubts with respect to the authority under which the Courts of General Quarter Sessions had been orected and holden ; an Act to license practitioners in phy- sic and surgery throughout the province, providing for the ;ippointment of a Board of Surgeons to examine applicants, and imposing a penalty of j£100 for practicing without li- cense, but excepting from the application of the Act such as had taken a degree at any University in His Majesty's domi- nions, was passed ; .£292 was granted to repay advances on team-work, and for the apprehension of deserters by certain Inspectow of Districts ; .£1,500 was granted to provide for the accommodati'.)n of the legislature at its next session ; £6,090 was granted for (he uses of the incorporated militia ; £111 lis. 7d. was grant.e1^ CHAPTER IV. It was in the character of Administrator-in-Chief that Lieutenant-General Sir Gordon Drummond assumed the government of Lower Canada, on the 5th of April, 1816. The army bills were called in and honorably redeemed in cash, at the army bill office, in Quebec, and as if to show how beneficial the war had been to the country, first one new steamer ariived at Quebec, and then another from the already flourishing city of Montreal. The Malshane, built by Mr. John Molson, of Montreal, at that port, appeared at Quebec on the opening of the navigation, and was speedily followed by an opposition steamer built by an association of merchants in Montreal, and named -.— The Car of Com- merce. The inhabitants of Canada were, at this time, under 400,000 in number. About seven-eighths were of French descent, and the other eighth was composed of English Irish, Scotch, Germans, Americans, and their descendants! Of the latter, the Scotch were the most numerous, and in their hands nearly the whole external trade of the country was placed. The French Canadians were chiefly agricultu- rists, but they had also a large share in the retail and inter- nal trade. There was, at this period, no manufactories of note in the province. The manufacture of leather, hats, and paper, had been introduced, and Sfofe du pays, manu- tacturcd by the larmors, con.stitutcd the garb of the Cana^ \rw^ 314 TllK KOADS — Tllli L\1IA1JITAN1\S. 181a. • ■» » dians 'ronerally. There ^vcrc two iron works in the vicinity of Three Rivers. Thei'c was nothing more. It is said, not without reason, that one of the i\\Yt improvements in any country slionhl jje tlie making of roads, and tlie speedy mak- ing of roads, botli in Upper and Lower Canada, was one of the good effects of the war. Ah'eady there was a, road from Point Levi across the portage of Temiscouata, from thence to the forks of the Aladawaska, from thence to tlic Great Falls, from thence to Fredericton, in New^ Brunsw^ick, from thence to St. Johns, on the Bay of Fundy, and from thence to Halifax, which was 618 miles long; there was a road from Quebec to Montreal, 180 miles in length, from thence to the Coteau-du-Lac, 225 miles, from thence ta Cornwall, 226 miles, from thence to Matilda, 301 miles, from thence to Au^^;^ a, 335 miles, from thence to Kingston, 385 miles, from thence to York, 525 miles, from thence to Fort Erie, 500 ni'^^s, ^ n thence to Detroit, 790 miles, and from thence to Michillimackinac, 1,107 miles ; there was a road en route to Boston, via St. Giles, Ireland, Shipton, St. Fran- cois, and the Forks of the Ascot, to the lines, 146 miles long; and there was a road from Laprairie, opposite Mon- treal, to Isle-aux-!N'oix, which w'as 28 miles long. Canals were contemplated to overcome the difficulties of the La- chine, Cedars, and Long Sault rapids, and indeed there was an eye to those improvements which never fail to develop the riches of a country. The landholders at this time were mostly French Canadians. There were some thousands of acres, however, which had been granted to the British po- pulation since 1706, occupied or settled upon by Americans, that is to say, former residents of the United States. Land was not by any means valuable, on account of the great dis- tances from convenient markets, and the consequent length of time which it took the distant farmer to bring his pro- duce to market. It was this drawback that produced in the Canadian the pernicious habit of merely producing enough for the consumption of his own family, and for the keep of liis own farm stock. Farm lands were ^icldom held upon 1815. 1810. Tin: riu:xcn canaman cuakacter. 315 id vieiuity 1 sakl, Mot tits in any »et!y mak- vas one of road from m thence tlie Great /ick, from tm thence vas a road •m thence Cornwall, im thence 385 miles, Fort Erie, and from vas a road . St. Fran- 146 miles site Mon- Canals the La- liere was ,o develop ime were u sands of Iritish po- mericans, s. Land great dis- iit length his pro- :ed in the g enough e keep of eld upon lease. The cultivators were the bona fide proprietors of the soil, suhjcct to a very inconsiderahle annual rent to the seig- neur and to a fine of a twelfth upon a change of proprietor by sale, a condition which, as a matter of course, would in time become intolerable and demand that remedy which lias since been applied. In Lower Canada, the lands held by Roman Catholics, were subject to the payment of a tythe or a twenty-sixth part of all grain for the use of the curate, and to assessments for the building and repair of churches. Now with regard to the character of a people, who, not long after this period, exhibited an intolerance of tyranny and injus- tice, it may fairly be said that the French Canadians are naturally of a cheerful and lively disposition, but very con- servative in their ideas. Outwardly polite, they are not un- frequently coarse in conversation. If the Canadian evinces respect, it is expected that he will be treated with respect in consideration therefor. Ilis chief shortcoming is excessive sociability. When once settled among friends and relatives he cannot leave them — absence from home docs in truth only make the heart grow fonder of home associations. He is active, compactly made, but generally below rather than above the middle size. Ills natural capacity is excellent, but when the mind is unimproved and no opportunity has been afforded for the acquisition of new ideas, little can be expected from even the most fertile understanding. All improvements have been the result of observation, there be- ing nothing original in any one, nor an iota new under the sun. It is in the application of the natural elements only in which one individual excels another, his capacity for ex- cellence, of course, favoring observation. As the bee sips honey from the flower, so does man inhale the poetry of na- ture, daguerreotyping it upon his understanding, cither from the mountain's top, from the summit of the ocean wave, or from the wreck of battle ; so does the astronomer learn from the firmament itself the relative proportions and dis- tances, the transits, ecli[)ses, and periodical a[)pearances of otluT worlds, Ihjni Iliat in whi<-li ]{o liv(?.>. moves, und hi\:^ 316 PAULJAMEXT — WATiaiLOO. i8J(>. V • * ' » ri his buiiitr ; and ^o tlic niun of scioiico collects ami combiiios the vory clomoiits thomselvoH, oitliur to purposes of destruc- tion or towards the progress, improvement, and almost per- fection of hunuin nature. The Canadian could only reason from his own experience, and that was so exceedingly limit- ed, that his backwardness in enterprise is less to be won- dered at than the eagerness with which he copies the enter- prise of others. The Canadian, like the native of old France, is a thinking animal. lie is ever doubting, ever mistrustful. In spiritual matters, he is guided by his curate, who, if he wishes to stand well with him, must meddle with nothing else. And who will say that such a people are incai>able of improvement ? Railroads, intercourse with others, and time, will yet make the Canadian think for himself much sooner than they will influence others, more naturally confiding, generous, and credulous than he is, but whose very energy and bravery only cover a multitude of sins. Lieutenant-Ceneral Sir Gordon Drummond met the par- liament of Lower Canada on the 26th of January, 1816. He informed the two Houses that the Regent had committed to him the administration of the government of Lower Ca- nada, that he had entered on the duties of his trust with a deep sense of their importance and with a more earnest de- sire to discharge them for the gr^neral advantage of a pro- vince in the capital of wliioh he had been born ; the King was no better in health, but had no corporeal suffering and only continued in a state of undisturbed tranquillity ; Buo- naparte had been exiled and the family of Bourbon restored to the throne of their ancestors ; Waterloo had consum- mated the high distinction obtained by the British forces under Wellington. He recommended the renewal of the Militia Act, and in consequence of many discontented ad- venturers, and mischievous agitators, from the continent of Europe, having thrown themselves into the neighbouring States, he strongly recommended the immediate revival of the Act for establishing regulations respecting aliens, with 8uch modifications an oircumstancOH might render it proper "I81f>. ijsu;. MV NATIVl-; CliV. .317 combiiica f dcstriic- Imost por- ily reason igly limit- be won- the entcr- Id France, istrustful. vlio, if lie 1 nothing 3ai>able of and time, L'h sooner confiding, ry energy t the par- 'ly, 1816. ommitted ower Ca- ist with a irnest de- of a pro- the King ering and ity; Buo- restored consum- sh forces 7a\ of the ented ad- itinent of hbouring revival of ens, with it proper tt» adopt ; the c'\«!cutivo govuniuicnt hud icdeciucd its plerlge by culling in and jiayiiig with cash tlic army l>ills which wore in ciivulutioii ; a rilatemeiit of the revenue and expouditure of the past year wonld be laid before the As- sembly ; the I'riiice Regent viewed with much pleasure the additional proof of patriotism attbrded by the sum voted towards the completion of a proposed canal from Montreal to Lachine ; Ilia Majest3''s government duly appreciating the many important objects with which the canal was con- nected, were interested in its early execution ; and he awaited only further instructions upon the subject to carry it into effect. lie pressed upon the attention of both Houses the importance of further promoting the internal improve- ments of the province. lie trusted that this session of par- liament would be distinguished for accordant exertion and for efficient dispatch in conducting the public business ; and for his own part, he could assure honorable gentlemen that ho would most cordially co-operate in every measure which might tend to advance the interests and promote the welfare of the province. His Excellency the Administrator-in-Chief made allusion to his native city after the manner of a some- what notorious, if not a celebrated judge of the present time, who was accustomed to boast in the Assembly of be- ing the representative of his native city. Sir Gordon, how- ever, only meant to be conciliatory, and indeed there was no objectionable egotism in a governor putting himself forth as a colonist by birth, or in one sense placing himself on a level with the governed. The pit}' is that so few governors had even that interest in Canada which, to however limited a degree, must have weighed with Sir Gordon Drummond. The House was glad that a native of Quebec had so distin- guished himself as a soldier, and indeed in all else, echoed His Excellency's speech. The transaction of business had hardly begun when a message was received from the Administrator-in-Chief. His Hoyal Highness, theRegent, had commanded His Excellency to m;die known his pleasure to the House of Assembly on 1! . I ."48 Tin; A.S.SEMLLY CliXSl KKD. 18 KJ. f . |i ' the Ru1)jcct of c'Oitaiii clinrges prefurreil by the IIou>;o ngniinst tlio Chief Justices of the province and of Montreal, in con- nection with certain cliars^-es against u former governor, 8'r James Craii;. Tlic Regent was r)leased to sav that the acts of a former governor could not be a subject of enquiry, whe- ther legal or illegal, as it would involve the principle that a governor might divest himself of all responsibility on points of political government; the charge referred by the Regent to the I'rivy Council, was only such as related to tlie Rules of I'racticc, established by the Judges, in their respective Courts, and for which the Judges were themselves solely responsible ; and the Report of the Privy Council was that the Rules of Practice complained of w^ere made not by the Chief Justices alone, but in conjunction with the other Judges of the respective Courts, as rules for the regulation and practice of their respective Courts, and that neither the Chief Justices, nor had the Courts in which they presided, exceeded their authority in making such rules, nor had they been guilty of any assumption of legislative power. Fur- ther, His Excellency was commanded to express the regret with which the Regent had viewed the late proceedings of the House of Assembly against two persons who had so ably tilled the highest judicial offices in the colony, a cir- cumstance calculated to disparage their character and ser- vices, in the eyes of the inconsiderate and ignorant, and so diminish the influence w^hich a judge ought to possess. The other charges with regard to the refusal of a WTit of Habeas Corpus, by Mr. Chief Justice Monk, of Montreal, were con- sidered to be totally unsupported by any evidence whatever. The message from the administrator, by order of the Regent, had been somewhat too soon communicated to the Assem- bly for "accordant exertion" in legislation. A call of the House was ordered for the 14th of February, and the i^jes- sage was to be referred to a committee of the whole on that day. That day came and the committee of the whole re- ferred the message to be reported upon by a select commit- tee of nine members, and the report of the committee was 1811). isli). uissohninN or j»aiii,i AMKNT. :Uli ag'uiiist 1, in coii- Tiior, S'l' t the acts iry, wlic- )le that a 311 points Regent ;lie llulcs ospeetivo es solely was that ot by the the other egulation either the presided, had they er. Fur- he regret edings of had so ny, a cir- and ser- it, and so sess. The ' Habeas VQVQ con- hatever. Regent, e Assem- lU of the the i][ies- e on that vhole re- commit- ttee was V to tlic ollbct tliat a liiunhio reprosentiition rnul potilii)ii to tho Kogont must be prepared, and tliat l)otV>iv doiiii;" so, tlu- souse of the llotisc, as exprosseil in a coniuiitteu of tliu whole, shoukl be obtained. Accordingly, the House again resolved itself into connnittee, on the -itli, when it was re- ported that the House in inipcacliing the Chief Justices was influenced by a sense of duty, by a desire to maintain the laws and constitution, and l>y a regard for the public inte- rest, and for the honor of Ilis Majesty's government; that the House was entitled to be heard, and to have an oppor- tunity of adducing evidence in support of the impeach- ments ; that the opi»osition and resistance of the Legislative Council prevented the appointment of an agent from the Assembly, to maintain and support the charges ; and that a petition should be presented to the Regent, appealing to tho justice of Ilis Majesty's government and praying that an opportunity might be aftbrded to the Commons of Canada to be heard and to maintain their charges. The resolutions were adopted by a very large majority of the House, and a special committee was appointed to prepare an address in accordance with the resolutions. But before this could be done. Sir Gordon Drummond, in accordance with his in- structions, dissolved the House. He prorogued the parlia- ment on the 26th, because his reasonable expectations, with regard to their diligent application to the business which he had recommended to their attention had been disappointed ; because the Assembly had again entered upon the discus- sion of a subject on which the pleasure of the Regent had been communicated to them ; and because, ho, therefore, felt it to be his duty to prorogue the present ^ . i luimcnt, and to resort to the sense of the people by an immediate disso- lution. Only one Act received the royal assent, that to re- gulate the trial of controverted elections. The writs for the new elections were issued in haste. In- deed 80 early as the month of March, they were completed, the greater number of the members of the previous Assem- bly having boon re-elected. But before even the elections ■6'20 (iKNKUAL WlL&OiN .VIkML\Is«TUATUU. l«hi. ■■; .•.-♦• Imd boon t'uMii»lclu(l, (^uticnil Dniruiikoiul wiis tiotltiod of the u])iK)iiitmoiitot' Sir Jolm Hlierbrooku, the Liciitoiiuiit-Gov- onior of Novu Hcotiti, to tlio (iovornor-Genuralnliip of IJri- ti«li North America, uiul loaving Mujor-Uunerul Wilson in temporary cljar<^c of tlie govorumont, lie sailed for Ensjlaiid oil tlie 1st of May. It is impossiblo to 8i)eak of Sir Gordon Drtimmond H government. The measures which he proposed were well calculated to benefit the country. He was thwarted, possi- bly in good intentions, b}' the commands of the imperial government, requiring him imperatively to obtain the sub- mission of the colonial legislature to Downing-street dicta- tion, without remonstrance. A colonial legislature, tethered as it is, and ever will be, until the Governor is elected by the people, to English administrative incapacity might, with no lack of prudence, have been permitted rope enough to wander round the tethering post, so that it w^oiild only have been at considerable intervals that the effect of the tr ' ors would have been in any degree galling or even felt. In 1815, the revenue of Lower Canada amountea to £150,273 currency, the expenditure to £125,218 sterling, in which was included £16,555 for the erection of the gaol in Quebec; £26,439 for militia services; and £35,325, the pro- portion of duties to Upper Canada. Only 194 vessels of 37,382 tons, were cleared at Quebec, not taking into account ten now vessels of only 1,462 tons altogether, hardly equal to the tonnage of a single vessel of the present day. Sir John Sherbrooke did not arrive at Quebec until the 21st of July. He was then received with all the honors due to his rank and station. Every body was as obsequious as anybody could be, and great things were, of course, expect- ed from the new man. Nor was Sir John deficient in abi- lity. He had been most successful in his government of Nova Scotia, and he had been most prudent in his negotia- tions with the people of Maine. He had too an opportunity for acquiring popularity immediately on his arrival, and he did not suffer the opportunity to escape him. The wheat i ' i«u;. 1816. INl'UllMATlON I'OK Till: roLoNlAL SKCKUTAKY. 321 lifcl of the luiit-Gov- \[) of IJri- ^Vilsoii in ' England jiid U kvoro well ed, \iom\- ! imperial 1 the Hub- •cet dicta- !, tethered elected by light, with enough to only liavc the tf ' ors t. ountea to terling, in le gaol in 5, the pro- vessels of to account dly equal until the Lonors due iquious as 3e, expoct- nt in abi- rnment of negotia- •portunity al, and he he wheat crop had failed in the lower part of the diwtrict of Queheo. The davs thouirh warm as usual were sut'cecded by cold frosty nights, which killed the wheat. There was indeed a prospect of a famine. Keprosentations of anticipated dis- tress, came pouring in upon him from first one parish and then another. A less decided man would have called upon the provincial parliament to have acted as became the emer- gency. Sir John threw open the King's stores, and on his own responsibility, advanced a large sum of money from the public treasury, for the purchase of such supplies jis tiie im- perial store-houses did not afl'ord. The season, in Lower Canada, he knew was a short one, and to have procrastinated would have been fatal to the farmer. Xor was Sir John less prudent in other matters. lie saw the mistake committed by his predecessor with regard to the impeachments and he endeavored to avoid any similar mistake. lie wrote to England lor instructions, taking care to inform the Minister of State for the Colonies of the true state of public opinion in the province. He represented that the appeal to the people by Sir Gordon Drummond had entirely failed ; the people were irritated at the appeal to them under such circumstances ; the dissolution of a parlia- ment was not, in his opinion, at any time calculated to do much good, but was often seriously productive of evil; in a small community it was more difficult to correct public opi- nion than in a larger one ; he would carry out whatever in- structions should be given to him ; but these were his views and he would await an answ*er. He w ent still further. He informed the Colonial Secretary that Chief Justice Sewell was unpopular, not with the Assembly alone, but with all classes of the people. No matter whether the feeling pro- ceeded from the acts and calumnies of designing dema- gogues, it existed. It was indeed believed in the Palace of the Roman Catholic Bishop, and in the cottage of the hum- blest peasant, that Chief Justice Sewell had outraged their feelings of loyalty and religion. When Attorney-General, Mr. Sewell had maiulained doctrines and snjiportod uu*u- i-2 6IP. JOHN SHERBUOOKK S NOTIONS. 1816. It HLires that clashed with the religious opinions of the Cana- dians. A dislike, amounting to infatuation, had been con- firmed by the part which he was supposed to have taken in the government after his promotion. It was this gi'adu- ally increasing dislike which had led to his impeachment. Sir John believed that a hearing to both parties, on the im- peachment, even had the decision been the same, w^ould have been conducive to the peace of the province, as it would have deprived the party hostile to the Chief Ju . ' . * i • ' • ■ ■" e > .t 32U SUB ROSA NKUOriATlON. 181 I . Monk, and there seemed to be a sub rosa disposition to get rid of the disagreeable aftair by management. Mr. Stuart, keen-sighted as he was, both saw and felt that the tools, with which he worked, required sharpening up. The}- had been handled. They had been in other hands than his. They had apparently been rendered almost unlit for use. He would, however, move for a call of the House, on the 2l8t of February. The cards had been admirably shuffled. The Panets, Vanfelsons, Gugys, Ogdens, Vezinas, Tasche- reaus, Malhiots, Cherriers, were all wonderfully intermingled in an adverse vote. The motion was rejected by a vote of 23 nays to 10 yeas. Mr. Stuart tried the 20tli of Februar}\ Still it would not do. The Assembly had become suddenly tired of impeachments. Again, the matter was tried on the following dav, when the House consented not to revive the impeachments but to reconsider the message addressed to the Assembly on the 2nd of February last, by the late Ad- ministrator-in-Chief. Mr. Stuart had some business to trans- act in Montreal, and he left Quebec to attend to it. During his absence the impeachments were forgotten ; his measures were paralysed by siih rosa negociation ; Mr. Sewell was re- compensed for the ill-treatment he had experienced, and the government was relieved of anxiety. The Speaker of the Assembly was informed that for this parliament as well as for the last parliament he would be permitted to receive j61,000 a year, and that Mr. Sewell, who, as Chief Justice, was Speaker of the Upper House, might be recompensed for his ill-treatment, by the attachment of a salary of .£1,000 to an office which it was designed he should hold for life. The Assembly, accordingly, applied to His Excellency to allow their Speaker ,€1,000 a year, and to confer some signal mark of the Royal favor on Dame Louise Philippe Bade- lard, widow of Mr. Speaker Panet. His Excellency, the Governor, unhesitatingly complied with the request of the Assembly, the more especially as on the request of the Council he had' consented to a similar salaiT being paid to .their Speaker, and he had further pleasure in authorising 181- 181' MANAGKMKNT OF TlIK C0-MM0\5. 327 on to get r. Stuart, he tools, riiey had than his. it for use. se, on the shuffled. , Tasche- armingled vote of 23 Februarj\ I suddenly ied on the revive the dressed to e late Ad- s to trans- . During measures 11 was re- d, and the vcr of the as well as to receive >f Justice, ompensed of £1,000 for life, iellency to me signal »pe Bado- encv, the icst of the est of the ig paid to utho rising the payment of a pension of £800 a year, to Dame Louise Philippe Badelard. The whole was most cheerful ly agreed to by all the parties interested, and thus was the Legislative Assembly of Lower Canada betrayed and dealt with for' the consideration of a few thousand pieces of silver. On the 17th of Marcli, Sir John Sherbrooke intimated by mes- sage that he had conferred upon the two honorable Speakers the salaries of £1,000 each per annum. Two days after- wards, Mr. Sherwood moved that the message of the late Administrator-in-CMiief should not be considered until the 27th of March, and that a call of the Mouse should be made for that day. ]SIr. Ogden, however, bluntly moved for the discharge of the order of the da}-, and that the subject should not be takeji into consideration at ali during the session. The debate was loud and long continued. James Stuart and Andrew Stuart wore brilliant ; the Gugys, the McCords, and the Ogdens, were dumb. The Vezinas, the Vigers, the Panels, the Languedocs, and the Badeaux, had changed sides. Night came and still the debate continued, the midnight hour was passed and yet the war of words was fiercely going on, and morning came only to find the im- peachments, which the Assembly had so long cherished, finally buried in oblivion, by 22 votes in favor of the abrupt motion of Mr. Ogden, while there were only 10 votes against it. Mr. Stuart was abandoned. There was now a greater than he to lead the Assembly. Sir John Coape Sherbrooke thoroughly understood the materials with which he had to deal, and he dealt with them accordingly. The Assembly had no longer independence : spirit, self-respect, power was sacrificed for tluit which gives wisdom to the foolish and judgment to the weak. The sum of £55,000 was appropriated for the improvement of roads, canals, and bridges; £2,000 was voted for the encouragement of inocu- lation with vaccine virus as a preventative of small pox ; the revenue for 1816 was £144,625 ; the expenditure £75,638, less £24,495, the proportion of duties payable to Upper Ca- nada for 1815 ; the expensel^ of the legislature for the fame ■ I' 'I ■ ;iiIK BANK.< OF QIKBKC AND MOXTKEAL. 181 1. period were i;3,203 currency ; the salaries of the judges were now ,£1,000 currency per annum each, and yet at the disposal of the legislature there was the sum of X140,153.* The session was closed on the 22nd of March, by receiving the thanks of the Governor General for the extraordinary appli- cation to business which had distinguished this session from any preceding session of the parliament of Lower Canada. In the course of the summer (1817) three hundred and three vessels with five thousand three hundred and seventy- five new settlers had arrived at Quebec, and banks were established both in Montreal and Quebec, named after the cities in which they were set afloat. About the 16th of November it w^as remarked that the Montreal Bank had commenced with quite an unexpected confidence from every part of the community, so much so that the merchants were realising more convenience from it than they ever antici- pated; and that since it had commenced business, the pro- fits were reported to have been immense. ■ . In 1816, a settlement of emigrants was begun, under the direction of the militar}', in Bathurst, Drummond, Beckwith and Golbourne. The first settlers of Canada had a free pas- sage afforded them from the United Kingdom, and were provided with rations and tools on their arrival in the co- lony. In 1816, rations and tools were furnished to 2,000 emigrants, who came out at their own expense, and in 1817 multitudes came out in the expectation of being favored in the same way, but were disappointed, nothing having been given to them but 100 acres of land each, which many of them were too poor to occupy.f There were not yet seven persons to the square mile, in the Upper Province. There were only twenty places of worship and thirty-five resident preachers:— fifteen methodists, five baptists, four quakere, three presbyterians, three Roman Catholics, three episco- palians, one tunker and one menouist — in the "Western, London, Gore, and Niagara districts, with a population of • Cbristio's History, page 290. t Gotirlay's Cniiarla. ^)age .ViH, vol. /, 1817. 181 1.4 YuUK A.\I> KlN''()vernment, which, as far as any gov- ernment can do, crushed enterprise and fettered trade, both provinces would have so tiourished immediately after the war that tlie reaction which the withdrawal of a few troops produced would scarcely have been felt. As matters stood the provinces were already tlourisliing, and schemes of im- prov6ment were everywhere in contemplation. Steam na- vigation, which had proved so useful on the St. Lawrence, and had, as it were, drawn, the two chief cities of the Lower Province more closely together, was about to be attempted on Lake Ontario. Already the keel of a steamboat, to be 170 feet on deck, was in process of construction at the vil- lage of Ernest-town, for certain gentlemen resident in King- etcm. If possible, tlio new boat was to transport both goods and passengers for the whole extent between Queenston and Prescott. It was, however, feared that the rough water of the lake would be too much for any steamer to contend against. The Americans were also building a smaller steamboat at Sackett's Harbour. A year later and the steamboat Walk-in-ihc- Water, plied between Black Rock, near Buiialo and Detroit, on Lake Erie, occasionally to M.i- chillimackinac. The legislative aiFairs of the Upper Province have as yet hardly warranted comment. There were so very few people in the province for whom legislation was necessary, and there was so much sameness about the business transacted in parliament that comment was barely needful. At first sight it seems that all went smoothly. There could not have been factionists where there were no French people entertaining seditious ideas and cherishing revQlutionaiy projects. But Red-tapism is everywhere the same. In Upper as in Lower Canada, there were only two legislative branches, a Lower, or People's House, a Crown, or Upper 181' i8r GOVi;i{\.VIKNT uK riM'KU CANMjV. 8;il a-5 well as Dii ofarray [)vernment iistry, and s any gov- :ra(le, both after the tow troops tavA stood [lies of iin- iSteam ua- Lawrenee, the Lower attempted boat, to be at the vil- iit in King- both goods enston and h water of o contend a smaller r and the ick Rock, ally to Mi- lave as yet few people 3sary, and transacted At first could not ch people glutionaiy same. In legislative or Upper Hoiiso. Thore was* also a ctMtiiin anioiint of ('n»wii influ- ence in the Lower House, wliich made coustitulional guv- ernment a shum. Tlio freedom of speech was not eren per- mitted to some momhcrs of the Assembly ; and it was quiie impossible to hint at corruption in those times, I'ar less to insist upon the nomination of a corruption roinmittt;e. Tlien; was a continued interruption of harmonious intercourses be- tween the Legislative Council and the Legislative Assem- bly. As the Assembly of Lower Canada liad done and had been treated with regard to an oifer to defray the expenses of the civil list, so precise!}' had the Assembly of Upper Canada acted, tind so had tliey been treated, wlien an ex- actly similar oifer was made. And why ? because the le- gislative and executive functions wei'c united in the same persons. His Majesty's Executive Council was almost wholly composed of the members of the Legislative Counc^il. Both Councils then consisted of the Deputy 8u})erintcndent Gen- eral of the Indian Department, the Receiver General, the Inspecitor General, the Chief elustiee, the ISpeaker of the Legislative Council, and the Honorable and Reverend Chap- lain of the Legislative Council. The Upper House was the mere instrument of some designing confidential secretary to a weak-minded or, at least, credulous governor. Nay, it was said that *•' rufiian magistrates" abounded in those days along the banks of the St. Lawrence, from Brockville to d/ornwall, inclusive, the Lieutenant-Governor being held in leading strings, by the Honorable and Reverend Chaplain of the Legislative Council of Upper Canada and one of His Majesty's Executive Councillors for that province.* It is indeed asserted that after the passage of the Sedition Act of 1804, the misrule of Upper Canada came to a pitch so ex- traordinary, that it was exclaimed against from the Bench, while a jury applauded. Governor Gore appeared to have been creating at the same time, and with the same efltcct, those ti'easonable practices which were so pleasing to Mr. Gourlay, pagi.- 512, vol. 2. (132 PMU.SlX'lTin.NS I'mU uPlMON .S SAKK. i«r Witftliis Ryliiiul, ill TiOwor Canada, and wljicli liud evidently been stirred up, by the uien-in-oftice, with the view of de- priving both provinces of tlio " exact image and transcript of the British eonstiliition," witli which tlic Canadas liad been favored in 1791. Until the invasion, in 1811, political discontent was loud and incessant, as well in Upper us in Lower Canada ; and it was the misrepresentations of the governing party and the outcries of the governed in both provinces, that induced thegovernmejit of the United states to make war, on false pretences, upon the government of Great Britain. There were persecutions for opinion's sake in Upper as in Lower Canada. The newspaper was as odious to the government in one province as in the other. In 180t>, a sherift' of the Home District, in opposition to the will of the Governor, voted at an election. lie lost the shrievalty for his stubborn independence. Thrown upon his own resources, he established a newspaper, which he called The Up'per Canada Guardian^ or Ficcman's Journal. Jle spoke with considerable freedom of the governor. lie attacked the ministerial party. He exhibited abuses with wonderful dexterity and skill. The ex-sherift', Joseph Wil- cocks, was rapidly rising into note. It was time to restrain him. A Captain Cowan was induced to be his persecutor. The truth rapidly becoming dangerous to those whose busi- ness consists in concealing the truth, cannot always be told with safety. Wilcocks alleged that the Governor or his Ex- ecutive Council had bribed several members of the Assem- bly with land, to induce them to vote against the interests of their constituents. Captain Cowan knew that the asser- tion was without foundation. "Wilcocks was prosecuted but was acquitted, gained popularity in return for his persecu- tion, and ultimately obtained a seat in parliament. There was no more freedom for Wilcocks in parliament than out of it. For some extra freedom of speech on the floor of the House, he was thrust into prison. Nevertheless, he acquired an ascendancy in the Assembly, to the great regret of the ininibterialists. He became still more the object of govern- l.sl' 1817. JOSKI'II U'lLCOCKS, M. P. P. ;133 , evidently iew of de- transeript iiadas liad I, politieal 'ppcr as lit 3119 of the ed in both ited 8tatc8 }rumeut of ion's sake or was as the other, tion to the lost the rown upon , which he 's Journal. prnor. lie )uses with )8eph Wil- to restrain jcrsecutor. diose busi- lys be told or his Ex- le Assem- interesta the asser- ecuted but .8 persecu- It. There t than out ■oor of the e acquired ret of the f govern- mental wrath, and when the war broke out, he was deprived of his paper. In 1812, he fought as a volunteer against the Americans, lie was present at the battle of Queonston. lie did all that within him lay, for his country and for his king; but the government of the province hated and perse- cuted him, so that starving and exusperiited,* he deserted to the enemy, carrying with him a corps of Canadians. Joseph Wilcocks, who was an Irishman of good family, and who was persecuted by the ofKce-men of Upper Canada, to the prejudice and without the knowledge of the British govern- ment, was driven into hostile opposition to JJrituin by the most petty and contemptil)le tyranny of a few fellow colon- ists holding office, and was killed during the siege of Fort Erie. Had war occurred while Sir James Craig held Bedard in gaol and kept the Canadicn printing press in the vaults of the Court House, at Quebec, it is difficult to say whether a feeling very difterent to that elicited by the prudent man- agement of Sir George Brevost, might or might not have been exhibited. The government of the province should from the very outset have been only responsible to the people of the province, and Great Britain have only main- tained in acknowledgement of her supremacy a military protectorate of British North America. But Francis Gore, Esquire, Lieutenant-Governor of Upper Canada, again met the parliament of that province, on the 6th of Januaiy, 1816. The business done consisted in an Act to alter the time of holding Courts of Quarter Sessions in the London and Johnstown districts, an Act to repeal part of the Act constituting the counties of Prescott and Russell a separate district, under the name of the District of Ottawa ; an Act to make more eft'ectual provision for the collection of the re- venue ; an Act to provide for the appointment of lleturning Officers ; an Act to extend tlic jurisdiction of the Court of Requests ; an Act to provide, for a limited time, for the ap- pointment of a Provincial Aid-de-Camp, to be appointed by * Ooiirl!»v, page 316, vol. 'i. •.. .''I' 884 ACTS OF IIIK ll'l'ini CANADA MltJ I.-I.ATCKIi. 1817. the Governor, siiid to liavo ton Hliilliiii^s a cUiy in wur, ami tivo sliilIiM_i''.s a diiy in fx-aco ; an A«'t to provi(ii> ,£10r> a your tor tho A(ljntunl-( itnioral uf Militia; an Ai-t to ojuililo the iiovornor to o.stahli.ili ono or moro additional ports of entry ; an Act tororniinorato Williiim Dunimor I'ovvtdl, Esquire, in tho sum of i:l,<)t)U, for las ^orviccs in ascertaining titles to hind ; an Act rcpoalinLT part of an Act; for !:;ranting ito His Majesty an an shop and tavern licences ; an Act to ann'iid an Act to prevent danni;i>'c to travellers on tho hiii'hways ; an Act to grant relief to C'atJjerine McLeod, wlu)se !son was ] II year omiMo tli»; ts of entry ; Esiiuire, in ufT titles to ting to Mis L'cnocH ; an Hers on the e McLeod, [i Clmrlotte led ; an Act I Act grant- i.ses of both ma holding ds, convey- nemy burnt ippointment iud the pro- widows and an Act au- oune in the Gore out of ets; an Act disbursed u of desert- persons en- devi HOC" of T>v lit had v-lTO, as av 'ounoil anu I- o' (-ertain purchase of use of both the circula- )propriating the civil ad- 1817. Cn.VTlM I;D. 1111- niinistrution of the jxoveninient ; an Ad tu iiici-case tiie salaiy of the pre.sent kS|)eala'r of tiie A^si-nibly, and to re- mutjerate tlio present iSpeaker for past sorviees, granting X800 as four years' additioniil salary, and, in future, X'200 to be paid unnually, in aot to lands m mend part higlivvaysv Fel)ruary, ich an Act ! commons arl lament ; ork, Sand- is Majesty >0 for the ice of the leral's Dc- ; : ^36 for I's Office; ,egistrar of I's Office; four clor- 200 forre- and inci^ the town d the Act ice, and to ir ; an Act ic contin- Lct in part 1 Act pro- fficers; an srtain sho- ' gaol deli- , the Court for which unexpect- rorogation he 3rd of ole to take ? prop rie Iv- or expediency of preventing immii ration from the United States, was to be discussed ; the management of the Post Office Gstablishmeiit was to be examined into ; the manner of the disposal of tlie Crown and, Cleray Koserves was to be looked at; and the granting lands to tho volunteer Hank companies, and the incorporated militia wlio served during the late war, was to be investigated. It was resolved to present an address to the Lieutenant-Governor, requesting him to inform the Assembly, whether any orders had been received from England, making an allotmont of land.-^ to the volunteer ami incorporated militia, who served during the war. The Assembly further resolved that an Act had been passed in the reign of George the Second, for natu- lizing sucli foreign protestants as were then or should there- after be settled in any of His Majesty's colonies in North A.meriea ; that an Act had been passed in the thirtieth year of the reign of George the Third, for encouraging new settlers in His Majesty's Xorth American colonies ; and that these Acts were expressly enacted for facilitating and en- couraging the settlement of His Majesty's American domi- nions. The good resolutions of the Assembly were, however, frustrated by His Excellency the Governor, who, having as- sented to several bills, and reserved for His Majesty's plea- sure, a bill for a Bank and another to enable creditors to sue joint debtors separately, summoned the Commons to the Bar of the Legislative Council, and thus addressed the Parlia- ment : — The session of the legislature has been protracted by an unusual interruption of business at its commencement and your longer absence from your respective avocations must be too great a sacrifice for the objects which may re- main to occupy your attention. I come to close the session and 80 permit you to return home. In accepting the sup- ply for defraying the deficiency of the funds which have hitherto served to meet the charges of the administration of justice, and support of the civil government of thid province, a2 T 3^8 dt;uand s I'akliamektaky uhvi.. 1817. i . ■ ' ' I'' <: It . I have groat satif^faction in acknowledging the readiness manifested to meet this exigence. In this session of parliament, Mr. James Durand, a mem- ber of the AssembW, for Wentworth, was accused of hav- iii'T issued an address to his free and independent electors, which was a libel upon tlie Lieutenant-Governor, and a gross, false, and malicious libel on the members of the late House of Assembly. Mr. Durand admitted the publication of the address, but denied that he had spoken disrespectfully of the Governor, and asserted, on his honor, that he never had any intention of doing so. If any gentleman, how- ever, believed that he had abused him, whether intention- ally or unintentionally, he was prepared to give him that satisfaction which was due from one gentleman to another. Mr. !N"ichol was surprised that any gentleman should have made an appeal to the laws of honor. The people of Went- worth had sent Mr. Durand to parliament to be their legis- lator, not their gladiator. Mr. Jones adduced authority from Blackstone to prove the right of the House to enquire into the libel — to prevent bloodshed. Mr. Durand contended that the House had no authority to try him, and even if it had, the jury should be impartial, whereas several members of the House felt themselves to be implicated in the charge against him. Mr. Nichol considered that honour demanded that all the members should remain to decide the question. Mr. Durand protested against his accuser, and spoke flatter- ingly of the Governor, whom he had not calumniated. Mr. Speaker rose to say that no explanation to the House would do away with the malice of the publication. The paper was before the world, wiiicli would draw its own inferences. Ho thought there was no doubt about its being a libel on the Lieutenant-Governor and the Honorable the Legislative Council, but he was not prepared to say how far the House could take cognizance of a libel against any former House of Parliament. A false, scandalous and malicious libel was accordingly reported. Mr. Nichol moved for Mr. Duraiid's <^'omrnitta] to ;raoI. Mr. McNabb moved in amendment. 1817. eadinesa , a mem- l of hav- electors, , and a tlie laUi blication pectfully lie never m, liow- itention- lim that another. lid have )fWent- ir legis- luthority > enquire >ntended ven if it nembers e charge imanded uestion. ! flatter- d. Mr. e would iper was es. lie on the ^islative 3 House House bel was urand'R drnc.nt. 1818 DUllAXD IMPRISONED — WYATT VS. GORE. 339 that Mr. Durand be required to appear at the Bar of the House and apologize, the apology to be published in the Upper Canada Gazette, Si. Catherines Spectator^ and the Mon- treal Herald, which amendment was lost by a majority of three against it. The original motion was carried by the same majority, when Mr. Nichol moved for the commitment of James Durand, Esquire, to the common gaol of the dis- trict, during the session, which was carried in the affirma- tive, by a majority of four! His Excellency, Francis Gore, soon after this returned to England, and was prosecuted in London, by the Surveyor- General of Upper Canada, whom he had deprived of office maliciously and without cause. The Court in London gave Mr. Wyatt, as plaintiff, damages to the amount of £300.*. Governor Gore was succeeded in the administration of Upper Canada, by the Honorable Samuel Smith, on the 11th of June, 1817. The Little Pedlington proceedings of the Up- per Canada parliament, during this reign, are hardly worthy of remark. The same spirit still continued to actuate both Council and Assembly, and the Governor lorded it over both. The voice of the people was remarkable for nothing but its weakness. Sir John Sherbrooke met the parliament of Lower Canada again on the 7th of January, 1818. He informed the Houses that he had distributed the seed wheat and other grain, for which a large sum had been voted during the previous ses- sion, so immediately that the relief had been attended with the happiest consequences. He had been commanded by the Regent to call upon the provincial legislature to vote the sums necessary for the ordinary expenditure of the province. He would lay before the Assembly an estimate of the sums required. He would also submit the accounts of the reve- nue and expenditure for the past year. And he anticipated a continuance of that loyalty and zeal which had prompted the Assembly to offer to meet the expenses of the govern- — ,.— ... ■ .1 -- — _.. ■ ... I. ...I ^ ■■ ■ ■ . . ..—I . — — ■■■ - ■-..^■1 . 1^ , -.11 ' It is not u little curious that the judge in sumuiing up the evidence in this case speaks of Upper Canada being an island. ■M ''if 340 LOWER CANADA CIVIL LIST, 1818. ' r % §. r. ■■■• ;! ment. The Assembly were proud that their offer had been accepted. The public was satisfied that the settlement of the civil list, and the controul of the public expenditure, should rest with the Assembly, and the reply to the speech from the throne was a simple affirmative. Sir John Sher- brooke had informed Lord Bathurst that the permanent ex- penditure actually exceeded the revenue by nearly the sum of £19,000 a year ; and that there was a debt due to the provincial chest from the imperial treasury of £120,000. The salaries of the clergy and pensioners never had been laid before the Assembly, but had been thrown into a sepa- rate list, and although paid in the first instance out of the civil chest had, nevertheless, invariably been provided for out of the extraordinaries of the army. He further inform- ed the secretary for the colonics that, in his opinion, it was desirable that the civil list should be wholly provided for by the province. Lord Bathurst did not fail to take into consi- deration the accumulation, during four years, of the annual excess of the actual expenditure, beyond the appropriated revenue of each year. He quite concurred in the opinion expressed by Sir John Sherbrooke, that the annual settle- ment of the accounts of the province and the government at home would have been at once the most expedient course and most likely to prevent any interruption of a mutual good understanding. Short accounts make long friends. As related to the past, it was a question whether the legislature might not fairly be considered as having sanctioned the ap- propriation, the extra appropriation of the funds, by not ob- jecting to it, when submitted to their notice, or whether any further measures were required for legalizing the appropria- tion itself, or for repaying the debt, which, under other cir- cumstances, might be considered due to the province. With respect to some part of the expenditure, the silence of the legislature must be interpreted into an approbation of it, for they could not but think themselves bound to make good the deficiency of the funds appropriated by themselves to «pecifio objects. Huoh as the charge for the Trinity House. 1818. 1818. TIIK INbTllUCTlONS — FULCnEU. 341 and the payment of the ofKeers of the legitslature, whicli had uniformly exceeded tlie funds raised under the Impe- rial Acts. He saw no objection to considering the silent admission of ^he accounts, submitted to them, as an implied approbation of the accounts themselves, and of the manner in which they had been discharged. But with respect to the future, he considered it advisable that the legislature sliould be annually called upon to vote all the sums required for the annual expenditure of the province. The House was to be prepared for the probable contingency of voting that part of the civil list which provided for the stipends of the Roman Catholic Clergy, and omitting the other part which had reference to the Protestant establishment. The Gov- ernor in such case was to use every means in his power to prevent a partial provision from passing the Upper House, and if it did pass there, he was to withhold his assent. He called the Governor's attention to the necessity of vigilantly watching and guarding against any assumption, on the part of the Legislative Assembly, of a power to dispose of mo- nev, without the concurrence of the other branch of the legislature. This great concession, with which every body was so pleased, was due to the sagacity of Sir John Sher- brooke. He saw how easily it was to be turned to favorable account. He saw that the Assembly would be extraordina- rily well pleased ; and he further saw that the full power of the public chest was all that the Assembly required to be fully in the power of the government. In a word, they only needed the money power to corrupt and to be corrupted. An address to the Governor was next adopted, requesting His Excellency to state whether or not the Prince Regent had forwarded to him instructions concerning the impeach- ment of the Honorable Louis Charles Foucher, one of the Judges of the King's Bench. Sir John Sherbrooke had had a conversation with Mr. Ryland on the subject. The Clerk of the Executive Council, and member of the Legislative Council, had even put his opinion in writing, respecting the mode in which it might be most advieable to carry into exc- 342 ADJUDICATION OF IMrEACllMl::^'Iij. 1818. cutiou the instructions contained in the despatch of Lord Bathurst, dated on the 5th of July, 1817. lie was strongly of opinion that the advice given to Sir John to convey a judicial power to the Legislative Council, by commission, was founded in error. The House of Assembly had ac- quired, by dint of perseverance, and a gradual exercise of privilege, during a period of six and twenty years, some of the most important privileges that attached to the House of Commons, one of which was the power of preferring im- peachments against such public officers of the Crown in the colony as they might deem deserving of punishment or/ re- moval from office; and, as a counterbalancing influence, in the case of Mr. Justice Foucher, and in all similar cases of impeachment by the Assembly, the adjudication of the charges preferred against the party accused was to be left to the Legislative Council, it being added to the instruction, as a reason for the concession, that the party accused could sustain but little injury from a temporary suspension, while, if ultimately pronounced guilty, the advantage of an imme- diate suspension was unquestionable. Mr. Ryland con- ceived that no other power or privilege was, however, in- tended to be conveyed by the despatch to the Legislative Council than that of sitting, as grand jurors of the pro- vince, upon accusations brought by the Assembly against the public servants of the Crown, and that if the charges brought by the Lower House were considered by the Coun- cil as valid. His Majesty would then exercise the Royal Pre- rogative, either by suspending from office or dismissing from his service the party accused. He was strongly of opinion that a communication of the substance of that despatch by a solemn message to both Houses of the Provin- eial Parliament, would be the utmost that either House could reasonably require to enable them to proceed to a final adjudication, as far as the Crown intended they should pro- ceed, upon accusations preferred against individuals b}^ the Assembly. He was astonished at the line of argument adopted before His Excellency for the purpose of forcing an 1818. 1818. MR. UYLAND S OPINION. ;il3 analogy between the Court of the Lord Iligli Steward of England and that which it was proposed to establish in Ca- nada. The High Court of Parliament took cognizance only of crimes committed by Peers of the realm, upon indict- ments previously found in the infeiior Courts. He con- tended that Sir John Slierbrookc was not empowered to constitute any tribunal but for the trial of offences recog- nised as such by statute or common Law. If Mr. Justice Foucher was accused of any such oifence, the ordinary tri- bunals of the country could take cognizance of it and in- flict punishment. Mr. Ryland was deeply impressed with the idea that the longer or shorter continuance of the pro- vince as an appendage to the British empire would be de- pendent on the events of the present or coming session of parliament. Mr. Ryland did not relish the idea of the Legis- lative Council being deprived of its constitutional character ])y the supposition even that it might be compelled to adopt a course of proceeding contrary to its own judgment. He thought that the Legislative Council ought to be made par- ties to any accusation adduced against a public officer bj'^ arrangement. There was no precedent for a commission, and indeed, Mr. Ryland was in everj' way opposed to the plan of leaving to the Legislative Council the adjudication of charges preferred against public officers by the Assem- bly. Sir John Sherbrooke could not understand the reason- ing of Mr. Ryland. He agreed with the Clerk of the Exe- cutive Council that a great change w^as to be brought about in the system of the provincial government, especially with respect to its finance ; but, when it was considered that the mother country was "at present" struggling with pecuniary embarrassments, it was not surprising that ministers should call upon the colonies to contribute to their own support. It was very obvious that, ever since the present constitution had been given to Lower Canada, the House of Assembly had been gradually obtaining an increase of power, whilst the Legislative Council remained in statu quo. The proper balance had consequputly been lort and ho knew of no bet- ■•:. ' •■■I 344 Tllb: CHAMHLY CANAL. 1818. i * ter mode of giving new weight and importance to the Up- per Ilouflo than the measure devised by the Prince Regent that as often as the House of Aaseml)!}' should impeach, the Legislative Council should adjudicate upon the case, and the Council having declared that they had not the power to do so, some more formal instrument than a letter from the Secretary of State to the Governor, to invest the Council with the necessaiy authority to act, would be required. Ta the address of the Assembly an answer was given in a mes- sage to both Houses. The message intimated that the ad- judication of impeachments by the Asseml)ly was to rest with the Legislative Council ; that the Regent trusted that the Council would discharge the imj)ortant duties which thus devolved upon them in such a manner as to give satisfaction to all classes of people in the province ; and that the Gov- ernor, not having had instructions, as to the manner in which the adjudications were to be conducted, would apply to the Regent for instructions and communicate them as soon as obtained. The House of Assembly did nothing, as the wisest course to be pursued, and the Council, now almost raised to a level with the House of Lords, in its own estimation, expressed its thanks in a series of resolutions offered by Mr. Ryland, for the confidence which His Royal Highness had reposed in it. Mr. Ryland and some other members of the Council were most anxious to adjudicate upon Mr. Foucher's impeachment at once ; but, says the Clerk of the Council, in a letter written subsequently to Colonel Ready, the resolutions offered by me, which would have been adopted by a majority of the legislature, were stifled or repressed by artful and solemn asseverations made in the House for the purpose of inducing a belief that the state of the Governor's health was such that a further agitation of the business might endanger his life ! And so ended the Foucher impeachment matter for a time. An Act was passed for the incorporation of a company to con- struct a navigable canal, on the Richelieu, from Chambly to- St. Johns, a work subsequently undertaken and completp., his son-in- law appointed to the Lieutenant-Governorship of Upper Ca- nada. His Grace was looked upon indeed as a semi-deity. But the Duke was exceedingly poor, and perhaps owed his own appointment as well as that of his son-in-law, as much to the influence of the Duke of Wellington, who was his friend, as to his own. He summoned the legislature of Ca- nada together on the 12th of January, 1819, but merely in- timated that the Queen had died, and adjourned the public business, out of respect to Her Majesty's niemor}--, until the 22nd of the month. The opening speech on that day was a wretched affai r. The Duke did not recommend anything beyond a provision for the expcni^es of the civil government, CD. 18T8. 1810. Ills (JKACE lUli l»Ulvi: OF ItlCJlMuNDri bl'LLClI. 3i: r])rookc tor iiricd somc- azinc. The rune, tlic cx- [• Freer, who jivingston, a other fX'GC- nnes Tlioni- [' the follow- iously to tliti with hia two beside him, now stands, ist, recalled. He was re- [ucstcd to be John sailed iracter either Richmond, ef, had been ditary rank, ion obtained ere military )mpanied by his son-in- • Upper Ca- se mi-deity. )S owed his LW, as much ho was his Liture of Ca- merely in- d the public y, until the it day was a d anything :ovcrnracnt, which the illness of Sir John Sherbrooke had prevented him from completing; and the reply to his Grace was as tame as Ilia Grace's speech. It was very like two individuals in meeting, saluting each other with the words — "good morning, Sir," — "a good morning to you, ISir," — '■^ .s/mbm diichcm," as the Jew has it, to be returned with ^^alah-him shalom," "peace be unto 3'ou," — "with you be peace." His Grace was not slow in submitting the estimates of the ex- penses of the civil government for the year 1819. Instead of £73,040 currency, as before, the estimate was now X81,- 432. The House could not understand the sudden increase. Was it necessary to pay jC1o,000 extra for a Duke ? That was gracious goodness to an appreciable extent! The esti- mate was referred to a select committee, who were to make as ostensible as possible the necessity lor the increased de- mand, and if that could not be done, to say why not. The committee reported that the interests of the counti-y would best be served by making an unqualiiicd reduction of those sinecures and pensions, which, in all countries had been con- sidered the reward of iniquities, and the encouragement of vice, and which had been and still were subjects of com- plaint in England, and would, in Canada, lead to corrup- tion, and that too while the estimates contained the item of j68,000 sterling a year, to be placed at the disposal of Ilis Majesty's representative, for rewarding provincial services, and for providing for old and reduced servants of the gov- ernment and others. Mr. liyland had already been in cor- respondence with the Duke's Secretary, Colonel Heady, and hence the provision in the civil list for decayed servants of the government. AVlien this manoouvre failed, an attempt was made to obtain a permanent provision for the civil gov- ernment of the province, during the reign of the sovereign,, and that failing, another was made to vote the civil list money en bloc ; but the Asssembly w^ould only listen to one proposition, however democratic it might be, and that was to vote the civil list annuallv, item bv item, ro that the House might incrca.-'e or diminish particular salaries at wilk K' . I. SJS UKJECTIoN OF THli: CIVIL LfST— LACHINIi TANAL. 1810, l< ' Tli(5 AHsombly tlieu went tliroiiuh liio civil li«t, affixing to each otHeo a salurv. and [)asHini^ over without any appropria- tion such otiicoH as woro citlicr positive siiicfiires or little else. A bill wu8 introduced and carried tIirou,i:h the third reading:, grantiuLi; lo oiKees partieulariy specitied, particular Kalaries. It Avas sent to the Le^'islative ('ouneil for concur- rence, and was there at onee rejected. The (.'ouneil looketl upon the Tnod(i ado])ted l)y the bill of ,ifrantin<;' a supply to His Majesty as nnprecedentcd and unconstitutiunal, as an assumption of the prerogative of the Crown, as calculated to prescribe to the Crown the nunil>or and deserijjtion of its servants, and as certain to make the Crown oHicers depend- ent on an elective body, whereby they mio-ht be made in- strumental in overthrowing tlie Crown itself. Thus was the civil list bill lost. A company was incorporated to construct u canal between ^lontreal and Lachine. <£o,000 was appro- priated towards the apportionment of lands to the militia who had served during the war; and Pierre Bedard, P]s- quire. Judge for the district of Three Kivers, was impeach- ed ])y Mr. C. R. Ogden. Mr. Ogdeii accused Bedard of prostituting his judicial authority to the gratification of personal malice ; of tyranny; of imposing fines upon his enemies on preteuce of punishing contempts of Courts ; of uttering expressions derogatory to the other judges of the Court in wliich he sat ; of having accused the barristers of Three llivers frequently of- high breaches of moral and pro- fessional rectitude; of having wickedly imprisoned in the common gaol of Three liivers, Charles Richard Ogden, Es- quire, then and still being His Majesty's Counsel for the said district, for an alleged libel and contempt against the provincial Court, in which Mr. Bedard was the judge ; for having illegally fined Pierre Vezina, Esquire, an advocate practicing in Court, ten shillings, for pretended contemptu- ous conduct ; and for having grossly and unjustifiably at- tacked the character of Joseph de Tonnancour, a barrister. The articles of impeachment were referred to a committee which reported in favor of the judge, and the House (\\d nc»t. therefore, impeach him. li CANAL. 1810. list, affixing to t iiiiy ai)i»i'opri{i- iiocuivrt or littlo rou,i:li the third •iruid, jiartifuhu- ncil for eonciir- C'oiuic'il hiokc'd tin<;' a sujiply to itntiuiial, as an 1, as calculated L»scri]>tion of its ohicers depend- ;ht he made in- , Thus was the itod to construct ,000 was appro- Is to the militia 3rro Bedard, Es- «, was impeach- iscd Bedard of ^•ratification of Hues upon his s of Courts ; of r judo-es of the ic barristers of moral and pro- prisoned in the jird Ogden, Es- Counsel for the ipt against the the judge ; for re, an advocate ded contemptu- injustifiably at- )ur, a barrister, to a committee the House did 1.^19. ADDITIONAL IM I'llAi'IlM MNTS :!4J> While this wa-* going on a mi'ssagc was recdvod from His ("Irace tlic (}overMor-iii-('liicl', a»'(|uaiiitiiig tlie incmhers of the Legislatives (^omicil that tlie i'omnuuids of the Priiico liogcnt had been r(>('eived respecting the iM'ocrcdlngs of llie Assembly against .Mr. Foucher. The Uegciit dirt'cted that the Assemhly, ])revious to afiy ulterior proceeding, should lay before the (.}o\'eruor-in-C'hicf such dotMinu'iitaiy evi- dence as they might consider adeipiate to su|>port the charges which they had hrought iigaiiist Mr. .Iiistice Fou- cher, and that copies of such duirges, of hiicIi docuincntai-y evidence, and of the examination alreadv taken and annex- ed to the charges should be then transmitted hv His Clrace the Governor-iu-Chief to Mr. Justice Eoucher for liis an- swer and defence, which answer and defence would be sub- mitted to the Assenddv for their reply, Avlien the whole of the documents would be submitted to the liegent for such further course as the case might require. The Legislative Council were quite shocked ut this message. They had been told that thpy might adjudicate upon cases of im- peachment, and now it was commanded that they should gather evidence and send it to the liegent for adjudication. The Council dutifully remonstrated, feeling it due to itself to state to His Grace that at the time of receiving the late Governor's message it was prevented from taking more upon itself than to return its humble thanks for the " de- cision" of His Royal Highness the Prince Regent, on the subject of its address of the 3rd of March, 1817, by repre- sentations made in the Council, that the state of His ICxcel- lency's health was such that a further agitation of the busi- ness at the moment might eiulanger his life. But the House confidentl}- relied on the communication, contained in the message, that the "arrangement" therein announced with respect to the adjudication of impeachments by the Council was final. If representations had subsequently been made tending to withdraw from the Council the favor and. confi- dence of the Crown, all doubt would be removed by the communication which thev solicited from His Excellencv as 3'>0 SOMM FKELIXiJ KVIXCED liY THE LE(JISLATIVK COUNCIL. 1819. to the Royal intervention, and the House would linally l»e able, with His Grace's powerful support, to secure tlio full and free exercise of a privilege, without which the balauco of an admirable constitution would be destroyed, and the second estate of tlie provincial legislature be reduced to in- significance and contempt. The answer to this address was most euipluitic. Mr. J u?tice Foucher was ordered to resume his functions as a Judge of the Court of Kino-'s Bench, at Montreal; and the Duke turning from the Council, drew the attention of the Assembly to the necessity which existed for a reform in tlie judicature. The Assembly had indeed already expressed an opinion to the effect that it was neces- sary for the independence of the judges that they should not be withdrawn fi'om their judicial duties by holding any other offices in the civil administration of the government. The House of Assembly paid verj little heed, however, to the recommendation of the l)uke. There was, indeed, no ministry in the conlldence of the majority to originate any business in the Lo^^'er House, and for one of a minority, the creature of the government in the Assembly, and without the shadow of influence in it^ to take the matter up, would have been worse than useless. The Lower House was, in- deed, like a ship without a helm. It was uncontrollable. All that a governor could do was to look upon the most po- pular man in the Assembly, as if he were a minister of State, and govern in such a manner as to suit his views. The ex- pediency of erecting the Eastern Townships into a judicial district had been represented to the Assembly at its previous session. It was considered a denial of justice to recjuiro people situated as the Eastern Township farmers were, in a new and rather far off country, wdien the want of good roads is considered, to sue and be sued in the Courts of Montreal, Three Rivers, or Quebec. But they stirred not. They merely appointed a committee to draw up a statement of the receipts of the provincial revenue of the Crown, and of the disbursements by the lieceiver General from the date ol the constitution to 1811); and also a statement of all the COrNCTL. 1815). iild liiially l>e 'cure tlio full L'h tlic balauco 03'Cfl, and the reduced to in- is address was crcd to resume lo-'s Bench, at Council, drew ' wliicli existed ly had indeed t it was neces- t they should by holding any le government, d, however, to ras, indeed, no originate any a minority, the and without itter up, would louse was, in- luncontrollable. n the most po- nister of State, ews. The ex- into a judicial at its previous lice to require ers w^ere, in a of good roads ;s of Montreal, d not. They a statement of Crown, and of lorn the date ot ent of all the 1810 A. PAIL, STRAIIAN, AM) UATl. i^ VAi^E. 8;U appropriations made by the legislature, and of tlie amount paid upon each of them by the Kcceivcr GencM'al, the ba- lance to be stated and the monies to bo counted. There vras ovideutly a suspicion in the minds of some oi' the members of the Asseml)ly tliatthe National Banlv had been paying interest out of the new deposits and that tlic managers were living in ^be same style of novelty. However that may have been, the business of legislation was now concluded, and His Grace the Duke of ]iichmond, Lennox and Aubi- guy, Govcrnor-iu-Chief of Canada, and Captain (General of British North America, came down lo the Legislative Cham- bers in State. He took his seat upon the throne (piickly. lie seemed to speak to his attendants testily, lie sent for the Commons impatiently. And he looked sternly. Colo- nel Ready, as soon as the Commons had appeared, handed His Excellency, who was not particularly gracious, a paper to read. " Gentlemen ot the Legislative Council," were the first words uttered, and all eyes were upon the Duke. " You have not disappointed my hopes. I thank you for your zeal and alacrity. Gentlemen of the Assembly : — It is with deep concern that I cannot thank 3'ou in connection with the result of your labors and of the principles upon which they rest. You proceeded to vote a part of the sum required for the expenses of 1819, but the bill of appropria- tion which you pn.' tared was founded upon such princijjles that it had been rpost constitutionall}' rejected by the Upper House, and tho government has been left without the supplies necessary for the support of the civil administra- tion for the ensuing year, notwithstanding the voluntary ofter given to the King in 1810." His Grace had recom- mended by special message the consideration of the Judica- ture Act so that it might be amended, and the Assembly had not even proceeded with it so far as to enable the Gov- ernor-in-Chief to transmit the result of the parliamentary proceedings to the King's ministers, with the view of ob- taining the opinions and assistance of the law oilicers of the Cn^wM in England. He did trust, therefore, that at an earl} ii'd A TK,\K. 181i>. (lay in the next session tlie matter would be procoeckd with, lie liad assented to the militia bill with relnctancc. It was not necessary that the otli(!ei's should be natives of the pro- vince. Tlicre were many half-pay officers of tlie army who were much better fitted fur holdin"- commissions in the mill- tiathan Avealthy habitants were; and llicre were clerks, and other enterprising young men about cities and towns, who, on any emei'gcncy, were equally as v.ell ada})ted for officers of iliilitia as any scujaciir whatever. The population of the province attbrded excellent matei'ials for a defensive army, but a general and proper selection of officers was necessary to make it formidaljle to an active and enterprising enemy. The selection of officers must only belong to the executive power. This speech did not raise the Duke of Richmond in the estimation of the Commons of Canada. Some were inclined to laugh at His Excellency, while not a few were offended. His Grace had been evidently tampered with. He was not looked npon as a free agent. AVhile perfectly willing to defray the expenses of the civil administration, the Commons felt no disposition to build up a pension list or to be in any way burthened with life annuities to officers of the imperial army, for whom the imperial government was bound to provide. All the officers required in the civil government of the countrj^, the Commons were prepared amply to remunerate, but they were not at all prepared to award salaries for the perpetuation of sinecure offices, the holders of which had never set a foot in the country. The Commons, in a word, desired to have some control over the government itself, as, in a free countrj^ all power should pro- ceed from the people. This was denied to them. They were required to do whatever the government desired, and refusing obedience, they were castigated, castigated by the representative of the sovereign of a free country, of which C/anada formed a part. In spite of this rugged mode of governing, the country was nevertheless, making progress. Business was brisk. The population was rapidly increasing. A steamer had been placed on the Ottawa, The Rideau :^,oe(led with, ncc. It was 3 of tlie pro- LC army who s iu the mili- e clerks, and towns, who, I for officers hition of tlie ;nsive army, ras necessary .sinjji; enemy, the executive 3f Richmond Some were )t a few were npered with, ule perfectly hiiinistration, a pension list ies to officers sfovernment id in the civil ere prepared 1 prepared to offices, the ouutry. The itrol over the 3r should pro- them. They desired, and igated by the try, of which ged mode of ing progress, ly increasing. The Rideau is 117. hlIir:Al CANAI. — I'oi'l'LATlDX — BANKS. (.'anal t*^* <'oniiect iho Ottawa with Lake Ontario, at Iviiig- aton, had been commen'Td. at the cxi)ense of the imperial government, as a militan- work. Quebec contained 11,008 houses, and a population of 15, "i")! souls, of wlioni ll,;t01 were Roman Catliolics, and 8,2GG were Protestants. Four new vessels had hocu built at (Quebec in the course of the past year, niul -lUO ve'ssels of l)l-, Majesty's pleasure by Governor Gore. The roads, in rpiur Canada, were at this period so indifferent that tiiere were out few common carriages, while the inns were so inditi'erent that in the summer season travelling was for the most part ar- complishod by water. Indeed the J'acilities afforded by water for tnivollinu' in some vei'v <'n]|sider.d)lo decree im- h2 354 I'PPKR CANADA — MR. GOLKLAY. 1819. I peded the improvemeut of the roads, between towns situated very far apart. Sir Peregrine Maitland having assumedjthe government of Upper Canada, met the parliament of that province, for the first time, on the 12th of October, 1818. His "maiden" speech from the throne was noticeable for the remark that parliament would feel a just indignation at the attempts which had been made to excite discontent and to orffanize sedition, accompanied by the hint and suggestion that should it appear to parliament that a convention of dele gates could not exist without danger to the constitution, in framing a law of prevention, parliamentary wisdom would be careful that it should not unwarily trespass on that sacred right of the subject to seek a redress of his grievances by petition. Mr. Robert Gourlay, of Craigrothie, Fifeshire, in Scotland, had emigrated to Upper Canada, with the view of settling himself and family and indeed of making a set- tlement in some suitable spot. Mr. Guthrie had peculiar ideas with regard to emigration, free.trade, and liberty of speech. He was a democrat, but not, ]>y any means, a re- publican. He was not politically connected with either Cobbett or Hunt, although he seems to have known both of these gentlemen. He was not in the habit of attending such meetings as those that were held at Spa-fields and were then termed "radical" meetings, although he had been at a meeting in Spa-fields. He had been both in Ire- land and in the United States, but he was neither an Irish rebel nor an American revolutionist. He had only a bee in his bonnet, which has since buzzed in the bonnets of a very great number of men, whose loyalty or patriotism has not been even doubted, and, who, consequently, have never been marked "dangerous" by a colonial Justice of the Peace. Mr. Guthrie conceived that Canada was capable of absorbing about 50,000 of the poor of England, Ireland, and Scotland, annually ; that a land tax was preferable to taxes on trade and manufactures, eppeelall}' in a new coun- try ; that there should bo three description of roads — pro- 1810. 19 situated srnment of ivince, for "maiden" jmark that 3 attempts ;o organize istion that ,n of dele ititution, in lorn would that sacred Bvances by , Fifeshire, th the view aklng a set- ad peculiar I liberty of naeans, a re- with either own both of f attending a-fields and gh he had both in Ire- er an Irish nly a bee in ^ts of a very m has not have never ;tice of the s capable of ,d, Ireland, referable to new coun- Iroads— pi*0" 1819. MR. GOrRT.AY S 8CHPMBS. 3*^ oo vinciul, district, and township ; that it would be advanta- geous to connect the lakes of the St. Lawrence together, and permit the free navigation of the Canadian inland wa- ters from Lake Superior to the sea; that free trade should exist ; and that there should be no hindrance to the expres- sion of public opinion, however oflensive to the authorities such public opinion might be. Mr. Guthrie arrived in Car nada in the summer of 1817, and after looking around him, determined upon establishing himself as a land agent. He had, in truth, conceived schemes for a grand system of emi- gration, and set about obtaining statistics with the view of setting forth the capabilities of the country to the people of England. He addressed the landowners of Upper Canada for information. He sent circulars to the people, hut unfor- tunately made allusion to the able resolutions brought for- ward at the close of the last session of the provincial par- liament. He brought the matter before the parliament it- self, but that body having been suddenly prorogued, by Governor Gore, the idea of a convention suggested itself to Mr. Gourlay. The Executive of Upper Canada took alarm. The desire, for a knowledge of the condition, circumstances, and requirements of the townships and districts, was in con- nection with some radical schemes for upsettini:; British au- thority in the Canadas. Mr. Guthrie was misrepresented and, with the view of creating a general panic, he was ar- rested. Nevertheless, deputies were chosen and a conven- tion was held at York. In this convention the political restraints to which the colonists were liable wore fully dis- cussed. There was undoubted mismanagement on the part of the executive government, and Gourlay advised a peti- tion to the Prince Regent, soliciting the appointment of a commission from England to make enquiries. Such a pro- posal could not fail to give offence. Gourlay was arrested and carried before the most virulent of his political enemies. He was tried and twice acquitted, but the London Courier^ of the 8th of July, 1818, arrived, in which he was alluded to aa " one of the worthies, who had ejicaped after the dis- . . ■ 85C GOURLAY ARIIERTED. 1819. graceful proceedings of Spa-lields." That was enough. Mr. Gourlay was brought before a magiBtrate, Mr. Dickson, M. P. "Do you know Mr. Cobbett?" asked tlie magis- trate. "Yes," answered the culprit. "Doj'ou know Mr. Hunt?" "Yes." "Were you at Spa-lields?" "Yes." " Were you ever in Ireland ?" " Yes." " Were you lately in the Lower Province?" "Yes." " Were you lately in the United States ?" " Yes." " Was it you that wrote tlie article in the Spectator, headed " Gagged, gagged by jingo ?" "It was." Then," said Mr. Dickson to his fellow magis- trates, " it is my opinion that Mr. Gourlay is a man of des- perate fortune, and would stick at nothing to raise insurrec- tion in the province." He was committed to gaol charged Anth treasonable practices ! There was then, indeed, no real liberty in the province, and Mr. Gourlay had made use of words which only could be used safely in England. The magistracy were completely in the hands of the Executive Council, and a considerable number of both Houses were inclined to do whatever they were ordered. Indeed there were few politicians in the country, politics not having yet become a trade. The Commons replied to Sir Peregrine Maitland just as he wished. They were convinced that a convention of delegates could not exist without dans^er to the constitution. Kay, they even went further, and on the 19th of October, presented an address expressing just in- dignation at the systematic attempts that had been made to excite discontent and organize sedition in the province, and they deeply regretted that the designs of one man should have succeeded in drawing into the support of his vile ma- chinations so many honest men, and loyal subjects of Ilis Majesty. A bill was passed indeed to prevent the organiza- tion of persons, who might degrade the character of the pi^ovince, and after assenting to several bills Sir Peregrine Maitland clewed the session by thanking parliament for the seasonable aid of "An Act for preventing certain meetings within the province."' He conceived that if the people were aggrieved they could send a petition to the foot of the 1811>. 1810. GOUKLAY S EJKCTMLNT — PARLIAMENT. iigh. Mr. Dickson, e magis- now Mr. "Yes." oil lately lately in wrote the y-jingo? w magis- m of des- insurrec- charged idecd, no made use md. The Executive uses were eed there laving yet Peregrine ed that a danger to lid on the just in- made to ince, and u should vile ma- cts of His organiza- ter of the Peregrine lit for the meetings ople were iot of the throne. The Surveyor Cieiieral's Department was to be uliolished. He was ju'oud of the sentiments expressed by the House of Assembly and would send them to His Majes- ty's government. Had the public mind been tranquil, he would have brought before the Houses a few objects of ge- neral importance, one of which w^as a remedy I'or the une- qual pressure of the road laws. Mr. Gourlay was retained in gaol, then ordered to leave the province, and, on refusing to go, was tried for disobeying an Act of parliament. He was forcibly ejected from the province, and it w^as not until J 847 that the province of Canada offered him redress in the shape of a pension of some fifty pounds a year, Mr. Gourlay being then resident in Scotland. Governor Maitland again met the parliament of Upper Canada on the 7th of June, 1819. lie informed the parliament that the Queen had closed a long life, illustrious for the exemplary discharge of every ]Hiblic and private duty ; that the Regent had authorised the governors of both Canadas to bestow lands on certain of the provincial army and militia, " which served " during the late war ; that recent purchases from the natives had been so far effected, as would enable him to set apart tracts in the several districts, to accommodate such of their respec- tive inhabitants as w^ere within the limits of the royal in- struction ; but that he (Governor Maitland) did not consider himself justified in extending that mark of approbation to any of the individuals, who composed the late convention of delegates, the proceedings of ■^'^'^hich were properly the sub- ject of very severe parliamentary animadversion. The royal assent had been given to the bill for the establishment of a provincial bank, but, from some delay, it did not arrive in time for promulgation, within the period limited by law ; the form of an enactment would, therefore, be necessaiy to render it available. He was deoply impressed with the necessity of an amendment to the road law ; neglected grants of an early day were becoming a serious evil. The exemp- tion of any land belonging to individuals, from the opera- tion of the assessment law, was found to be detrimeutal : a 358 aoVliRNOK MAITLAND AND THIi CONVIiMIUN. 1819. * T new bill so modified as to protect tlie land from sale by dis- tress until due notice could be given to the proprietor would receive His Majesty's assent. The public accounts would be laid before the House of Assembly with the esti- mates for the ensuing year. The growth of the province in population and wealth, justified a reasonable expectation that the measures adopted to encourage it would receive the fullest suppport : and the expediency of affording the new settlers, situated remotely from the great lakes and rivers, an easy approach to market was apparent, and with other matters w^ould, he hoped, be attended to. The speech in reply was satisfactory, but there was an under current of public opinion, not quite so satisfactory. It was considered that Governor Maitland had exceeded his authority in with- holding in part that which the Regent had instructed him not to withhold at all. Conventions were not illegal. The right to meet and discuss public measures had never been called in question. The convention was composed of men who were altogether loyal. To upset the government of the province or to get rid of imperial authority was never con- templated. All that the members of convention desired was the repeal of several grievances, and they meant only to petition the Regent for their removal. The executive in- fluence in the legislature was overwhelming and mischievous. The governor had not only the disposal of eveiy civil office, and of every civil and military commission, but of land to a boundless extent. That influence had been repeatedly misapplied. The lamentable efl'ects of such a misapplica- tion of influence had been too frequently witnessed. Public duty w^as neglected. The whole face of the country was pining with disease. ]!!N"ature was everywhere struggling with misrule. And civilization itself was on the decline. In Upper Canada the image and transcript of the British constitution was now only reflected by Major-General Sir Peregrine Maitland, and five executive councillors. Legis- lation was embraced in a governor's speech from the throne. About the time of the prorogation of the fsession. His 1819. 1819. DEATH OF THE DUKE OF RICHMOND. 869 le by dia- •oprietoiii accounts I the esti- •oviuce in ;pectation jceive the the new nd rivers, ith other speech in jurrent of onsidered y in with- Licted him ^al. The ixer been id of men ent of the lever con- n desired ant only ive in- Ichievous. ivil office, f laud to speatedly sapplica- Public |ntry was ruggling decline. British eral Sir Legis- throne. ion. His Grace, th/ Duke of Richmond, came to Upper Canada, on a tour of inspection. His Grace and his son-in-law went to Niagara together. Important internal improvements were contemplated, and the two governors were desirous of ascer- taining how they might be effected. The Duke, after a short stay in Upper Canada, bade farewell to his relative, and, with Colonel Ready, his secretary, was on his way to Quebec, when, somewhere between Kingston and Montreal, he became seriously ill. It is not very certain what ailed him. Ho was said to have been bitten by a fox. However, he died, in a few hours, of excruciating suffering. He sup- ported, for the brief period, a disease, supposed to be hy- drophobia, with undaunted constancy, and yielded up hia spirit on the 28th of August, 1819. His remains were brought to Quebec, and there interred with great pomp and ceremony, beneath the altar of the Church of England Ca- thedral, but as yet no monument has been erected to his memory. The administration of the government of the province of Lower Canada was, on the death of the Duke of Richmond, assumed by the senior member of the Executive Council, Mr. Monk, and President Monk issued his proclamation to that effect, on the 20th of September. He summoned the legislature to meet for the despatch of business on the 21st of February, 1820. Mr. Monk had, however, hardly as- sumed the government when Sir Peregrine Maitland arrived in Quebec, from Upper Canada, to take the administration of affairs into his hands, according to instructions which, on his appointment to the Lieutenant-Governorship of Upper Canada, he had received from the imperial government. He did not stay long. He merely advised Mr. Monk, whom he left in charge of the government, and on the 9th of February he set out again for Upper Canada, to dissolve the parliament. The existing parliament had been very refrac- tory and had been admonished even by the late Governor- in-Chief The Parliament was dissolved and writs for an election, returnable on the 11th of April, issued. Gaspe ?>G0 AXTAliONIfJM — MAITI.AND AND TlIK L. C. AH.SKMHI.Y. 1820, t . I. fr \mi\ij; very rcrnoli'Iy ^e()|>le ai»))rovo(l of the course i>nrsue(.l hv Hie late Asseinhlv in the matter of the eivil list and indeed approved of their ]»roeee(lin,ffs g:enerally. tSir Peregrine returned to (^uehee on tlie iTth of Mareh, after he had prorogued the parliament of L^pi)er Canada, ami having assumed the management of the pul)lie business, lie convened the parliament on the 11th of April, the very day on which tlie writs were returnable, (lasjte oidy excepted. He oiR'.ned the Ifouse with a speecli renuirkable for notbing hut its brevity. Mr, l*apinoau was re-elected Speaker and the choice approved of. But tliis was no sooner done tban the Assembly found themselves incompetent for tbe transac- tion of business, 'riie House must, bv law, consist of liftv members, and only forty-nine bad been retn rned. The Gaspe writ was not returnable until the 1st of June, There was no House. Business could not legally be carried on. A juessage came down from the (lovernor recommending the renewal of certain Acts of the legislature. The House paid no attention to the message. The Honse at last resolved that it could do no business. The twelve months within which u session was necessary would expire on the 24th of April, and there could bo no return of the Gaspe writ until the 1st of June. The Governor was informed of his "lix," but was by no means pleased. He did not believe in such nonsense as the unavoidable non-return of a single mem- ber being a matter of such importance as the Assembly ul- leged. He begged that they would go on with the public business. The House would not budge. A message came from the Legislative Council, and the messenger knocked, luit the door of the Assemblv remained closed. The gov- ernment had dissolved the parliament stupidly and the par- liament meant stupidly to dissolve the government. It was the 21th of April when the news of the death of King A', 1820. 1820. AltKIVAI, OF Lour) DAI. lint. -I K. 3lJl thiiiu!' WHS issolntioii. 10 ; /verii- tlic course civil list rallv. yir ircli, jit'ttM' IKUlil, iUnl isiiiess, lie e very day excepted, or iiotliini^ eaker and done tluiii lie t ran sac- list of iifty The Gaspe There was ed on. A dinjjj the ouse paid resolved s within le 24 th (d' writ until lis "iix," c in such ffle mem- cmhlv ul- le public sasjc came knocked. The tcov- d the par- It was 1 oi' Kinf; («eorL!;e the Tliird reached Quehec, by way of Xew York, when the Administrator was olt'ercd an excuse tbrunotlier dissolution, by wliicli the accident threatcn((d by the previous dissohition could be escaped. I'arlianient was dissolved, duriui^ the tiriu!^ oi' minute uuns and tlie tolling of bells; and a new king was proclaimed by ihe sheritl', after a salute of 100 guns had been iired, on the Thice d' Amies, in pre- sence of the (Jovernor, tiie lu-ads ol'dej»artments, the troops and a crowd of people. There was no other occurrence of moment until the arrival of the now (Jovenior (ieneral, the Karl of Dalhousie, who arrived from Ilalitax, wliere he had administered tlie m>vernment of Xova Seolia. on the 18th of dune, in H. "SI. S. jVcirrrts/fe. Lord Dalhousio was a soldier. lie had been altogether educated in the camp. To the trickery of diplomacy he was (piite a stranger. lie had not long arrived when the general elections took place. Mr. Papineau, the Speaker of the late Assembly, was at the hustings addressing a Montreal constituency. How strong the feeling was in favor of British constitutional rule in comparison with the Bourbon fasliion of ruling colonies, the Earl of Dalhousie learned from Mr. Papincau's own lips. A great national calamity had made it imperative upon Mr. Papineau to court the favor of his constituents a second time in one year. A sovcreiii;!! who had reic:ned over the inhabitants of Canada since the day in which they had be- come British sulijccts, had ceased to breathe. To express the feeling of gratitude which was due to him, or to say how much his loss was mourned would be impossible. Each year of his long reign had been marked by new favors be- stowed on the country. A comparison between the happy situation of Canada at present, with the situation of Canada under "our" fore-fathers, when George the Third became their legitimate monarch, would sufficiently indicate the extent of the calamity which Canada had sustained in the death of Ihe good old king. Under the French government the rule was arbitrary and oppressive. Canada had been neglected by the French Court, and mal-administered bv the French IMAGE EVALUATION TEST TARGET (MT-3) /y 1.0 ^1^ 1^ 1.1 ■it m £ 1:3 12.0 IL25 IHI 1.4 I' 1.6 Hiotographic .Sciences Corporation 4 a? V V ;\ \ <^ 23 WEST MAIN STREIT WiBSTM.N.r. MSN (716)«72-4S03 6^ 4^ f .^J^ ■ ■« , 3«>2 r.U'lNKAU :S bl'EKCH AT SIONTIIIML. 1820. L Vicerovrj. The fertility of tlie soil, the salubrity of the cli- mate, and the extent of torritory which might even then have been the peiiceful abode of a numerous and happy po- pulation was not considered. Canada was looked upon as a mere military po^t. The people were compelled to live in perpetual wai-fare and insecurity. There was no general trade. Trade was in the hands of companies. Famine was of frequent occurrence. J^ublic and private property were insecure. Personal liberty was daily violated. Year after year the inhabitants of Canada were dragged from their homes and families to shed their blood, and carry murder and havoc from the shores of the great lakes and the banks of the Mississippi and Oliio, to the coasts of T^Tova Scotia, Newfoundland, and Hudson's Bay. And now, how changed ! The reign of law has succeeded to that of violence. Reli- gious toleration ; trial by jury; the Habeas Corpus ; and the right to obey no other laws tlian those of our own making, have taken the place of perpetual warfare and perpetual in- security. Such was the news received b}' Lord Dalhousie, on his arrival, and that too immediately preceding a deplorable period of agricultural distress in both of the Canadas ; when the absence of all demand for wheat had compelled several farmers in the district of Montreal to send hay, oats, and vegetables, in boats, down the river, for the chance of a nuxrket at Quebec ; wdien in some of the parishes of Mon- treal, which formerly sold great quantities of wheat for ex- portation, farms partly cleared, with a log house and barn, had been sold at sherift"s sales, for less than the usual law expenses incurred to eifect the sale ; and when one immedi- ate consequence of this distress was expected to be on the part of the farmers a compulsor}' resort to family manufactures for their supply of clothing, as they must soon otherwise have been without the means of protecting their bodies against the inclemency of the seasons. Commercial operations had, how- ever, been tolerably brisk. 585 vessels of 147,754 tons had arrived from sea, in 1820, and 7 new vessels had been built at Quebec. ,€074,556 worth of merchandise had been im- ported. 1820. of the cli- even then [ happy po- i upon as a d to live in no general ^^aniine was •perty were Year after from their pry murder 1 the banks ova Scotia, w changed ! )nce. Reli- U8 ; and the vn makings (crpetual in- , Dalhousie, a deplorable 3 Canadas ; compelled d hay, oats, chance of a ics of Mon- leat for ex- e and barn, usual law ne immedi- on the part ifacturcs for erwise have against the ishad, how- 4 tons had been built I been im- 1820. DALlIOLXIIi's OrtMNG PAIM.IAM IN TARV bl'KKCn. o'O^i Lord Dalhoubie met the K*e overcome, and there were tdso prejudices in the minds of strangers, afi'ectinp; their settlement in Lower Canada, fertile as it was, olferijig us it undeniably did, so many facilities for manufacturing operations, and present- ing, as was a[)j)arent, so wide a field for internal trade. In- ducements should be held out to new comers, with the view of making them spread more wideh'. Parochial churches should be erected, lioads affording access to distant wood- lands should be laid out. For himself, lie would assure the Assembly tluit he had no object in view but the good of the countrv. The Assemblv liked the frankjiess of the I' • Governor-in-Chicf They had no idea, liowever, of perma- nently appropriating, in the then uncertain state of trade, an amount for the civil list, exceeding half the usual amount of tlie whole revenue. They would vote annually, in ac- cordance with their promise to Sir John Sherbrooko, all the necessary expenses of the government if His Excellency ])leased, and no more. With regard to permanent taxes the\' believed such a mode of taxation to be impracticable. They w^ould, however, investigate the effects that might re- sult from a long duration of the revenue laws. They would, if it w^ere possible, inspire the commercial classes with conli- dence. Legislation was then proceeded with. The civil list was lirst considered. The estimate divided the list into classes. There was the Governor-in-Chief andhisstaft*; the Legislature and its officers ; the Executive Council and its officers ; the Judges, Sheriflts, Clerks of Courts, and Tip- staffs ; the Secretary and Registrar of the Province ; the Receiver General and his clerk ; the Surveyor General and clerks; the Surveyor of Woods ; the Auditor of Land Pa- tents ; the Inspector General and clerks ; and the contingen- cies of the whole. The estimate amounted to .£44,877. The CANADA. 1820. it of k'gisilative vod from a new luul a popula- i liiiultt. Tliere introduction of o prejiidiccH in nieiit in Lower Icniably did, so !, and prescnt- rnal trade. In- , with the view ochial churches ) distant wood- ould a.ssure the >ut tlie good of anknesft of the Dver, of pernia- state of trade, 3 usual amount mnually, in ac- ^herbrooke, all Hid Excellency rmanent taxes impracticable, that might re- . They would, .sses with conii- th. The civil ed the list into id his staff ; the Oouncil and its Lirts, and Tip- Province; the )r General and r of Land Pa- the contingen- ► X44,877. The 1S20. HON. JOHN xriL=ox — ArprARANcn Axn iiiaractf.r. ZC,7> Assembly proceeded to the discussion of the items ^o?j amort'. Item after item was read owv and coniiiK'niod upon, nni<-h after the present fashion. Jolin Xcilson was tlion a meml)cr of the Assembly. Mr. Xoilson was then as nuu'h an eco- nomist as Mr. Mackenzie is or pretends \o l)e now. lie was wisel}' jealous of the government. Mr. Noilson, the editor of the Quebec Gazelle, was in tlie hi,i;'hest degree intelligent. He was honest and, consotpiontly indc[»endent. He could say more in a sentence thanC'harlcs Richard Ogden could combat in a speech. He wan a tall, spare man, with rugged, but yet prepossessing features. He liad always two black eyes, overshadowed by a low protruding foreheail. From the occiput to the os fronti'^, his head was quite level and ex- traordinarily long. It was possildy due to Mr. Xeilson's intelligence that, after some reductions had been made, the re(piired supply was voted, not in a ])ill, providing for the payment of stipulated sums to certain individuals, but in a bill in whi(^h allowances were made for six ditferent depart- ments and a supply voted for the whole. Tiie sum voted, notwithstanding certain reductions was more than the esti- mate. £46,000 sterling was appropriated towards defraying the expenses of the civil government. X3,;08-J, the charge upon the pension list, and XI, 543, the annual cost of the militia staff were added to the civil list. The supply was voted en hloi\ or almost so, with the view of reconciling the Legislative Council to an annual appropriation, and because that House had objected to the previous supply bill in which certain sums were ai)propriated for the payment of certain functionaries. Nevertheless, the bill was rejected by the Legislative Council. The bill had not made a permanent provision for the civil list, and it interfered with monies al- ready appropriated. The Council resolved that it would not proceed upon any bill of supply, which should not have been applied for by the king's reprfjseutatlve ; the Council woiild not proceed upon any bill appropriating public money that should not have been recommended by the king's repre- sentative ; the Council would not proceed upon any bill of .160 QrAIlRKI, Hj- THK I{0L'.-i;3 ABttLT THE t'lVII. I.I.ST. 1820. >( , I9'. appi'Ojti-iation. for rnoiiov isr^ned, in conse<]UCMiee of on ad- dross of the Assembly to the kincj's representative, unless upon some oxtruordiiiury emeri^^enoy ; the Council would not proceed upon any aj^propriation of pnldic money for ajiy salary or pension hereafter to bo created, unless the quantum of such salary or pension had been recommended by the king's representative; and the Council would not proceed upon any bill of appropriation for the civil list, which should contain speciiications therein, by chapters or items, nor unless the same should be granted during the life of the king. The Assembly were also quite resolved as to the course to be pursued by them. They wouM pass no bill of supply without speciiications, nor for any period longer than a year. They would not pass any bill at all for the puqDOses of defraying the expenses of the government, unless the right of applying and a^jportioning by vote, the monies pre- viously appro[)rijited towards the support of the civil gov- ernment, was also conceded to them. This quarrel between the two Houses was an exceedingly interesting one. The members of the Upper House, or the majority of them, felt themselves to be personally interested — and were uneasy, while the Assembly, having no other interest in the matter, than principle and a sense of expedienc}'^, could maintain their position, without flinching, for almost any length of time. l!fay, the Assembly were positively generous. As the rejection of the supply bill had left the Executive with- out the means of defraying the civil expenditure for the year, the Assembly tendered the sum of i!46,060 sterling to His Excellency, pledging themselves to make good the amount by a bill at the ensuing session. But His Excel- lency would not have it. He was of opinion that the grant, now proposed, was wholly ineffectual without the concur- rence of the Legislative Council. There was no answer. Mr. Neilson moved, and the Assembly resolved that, the speech of His Grace the Govemor-in-Chief, on the 24th of April, 1819, contained a censure of the proceedings of the Ap.«iombly : that all censure of any proceeding of the As- I. I.J ST. 18*20. 1820. MR. .\N1)ULW eiTAKT — TIIIi; tJlI'I'l.U:.-:, AO. 3U( !tiee of an ad- tative, unless 'ouiieil would iionpy for su\y Hi tlie quantmn ?nded by the 1 uot proceed ii list, which )ters or items, the life of the ved us to the pass no bill of •d longer than ' the purposes t, unless the le monies pre- the civil gov- arrol between ig one. The of them, felt were uneasy, n the matter, iild maintain ny length of lenerous. As ecutive with- iture for the sterling to :e good the His Excel- at the grant, the concur- no answer. 3d that, the the 24th of dings of the r of the As- sembly, by either of tlm brancliCH of the K'nisluturt', was an assumption and exercise of power contrary to law, a lircach of the undoubted riglits and [trivilcit'cs o\' the House of As- sembly, and subversive of the coiisritutiori of ilio govern- ment, as by law o;-00 a yoiw, was necessary, he .should be resi- dent in the province ; tliat the Jjieutenant-(lovernorshij) of Gaspe, to which a salary of j£300 a year was attached, was a sinecure; that the Secretary of the I'rovince, witli a salary of oG400 a 3'ear, resided in London, while him duties were performed by a deputy, who only received tlie fees incidental to the office ; that the agent of the province, who received £200 a year, did nothing for his salary, and had no services to perform, being merel}' the agent of the Executive; and that it was tlie opinion of the Assemljly that no salary should be allowed to any of the members of the Executive Council, non-resident in the province. It was further re- presented that tlie offices of Judge of the Vice-Admiralty and Judge of the Court of King's Jieiich were incompatible, and that the offices of Judge of the King's Bench and of French Translator to the Court could not ])c hehl by the same person. The exaction of fees, too, by the Judge of the Vice- Admiralty, while he received a salary of £200 a year, in lieu of fees, was improper and contraiy to lav.-. And the Governor-in-Chief was re<]uested to eifect remedies. On the 17th of March, the session was prorogued. Lord Dalliousie couhl not express his satisfaction at the general result of the Assembly's deliberations. lie regretted that the expecta- tions of His Majesty, with respect to the civil list, had not been realised, lie was disappointed. The administration of the civil government had been left without any pecuniary means, but what he should advance upon his own personal responsibility. Individuals v/ould suffer under severe and unmerited hardships, caused by the want of that constitu- tional authority necessary for the payment of the expenses of tlie civil government; the improvements of the country RS. 18iil. 1821. ADDITIONS TO TUU UXUCUTIVU COUNCIL. 860 ision, Imt tlie HC'Hjjioii. One isc'd : — that, to , !it tlio public T I on so rep IV- 'rovimo, with liould bo resi- ►voniorship o{ ttacbod, waK a , with a salarv i duties were f'oos incidental Avlio received ad no services vecutive; and hat no salary the lOxccutive v'as further re- iee-Admiralty incompatible. Bench and of e held by tlio Judge of the X200 a year, V. And the \\Q^. On tlie )rd Dalhousie result of the the expecta- 11 st, had not dniiuistratiou my pecuniary own personal r severe and lat constitn- the expenses the country were nearly at a stand ; and the executive government wsla palsied and powerless. "When parliament should be again summoned for legislation, it would be summoned to decide whether government should bo restored to its constitutional energy, or whether the prospect of lasting misfortune was to be deplored by a continuance of the present state of things. The Assembly inwardly chuckled as the Governor concluded his speech. All that they wanted had been in part effected. The government had acknowledged itself to be constitution- ally dependent on the Assembly for its energy and for its pecuniary means. It was hoped, indeed, that sooner or later, the propriety of permitting the Assembly to vote the supplies, after its own fashion, would be conceded. Shortly after the prorogation, Mr. Papineau, the Speaker of the Assembly, Mr. Hale, a member of the Legislative Council, and Colonel Ready, Civil Secretary, were added to the Executive Council. * On the 7th of July, the construction of the Lachine Canal was commenced. In the course of the summer, Lord Dalhousie proceeded on a tour to Upper Canada, returning by the Ottawa, in August. The legislature of Lower Canada was again opened by the Governor-in-Chief, on the 11th of December. He brought under the consideration of parliament the state of the province, recommending immediate attention to its financial affairs, with the view of making a suitable provi- sion for the support of the civil government. He had adopt- ed a course for the payment of the current expenses of government as consistent as possible with the existing laws. He had been commanded to recommend that a provision for the civil list should be granted permanently, during His Majesty's life. He felt assured that the Council would at- tend to the recommendation, and he would not advert to topics of far inferior importance, for the present. The Council considered it to be their paramount duty to adopt what had been established in the British parliament, as a i2 U \i ■ \ . 370 THE CIVIL LIST ANTAdONISM. 1S21. constitutional prinointment he could have no weight with the government in Knghuid, uor would he be even acknowledged. There was nothing now to bo done but to starve the govennnent into submis- sion. The government was not to be coucpiered by assault. The Assembly determined upon cutting oil' the supplies en- tirely. The revenue Acts were, one after the other, suttcred to expire. No appropriation was made even for the current expenses of the year. A revenue of thirty thousand pounds a year, or more, part of which belonged to Upper Canada, was sacriliced. The Governor might make advances to the officers of the government, on his own responsibility, or not, as he pleased. But the House would hold the Receiver Ge- neral personally responsible for all monies levied on His Majesty's subjects, paid over by him on any authority what- ever, unless such payments should be authorised by an ex- press provision of law. If anything could arrest the real prosperity of the province, it was now arrested. Some members of the Legislative Council took alarm. Afraid that their resolutions of the previous session interfered with the privileges of the Assembly, tliey wished to rescind them. The Assembly, in the opinion of a section even of tho Council, ought not to be diet ited to. The Commons had exclusively the right of dictating their own terms and con- ditions, with regard to all aids to the Crown. And the ol)- ject, tor which such uid.s were sought, was of no couse- 372 Tin; HON. .JOHN lUrilAlll».-i()N'. 1821. i . •/ . (liuinco. an fai i\h tlioir lij^lit wuu coiicenifd. Tlie majority ol' tlio Coum'll took ((uiti! nnothcr view of tlio matter. One monibor was particulurlv Hevcro on the Asseinblv. The Ilo- iioraMc .folm Kichardsoii, cons i do red tlio coiirso jtuirsut'd bv tilt' Assunilily. as uiwoiistitiilional and overbearing, lie (•liaract('fis«?d tln'ir pretensions as biibversive of the preroga- tives of the Crown, and indicative of a desire to have the absolute control of the government. Their proceeding.-* were revolutionary. From day to day secret coinmitteoM wore in session, (grievances were mischievously hunted up. Their measure} were precisely similar to those which pre- ceded the fail of Charh's the First, and thtJ French revolu- tion. And, at that very moment, thine was a conmiittee of the Assembly sitting, the members of which were in con- sultation, about replacing the distinguished personage who resided at the Castle of St. Lewis. Mr. Richardson was being quietly listened to by several members of the Assem- bly. They resolved to move in the nnittcr. The sayings and doings of Mr. Richardson were accordingly biought under the notice of the Assembly. Mr. Quirouet informed the Lower House that he had heard the Honorable John Ri- <'hari -I volve. He was entirely unworthy of eontidetue. IK- was the enenjy of his counlry. It was resolved tliat his language was false, Rcamlalous, and malicious; that h" had Ihom guilty of a high contempt of the Assembly; tli;:t If li.id math! an oleof the province, and that he had been guilty of a breach of the rights and privileges of one l»raneh of the legislature. It was further resolved to inform the Legislative Council of the Assembly's o[>inion of the discourse of llie Jlonorablc John Richardson, with the reipiest that the Council wnuM inquire into the (ihurgo which thej prcicrred against him and were prepared to substantiate, ^o that the Jlonorable John Richardson might be a(' piati;ly pi''ii.>hed. And ii was still further resolved thi;t the Go ei nor (.General slioidd Lo informed of the I'belous language ut liiul done an iiiucli as ho could to avert incoiivoiiiouco, by paying up tbo usual expenses for tlie half year then current, tliougli lie had not felt himself justified in doing so beyond that period, and there consequently remained a very considerable arrear due to the public servants. A full statement of the receipts and expenditures for the year would bo laid before the Assem- bly, together with an estimate of the probable expense in the present year of those local establishments for which the Assembly were bound in duty to provide. He trusted that the whole linancial accounts would be brought to a clear and iinal arrangement. He was convinced that the Assem- bly regretted that the progress of the public interests had been interrupted. And without dwelling upon the past, he would earnestly recommend them to consider the incalcula- ble injuries which had been accumulated on the province, while the executive branch of the constitution remained dis- abled from exercising its just and legitimate and most use- ful powers. The Assembly were pleased to learn that the imperial parliament had suffered the measure for the union of the two provinces to lie over until the opinion of the Ca- nadian people had been ascertained, and indeed they fairly echoed in their reply the Epeecli from the throne. A call of the Assembly was ordered for the 21st of Januaiy, to consi- der the union question. The Upper House, with the excep- tion of the Ilonorables John Richardson, Herman W. Ry- land, Charles W. Grant, James Irvine, Roderick McKenzie, and Wm. B. Felton, were decidedly opposed to the con- templated union. The Assembly believed that the union of two provinces, having laws, civil and religious institutions, and usages essentially different, would endanger the laws and institutions of either province ; and that there would thence result well-founded apprehensions respecting the sta- bility of those laws and institutions, fatal doubts of the fu- ture lot of these colonies, and a relaxation of t'^e energy and confidence of the people, and of the bonds which so strongly attached them to the mother country. The resolii- 1823. 1823. sill V. mUlTuN — DISTUICT OF ri'H. I'RANCIS. luul y tlif L(."rislativo Council of Lower Canada or by llu- Parliament of Upper Canada to the Kint^, or his representative in Lower Canada. niic;'iit bo laid bi^^bre tlunn. The (Jovernor sent to thein an able re- port of a j(Mnt eoniiniltee of the Jie_ tho fruitless ne It educational purposes ; but tlie Governor refused to comply with the Assembly's request, because he had not been spe- cially permitted to lay his instructions before the Assembly. The business of the session was concluded, and Lord Dal- housie went down in State to the Legislative Council Cham- ber, to prorogue the parliament. In his closing speech he expressed the satisfaction with wliich he had witnessed so much diligence and attention to the business of the countrv. He was exceedingly well pleased to have had to give the royal assent to the Acts passed to facilitate the administra- tion of justice, to encourage agriculture, to construct canals, to assist trade, and to aid charitable and educational insti- tutions. He thanked the Assembly for the supplies. He regretted that offices for the enrcgistration of property had not been established. He had transmitted the addresses of both Houses on the subject of the union of the provinces to the king. And he assured the Houses that he esteemed the result of the session at once honorable to parliament and useful to the countr3^ There was still much anxiety in the country about the contemplated union. Messrs. IS'eilson and Papineau had hot, however, been idle in London. They had strongly pointed out to the imperial government the probability of a relaxation of the energy and confidence of the people of Lower Canada and of the bonds which so strongly attached them to the mother country, if the union was consummated, and their representations weighed with the government, for not long after the prorogation of the Lower Canada parlia- ment it was officially announced by Lord Dalhousie that His Majesty's government had, for the present, determined to relinquish the proposed measure for the legislative union of the provinces. The parliament of Upper Canada was opened on the 23rd of March. Governor Maitland, in his opening address, fipoke of the temporary diminution of receipts from Quebec, fl)s having interfered with the prosperity of the province. He recommended the eetiiblishment of an additional circuit VINCF.S, 1823. efused to comply lad not been spe- re the Assemblv. :1, and Lord Dal- e Council Cham- losing speech he had witnessed so 5S of the country. I had to give the ) the administnir- construct canals, (ducational insti- le supplies. He 1 of property had . the addresses of • the provinces to t he esteemed the 3 parliament and )untry about the :I Papineau had y had strongly probability of a of the people of trongly attached 8 consummated, government, for r Canada parlia- Ihousie that His determined to lislative union of ined on the 23rd )ening address, [ts from Quebec, the province. Iditional circuit 1823. THK PUBLIC ACCOUNTS OF UPPER CANADA. S89 and of a second assize. He probably addressed the House for the last time, and he took the opportunity of remarking that he had ever found them guided in their deliberations by a scrupulous attention to the interests of the people as by a proper regard for the honorable support of His Majes- ty's government. And he concluded by alluding to the contemplated union of the two provinces which, if effected, would extend the field of legislation. In the course of the session, the Assembly represented to the Lieutenant-Gov- ernor that they found the travelling expenses of the Judges too high, and that the salaries of all the officers of the gov- ernment and of the courts were too high. It was recommended that there should be retrenchment, and it was suggested that the scale of remuneration, which existed previous to 1796, was sufficient. The Governor would not hear of a re- trenchment, which could only have the effect of placing respectable men in the situation of struggling against actual penury, with the gloomy prospect of starving in old age. A second representation was made by the Assembly, to the effect that confusion resulted from the manner in which the public accounts were kept. There was a want of detail which should be obviated. Sir Peregrine Maitland was iiuite indignant at this representation. He was answerable for the necessities of the public, and the House of Assem- bly approached him with the deliberate intention of misre- pre 'onting his administration. Any information, solicited by the Assembly, to be afforded by him, as an act of cour- tesy, would have been most cheerfully afforded. He did not care for secrecy, and any information desired concerning the public accounts he would, at any time, on a proper applica- tion, afibrd. The House respectfully informed His Excel- lency that they had not the slightest intention of misrepre- senting his administration, but merely ventured to suggest an improvement in the mode of keeping the accounts. So the matter ended. The parliamentary session was rather a protTacted one. The Kingston Bank Bill had been a long time before the House, and almost at the close of the sea- r ' f ■'.' 390 QOL RLAY S ENLIGHTENED VIEWS. 1821?. * . I- I" Bion some amendments were made to it. An Orange So- ciety Bill was thrown out of the House, by the casting vote of the Speaker. Mr. Goiirlay, when in Upper Canada, in 1819, strongly / recommended, in a letter to the Niagara Spedaior, the advi- sability of constructing canals for the improvement of the navigation of the great lakes and the St. Lawrence. His views were most enlightened. He advised the construction of canals on a scale to admit vessels of 200 tons burthen, large enough to brave the ocean, and not inconveniently large for internal navigation. Should it be deemed advisa- ble, savs ^Ir. Gourlav, to have lar2:er vessels in the trade, any additional expense should not for a moment be thought of as an objection. The Lachine Canal is to admit only of boats. This may suit the merchant of Afontreal, but will not do for Upper Canada. Iiuleed I am doubtful if our great navigation should at all touch ^lontrcal, and rather think it should be carried to the northward. As to the line within the province, my mind is made up, not only fiom in- quiries commenced on my first arrival here, but from consi- derable personal inspection of the ground, as well between Lake Ontario and Lake Erie, as below. My opinion is that the navio'ation ouirht to be taken out of the river St. Law- rence, near the village of Johnstown, in Edwardsburgh, and let into the Ottawa, somewhere below the Hawkesbury Ra- pids ; probably in that part of the river called the Lake of Two Mountains. By a bold cut, of a few miles, at the first mentioned place, the waters of the St. Lawrence might be conducted to a command of level, which would make the rest of the way practicable, with very ordinary exertion. The idea which has been started by some of raising the na- vigation by two stages, first into Lake St. Francis, and thence to the higher level, may do for boat navigation ; but^ for vessels of a large scale it is greatly objectionable. Any benefit to be gained from the lake considered as part of the canal already formed, would be quite overbalanced by the want of a good towing path. .\ boat navigation may. 1 s. 1821^. An Orange So- f tlie casting vote n 1819, strongly 'pectator, the advi- provement of the , Lawrence. His I the construction !00 tons burthen. )t inconveniently >c deemed advisa- 5!«els in the trade, 3ment be thought I to admit only of ontrcal, bnt will II doubtful if our iitreal, and rather d. As to the line not only fiom in- but from coni^i- as well between y opinion is that le river St. Law- wardshurgh, and lawkesbury Ra- Icd the Lake of miles, at the first vrenee might be .'ould make the dinary exertion. f raising the na- St. Francis, and navigation ; but., ctionablc. Anv d as part of the 'balanced by the Ivigation may, I 1823. CONSTRUCTION OF SHIP CANALS RECOMMENDED. 391 think, with benefit to the parts adjoining, be brought up so far as Milrush, through Lake St. Francis, and thence be taken into the line of the grand canal. The advantages to Upper Canada from a navigation on a large scale would be infinite. Only think of the difference of having goods brought here from England, in the same bottoms to which they were first committed, instead of being unshipped at Quebec, unboated and warehoused in Montreal, carted to the ditch canal, and there parcelled out, among petty craft for forwarding to Kingston. Then again at Kingston tum- bled about for transport across Lake Ontario ; and again, if Amherstbugh is the destination, a third time boated, un- boated, and reshipped. Think of the difterence in point of comfort and convenience to the merchants here. Think of the greater despatch. Think of the saving of trouble and risk. Think of being unburdened of immediate commis- sions and profits. Think of the closer connexion which it would form between this province and England. Think of the greater comfort it would afford to emigrants, and how much it would facilitate and encourage emigration. With navigation on a large scale, shipbuilding would become an object of great importance here, and new vessels might be ready loaded with produce to depart with the first opening in the spring. There arc bnt few vessels trading from Eng- land to Quebec, which make two voyages in a season, and then it is with incrca:: 3 of risk that the second voyage is per- formed. Every vessel could leave England, proceed to the extremities of Lakes Michigan or Superior, and get back with ease in a season, or every vessel could leave Lakes Erie or Ontario in the spring, proceed to England, get back here,. and again take home a second cargo of produce. In time of war what security would such a scale of navigation yield. It would put all competition on the lakes out of the ques- tion. Upper Canada would then possess a vast body of tho- rough bred seamen and ship carpenters, with abundance of vessels fit to mount guns, not only for their own individual defence, but to constitute a navy at a moment's notice. !& 892 REALIZATION OF A DREAM — MR. MERRITT. 1823. h ' a commercial competition too, the Great Western Canal of the States would be quite outrivalled by such a superior navigation. Upwards, except at the Falls of St. Mary, where a very short canal would give a free passage, naviga- tion is clear for more than a thousand miles, and when po- pulation thickens on the wide-extended shores of the Upper Lakes, only think how the importance increases of having the transport of goods and produce uninterrupted by transhipment. Such was Mr. Gourlay's dream in the jail of Niagara. It is now reality. Ships of war, American and British, have passed from Lake Ontario down the St. Law- rence to the ocean, the ship Eureka embarked passengers for California, at Cleveland, in Ohio, and passed down the St. Lawrence to sea, safely reaching her destination on the Pacific, and sea-going vessels have been built in Kingston to ply between that port and Liverpool direct. Steamships pass up the St. Lawrence canals and down the St. Lawrence rapids. Canada is advancing with giant strides, small as her beginning Avas. It was in November, 1823, that George Keefer, J. Northrop, Thomas Merritt, William Chis- holm, Joseph Smith, Paul Shipman, George Adams, John Decoes, and William Hamilton Merritt, advertised in the Upper Canada Gazette tliat, as freeholders of the district of Niagara, they intended to petition the legislature at the next session of parliament, to incorporate a company for the purpose of connecting the Lakes Erie and Ontario, by a canal capable of carrying boats of from twenty to forty tons burthen, by the following route : — To commence at Chip- pewa, ten miles above the mouth of that creek, on the fana of John Brown, from thence to the head of the middle branch of the twelve mile creek, at G. Vanderban-ack's, from thence to John Decoes, passing over to the west branch of the twelve mile creek, on the farm of Adam Brown, and continuing along the said stream to Lake Ontario. From the Chippewa to Grand River, either from the forks of the Chippewa, through the marsh, or from Oswego, whichever may prove most advantagepus, — and for the erection of ma- chinery for hydraulic purposes, on the entire route. RITT- 1823. 1823. JOHN CHARLTON FISHER, LI.. D., KIKO'S PRINTER. 393 restern Canal of such a superior is of St. Mary, yassage, naviga- 1, and when po- shores of the lice increases of minterrupted by mi in the jail of American and wn the St. Law- rked passengers assed down the jstination on the uilt in Kingston >ct. Steamships ;he St. Lawrence it strides, small her, 1823, that , William Chis- Adams, John ertised in the f the district of ture at the next mpany for the Ontario, by a ty to foi-ty tons ence at Chip- ek, on the fann of the middle anderban-ack's, he west branch ,m Brown, and ntario. From e forks of the o, whichever rection of ma- oute. V( There was a beginning by men whose names are familiar to the Canadians. These were some of the pioneers of im- provement, and some of them yet living have to combat the vulgar or interested reproach of being possessed with ideas of Utopian schemes. But it is time to turn again to the baser things of Lower Canada. Lord Dalhonsie, who had paid a visit to Nova Scotia, immediately after the proroga- ^' on of the parliament of Lower Canada, returned to Que- ■jCC in August. In October he established a new official Gazette. The commission of King's Printer given to Mr. Samuel Neilson, in 1812, was revoked, and Dr. John Charl- ton Fisher, who had been the editor of the Albion, published in New York, was commissioned as the printer in Canada, to the King's Most Excellent Majesty. Dr. Fisher was a man of gentlemanlike exterior, of good address, of superior educational acquirements, of fair mental capacity, and, in a word, a gentleman and a scholar. He was an Englishman, and passionately loyal. But he was no match in shrewd- ness for Mr. Neilson, who was now more bitterly opposed to the government than ever. Dr. Fisher was, however, be- yond any question, better suited for the management of a court journal than Mr. Neilson could have been. Mr. Neil- son was a colonist and deeply imbued with that spirit of independence which is natural to the resident of a country far removed from the extreme.; of majesty and miseiy. Dr. Fisher had been the resident of a town in England, an offi- cer of the English militia, and having had long to live on smiles, he smiled again to live. He was a courtier. There was a considerable immigration both in 1822 and 1823. In 1822, 10,465 immigrants had arrived at Quebec- This year 10,188 immigrants had arrived. Nearly 60 fami- lies, consisting of 200 persons, the majority of whom were Quakers, had come from Bristol, in England to settle in Upper Canada. The legislature of Lower Canada was again summoned to> meet for the despatch of business, on the 25th of Novem- ber. It was the last session of the parliament. Lord Dal- 894 Sl'STEN^ION 01' MK. CALDWKLL. 1824. housie in openliiijj tlie session apologised for the statements about financial flitficnldes, which he was obliged to make so frequently. He entreated the House to proceed with the public buaincst* harmoniously. He recommended the fur- ther consideration of the judicature bill, and his message of the 4th of February, calling attention to the expediency of enacting a law for the public registry of instruments con- veying, changing, or affecting real property, with a xiew to give greater security to the possession and transfer of such property, and to commercial transactions in general, which had been overlooked in the previous session. And the As- sembly proceeded to business. Thereupon Lord Dalhousie officially informed the House that he had suspended the Receiver General from the performance of the duties of his office. The Governor had directed his attention after the close of the previous session, to ascertain the state of the funds upon which large appropriations had been granted, and there appeared to be «£9G,000 in the hands of the Re- ceiver General. But when His Excellency had called upon that officer to declare whether he was prepared to meet war- rants to that amount, various accounts and statements she\ving claims on the part of the province, on the imperial treasury, and the military che.^t, the payment of which into his hands would enable him to meet the demands of the government and, in time, to pay up the actual balance of his accounts with the public men, were submitted to him. He was not then prepared with the balance required to meet the warrants for the public salaries, and he requested that the warrants might not be issued until the 1st of July, when the revenue of the current year would place funds in the chest. Lord Dalhousie agreed to the Receiver General's re- quest, concerning the time of issuing tire warrants ; but the question as to the repayment of the sums claimed by the Receiver General as due to the province, being one on which His Majesty's government alone could decide, Mr. Davidson was sent to England, on the part both of the government and of the Receiver General, with voluminous papers to be 1824. 1824. LOUD DALIIOUSIK S KXPLANATIUN. 89o the statcmentB jed to make so 3eed with the LMided the fur- his message of expediency of truments con- with a view to -ansfer of such general, which And the As- ord Dalhousie suspended the le duties of his ition after the le state of the been granted, nds of the Re- ad called upon d to meet war- nd statements n the imperial of which into emands of the lal balance of iiitted to him. uired to meet jequested that of July, when funds in the General's re- ■ants ; but the limed by the one on which r. Davidson government papers to be submitted to the Lords of the Treasury, ^\^len, however, Lord Dalhonsie returned to Qncliec iVoni Nova Scotia, he was informed by the Receiver General that he was unable to meet any further warrants to be drawn upon him. Under such circumstances it onlj' remained for the Governor-in- Chief to appoint a commission of two gentlemen to inspect and control the operations of the lieceivor General ; and he took upon himself the responsibility of grunting loans from the military chest, to meet tlic urgent necessities of the civil government. But two days before the House had been as- sembled, no intimation having been received from the im- perial authorities, that the claims ad/anced by the Receiver General, on the part of the province, would be admitted, he had been compelled to suspend the Receiver General until the pleasure of the king should be known with regard to him, or, at least, until arrangements should be made for re- placing the deficient balance in the public chest. Mr. Cald- well was to be pitied, if not excused. Ills father, his pre- decessor in the Receiver Generalship, had left him a defalca- tion of X40,000 to be made good from a salary of X500 a year. Mr. Caldwell was compelled to engage in trade, and he did engage in trade successfully. He acquired large pro- perty. His estate at Lauzon was worth £1,500 a year, but then he bought his estate, to make good his father's deficien- cies, by trading on the public monies, and he entailed the estate on his son, to prevent its falling into the hands of the province, with whose means he had improved it, previously to announcing that he was a defaulter towards the province to the extent of £96,117. This was not honorable and de- serves neither pity nor excuse. The courts of law would not countenance the entail. The pretended entail was dis- missed in the Canadian courts and dismissed in the courts of law in England. It was not to be supposed that Mr. Caldwell could keep an estate improved at the public ex- pense, on the condition only of paying, during his life, £1,500 a year, out of it, to government. But Mr. Caldwell had a claim upon tlie province. He had paid out large ■ I 396 THE DEFALCATION — TEA SMUGGLING. 1824. 1 . It, ■♦ suras of money, for which he was as much entitled to 3 per cent as was the Receiver General of Upper Canada. He and his father liad received a million and a half, the per centagc on which, at 3 per cent, was £40,471, which ought in equity to bo allowed him. Jie w^ould pay, moreover, £1,000 a year, in the event of his restoration to oflice, witli a provision, b}' the legislature, suited to its responsibility. Now it does seem that if Mr. Caldwell was prepared to pay 80 many thousands a year, on certain conditions, there was no necessitv for his default. The IIouso would have no- thing whatever to do with Mr. Caldwell. He was not their officer, and he was a defaulter. The imperial government were bound to make good the Receiver General's defalca- tion, and they would address His Majesty on the subject. They did so. Tt was alleged that Mr. Caldwell was an offi- cer of the imperial government, over whom the provincial government had no control, and that he had lost to the pro- vince £9G,117 13s. and one farthing, which it was right that the government of England should make good to the government of Canada. The xYssembly proceeded to an- other matter. On the motion of Mr. Bourdages a commit- tee was appointed to consider the propriety of erecting an equestrian statue " hi memoriom ilbistrisshni viri D. Georgii Prcvosf, Baroneti, llnjusce Frormc'm, Guhernatoris, Atque Copiarum Dncis Cuvadannn Servaiorif." The statue was never erected, the excuse being simply " no funds." The subject of tea smuggling was brought before the House- The revenue had been seriously aitccted b}* the illicit im- portation of Bohay, Souchong, and Oolong, from the United States. Canada was desirous of obtaining "Gunpowder" from other and more profitable sources, and addressed the king to know if tea could not be obtained direct, either by some arrangement with the East India Company, for an an- nual supply, or by granting to His Majesty's subjects the benefit of direct importation. The king's ministers advised the East India Company to have no more colonial tea diffi- cultic!', and tea sufficient for the consumption of the pro- i • 1824. :itled to 3 per Canada. Ho I half, the per , which ought iV, moreover, to oliice, with roHponsibility. epared to pay nB, there was uld have no- wfiH not their government iral's defalca- n the subject. II was an offi- the provincial )Bt to the pro- I it was right I good to the ceded to an- es a commit- •f erecting an \n D. Georgii atoris, Atque statue waa iunds." The the House- he illicit im- 11 the United unpowder" dressed the |ct, either by for an an- ubjects the ters advised ial tea difli- of the pro- 1824. FREE NAVltiATION dF TIIK ST. I.AWKKNCK DKMANDED. 307 vince of Canada wus^ annually sent to Quebec, in the com- pany's ships, until the coni[>aiiy ceased to be concerned in the tea trade. Messrs. Xcilson and I'apincau had returned to Quebec from London, and hud reported that the consi- deration of the union of the provinces would not be resumed without previous notice being given to the 'tdiabitants of the province. The Canada Trade A(!t was discussed and defended by Mr. Papineau on the plea of necessity. The supplies were then considered, voted as befu'e, item by itan, and twenty-five per cent disconnted on every salary, to make up for the Receiver General's defalcation. The Legislative Council rejected the supply bill as soon as it appeared in their chamber, and implored His Majesty to consider the 6tate of the province, out of tenderness to his lo_yal subjects in Lower Canada, and to grant a remed}' for the withhold- ing of the supplies. But there was a subject of somewhat greater importance brought to the attention of the par- liament in a message to Congress by the President of the United States. The American government claimed the right of freely navigating the St. Lawrence from their terri- tories, in the west, to the sea. It certainly was a pity that the right was not conceded. The whole province of Canada would have gained by the increase of shipping to its waters. The Council were, however, mucli alarmed and addressed the Governor, deprecating such a concession, as contrary to the law of nations, in simijar cases ; dangerously calculated to affect the dependence of the colony, on the parent state ; as having a tendency to systematize smuggling and as per- nicious to British interests, in a v^ariety of ways. They had further learned that Barnharts' Island, in the St. Lawrence, situated above Cornwall, in the L^pper Province, was to be conceded to the Americans. They were apprehensive that the navigation of the St. Lawrence, between Upper and Lower Canada, was to be impeded or placed at the mercy of the States, and they suggested a reciprocal right of navi- gation, during peace, of the several channels of the St. Lawrence, south of the forty-fifth degree of north lati- nr»8 pi;rrisiiNi-;sd oi thij luwkk canada a.«s'i:mi!I.v. \H2t. i. . N ■. tu»ie, ulthDiii^li tiu\y l»a»l pniyed tlio Uinu; not lo ,i^nint the reoiprouiil lijjflit of iiiaviifjition in tlio St. Liiwronco, north of that hititudc, in tiino of peace. The Assembly paid no at- tention to tlie mutter. Tiie Lower IIou;^e, however, was bcglnninf? to be, on the whole, somewhat factions!}' disposed. I'or the most part, the positions assumed by tlie Commons of Canada, were correct positions, but tliey were not incapable of doin*;- mis- chievously silly thini^s. Indeed, while jealous to an ex- treme, of power in otliers, they claimed extraordinary pow- ers, riifhts, and nrivile2;es for themselves. Thev would not have their proceedings commented upon either l)y the Gov- ernor, the Legislative Council, or the press. Tlie slightest attempt to curb them was a breach of pri\ilege, a simple remonstrance was something inalicious, false, or libellous. They were occasionally pettish. A war losses Act had been passed in Upper (-anada. The brunt of the war of 1812, had fallen upon the inhabitants of the Upper Province. There, whole villages, had been burned, by the enemy, and grain fields laid waste. It was only right to indemnify the sufferers. Upper Canada was, however, totally de^itute of means. The cost of her civil government had been alto- gether defrayed out of the imperial treasury, until very re- cently. She only received, for all purposes, a fifth of the duties on imports collected at Quebec. To enable the gov- ernment of Upper Canada to carry out the objects sought to be attained by the passage of the A\"ar Losses Act, the British government had consented to a loan of X100,000, the interest on one half of which the British government guaranteed. The other half, .£2,o00, was to be provided for by Upper Canada. How to manage it was the difiiculty. Already the government had been compelled to resort to the miserable stratagem of heavily taxing traders, so that any dumb inhabitant of the province, and every implement of trade appeared to be the absolute property of the gov- ernment, distributed among the people for a consideration. Neither a man's ox nor ass was his own. He paid to gov- M15I.Y. iSL't. 1S24. OCCL'l'ATlONS TAXKD IN L IM'KIt CANADA. 3it0 t lo tfViiui tho ?no(', north of y paid no ttt- r to 1)0, on the le most part, Canada, were of doing mis- Dus to an ox- ordinary po\v- lev woidd not er l)y the Gov- Tho slightest ilego, a simple ie, or lihollous. s Act had been ) war of 1812, >per Province. 10 enemy, and indemnify the lly dojrtitute of ad been alto- until very re- , a fifth of the liable the gov- •bjects sought isses Act, the In of X100,000, h government e provided for the diiRculty. led to resort to [aders, so that f implement •ty of the gov- considcration. e paid to gov- t-rnniont a oonsidcraticMj, not fur the land on wliicli the cattle grazed, nor on the profit:^ wlii< li tiiey yielded, hut I'or nsing them. It \va^^ a similar kind of stnpidlty to that which in IScotland and England refn.scd to jionnit a man to make a pair of trowsers, sole a boot, or sn't up typos, however capa- ble ho might have boon, unless ho had served an aj)i)rentico- ship to the craft of seven years. It was not considered that while tho horses of a ploasniH; carriage would be a proper source of revenue to a government, a carter's horse is not a proper subject for taxation. It was not considered that the laborer should give of the fruits of his labor an olicrinir to the State which countenances and protects him, while labor is not to be prevented by taxation. It was not ronMiderod that while manufactured goods are properly dutiable, it is unwise to tax the raw nuiterial. An occupation ought not to be taxed. It is a wrong policy to tax an auctioneer, a pedlar, a carter, a merchant, a tavern keeper, or an editor, because of his occupation; but the stutls which are traded in may very properly be taxed. Yet occupations were taxed in Upper Canada, and, of course, rather to the disadvantage than advantage of tho province. It would not do to increase the taxation on inn keepers, pedlars, hawkers, boatmen, and on public carriages on land or water. The only way in which money could be raised Avas by the imposition of high- er duties on imported goods, and the Upper Canada Assem- bly therefore requested the Assembly of Lower Canada to impose new duties on imports sufficient to make up the an- nual interest on the war losses loan, required from Upper Canada. But the Lower Canadian Assembly would not im- pose new taxes upon imports for any such purpose. They sympathised with the sufferers, but as all the disposable re- sources of both provinces had been employed in resisting the unjust charges of the war, it was not now^ expedient to increase the taxation on imported goods, such as wines, re- fined sugar, muscovado sugar, or by so much per cent, ac- cording to value, on merchandise. The Assembly of Lower Canada would not do anything in furtherance of the views 1 k ' ' t 1 , 1 \ ' i ■ I** ' 400 DRWVUACKS OS I .M I'OKT.VTIONS. 18*J4. of those who hucl mtulo aiu'li repr«!Hi'!iiati()ii.«! to Cnghuid as harl loj to the "Ckinmhi Tnulc A«-t." Thrj did not ot* coursje say ao. Thty, however, iiiiniediutely afterwards, passed u vote of thanks to Sir James Nhu'k'iiitosii and some other iiioinhers of tiie lIoLijie of L'omnioiis, wiio had sueceod- ed in persuadinj? His .\[ajesty"s ministers to relin(|uish their support of a bill introdueed into tlie im[)erial parliament in 1822, with the view of alterinu; the estahjislied constitution of C/atiada, and the remains of which hill was the " Canada Trade Act." l'i»per Canada had another way to obtain money from Lower Canada. The l^p[H'r had a claim upon the Lower i)rovince. There were arrears of drawbacks duo by Lower Canada upon importations into Upper Canada during the war, of whicli no exact entries had been made at the Custom ILouse. The " Canada Trade Act" had provided that the amount due was to be decided by arbitration, and arbitrators appointed, in 1828, liad awarded to Tppcr Ca- nada £12,220. Upper Canada applied to Ijord Dalliousie for the money, but his lordship was so embarrassed with financial difficulties that he was com[»elled to refer the mat- ter to the Assembly. The Assembly would not pay the same sum twice. The Governor had used the money in paying the public ofticers of Lower Canada, inasmuch as the award had been made in 1823, and from the time of the award the amount due to Upper Canada was not at the dis- posal either of the government or of the Assembly, but should have been paid to Upper Canada. The Governor had virtually suspended iu9 execution of the Canada Trade Act and had, in consequerice, exposed Lower Canada to the misfortune of a renewal of the difiiculties with Upper Ca- nada. Lord Dalhousie was pestered with considerable in- genuity. The Assembly of Lower Canada were rapidly becoming conservative or non-progTessive. They reported against any attempt being made to abolish the seigniorial tenure, or change any of the institutions of the country, tho continuance of which was granted by the capitulations of the colony. They were liberal enough iu mattero which did [624. TllK OLKIUJN UKf-iKKVK.S. w\ nut poculiarly iatoru.sL the; b'l-oiich-CaiuiUiuii populution. The Cliureh of Sootliind, in CuuatUi, huvini^ applied for a proportion oi" tho hinds rosuivcd I'or the clergy of tho pro- testuiit elnuvhc'b, width had hithorto Ixjen oxcluHivoly oluinied hy thu clergy i»f tho Cliiuvh of England, in Canada, tho Awtienihly nt once consented and addre^ised the king on the aubjeci. They were Htrungly of opinion that even pro t08tnnt dissentern, from the Chureheri of Kngland and Hcot- hmd had an equitable claim, if not an equal right to enjoy the adviintagoH and revenuet^ to aritic from the renerves in proportion to their nunibor.s and tlnir usefulness. The Church of Kngland, in Ciimida was wroth. It was a pretty thing, indeed, for u llonian Catholic House of Assend)ly, to presume to represent to the King of Great Britain, and the head of their churcli, that the word " I'rotestant" was not exclusively the property of tlie Church of England. It wiw high time to close the session, and accordingly, the Gov- ernor-in-Chief went down to the Council Chamber, on the 9th of March. He was not pleased. He said, in his proro- gation speech, that he did not think the session would prove of much advantage to the public. Ho would most respect- fully tell both Houses his sentiments upon the general re- sult of their proceedings. A claim had been made to an unlimited right, in one branch of the legislature, to appro- priate the whole revenue of the province according to its pleasure. Even that portion of the revenue raised by the authority of the imperial parliament and directed by an Act of that parliament to be applied to the payment of the ex- penses of the administration of justice, and of the civil government of the province, the Assembly claimed the control of. By the other two branches of the legislature that claim had been denied, but it had, nevertheless, been persisted in by the Assembly, and recourse had been had to tho unusual course of withholding the supplies, except on conditions, which would amount to an acknowledgment of its constitutional validity. The stoppage of the suppliep had t-aused incalculable mischicl to the province ; but thf> -102 PARLIAMENT CLOSED — TYKANNY OF MAITLAND. 1824. ,1 I . 1/ • •* country was, neverthelessi, ])o\verfully ailvancing in improve- Tnent. The people, generally, were contented. lie had hitherto averted the unhappy consoqnenees of the stoppage of the supplies, hy taking upon himself certain responsibi- lities, but as his advice with regard to the payment of the civil list, had been, even yet, unavailing, he would in future guide the measures of the government by the strict letter of the law. He thanked the Councirfor the calm, firm, and diornified character of their deliberations. And he ferventlv prayed that the wisdom of the proceedings of the Legisla- tive Council would uiake a just impression upon the loyal inhabitants of the province and lead tliem to that tem- perate and conciliating disposition which is always best calculated to give energy to public spirit, to promote public harmony, and ensure public happiness, the great advantages which resulted from a wise exercise of the powers and pri- vileges of parliament. The Goveruor-in-Chief of Lower Canada was on his knees fervently praying for that which was not very likely to happen. Energy or public spirit does not ordinarily spring from the temperate and conciliatory tone of such inhabitants of a province as Lord Dalhousie would have considered loyal. It is desirable to know what Sir Peregrine Maitland was about in Upper Canada. He had made a speech to parliament which he considered to be his last. It was little wonder — Sir Peregrine Maitland was intolerably t}^- rannical. He had gagged Mr. Gourlay. He had destroyed conventions. He had suppressed public meetings. And he had been censured for it by Sir George Murray. In 1822 the Honorable Barnabas Bidwell was returned to the Upper Canada Assembly as a reformer. Mr. Bidwell was a man of very considerable ability. He was eloquent, and his ideas of civil and religious liberty were liberal. Born n British subject, during the period of the revolution, but too yo'ing to take apart in it, he remained in the United States, after the declaration of independence. It was not lonji" before he attained an elevated station in Congress. His r ' It • .ITLAM). 1824. icing in improvc- tented. He had 1 of the stoppage rtain responsibi- 3 payment of tho ? would in future the strict letter le cahn, firm, and And he fervently ^8 of the Legisla- n upon the loyal m to that tem- I) is always best > promote public great advantages ? powers and pri- i-Chief of Low^er ig for that which public spirit does and conciliatory ord Dalhousie grine Maitland ade a speech to last. It was intolerably ty- e had destroyed ings. And ?e Murray. In returned to the . Bidwcll was a eloquent, and iberal. Born a :>lution, but too Tnited States. was not lonji" ■ongress. U\s 13 1824. TIIK IJIDWELLS AND BUODKURS OF ll'PER C\SAU\. 403 talents, however, ('«.>ii|>lcd with his inde[)eii(k*n('c of spirit and love of trutli made him enemies. A hostility so vin- dictive was raised against him by his political enemies, that he removed to I'i>per Canada, in disgust, there only to meet wMth similar treatment, the r-jsult of similar causes. No sooner did the [leople of Upiier Canada begin to yhow an appreciation of his talents, than the X'pjior Canadian oligar- chy saw in him a formidable rival to be got rid of by any means. A special Act was [)asse(l to incapacitate Mr. Bid- well from holding a seat in the Assembly, lie was to be considered an alien and to be treated as an alien as the Act directed. Mr. Barnabas Bidwcll was expelled. The spirit of opposition to a bad government was not, however, less- ened by such a course of action. .N(!W champions of the people's privileges arose. (Jolonial red-tapism and colonial empinc aristocracy could with dvthculty sustain itself. Mr. BidwelTs son was brought to the hustings by the sui)porters of his father. lie was nut, without difficulty to obtain a scat. At the tii*st election, the returning officer, one of the original Timothy Hrodeurs, coEtrived to give his adversary a majority. A protest was entered, however, and after dis- timruishijifir himself in an able defence of his riichts at the Bar of the House, the return was set aside.* Another elec- tion euMied, and the returning officer n^fused to receive any votes for Mr BiJwell, on the; ground ol" his being an alien. The rctrin " a. jgaiu prote.=;ted against, and the election aguiu pet aside. At last a fair ciectio-i was allowed, ivhen Mr. .bitivvell, junior, was triimi])hantly returned to parlia- ment. In ?824, many other reforn ,mbers were elected to parliament, and on several question?, there was a decided iiiajority against the faction. A aeu expedient was hit upon to get rid of these intruders. An " Alien Hill." to make aliens of those who had taken rid vantage of the va- rious proclamations to Cnit,"! Et,)pire loyalists to enter and settle in the province »va.- at^ iopu'd t<» he rarrit r| Sir Pe- ve^'rine Maitland v.mi hi.- ad\i-«'is wero ii(,.it rcntcnt \^•ith in- " Well'i r*rtijauiuu:i. pap*:' 16- I- ( , It • li' .. •; * '. ' " ^ 1 ''^ 1 . 101 w. li, ,\I.\cKl';^•/l^: — aitk/hanck and ciiaiiactkk. 1821. tcrdicUiig ]il>eit>' of speech aiul liberty o\ aetio'i They utteinpted to seize the propei'ty and very nieaiiri of thos^e \o wliom the tUith of the government was pledged lor protec- tion. Tiiey Jittempted to sweep out of the eouutiy those who had received their tith:^H to lands, thirty years back, and luul, for that length of time oecnipied their farms. And tiiey, oon.se(picntly, attempted to alienate, «nnd so get rid of me)i who had enjoyed, tor a great length of time, tlv full privileges of British subjeets, and who were British su.bjects in svmi»athv and in realitv as in law. Indeed it was only by the united exertions of the people tliat the calamity was turned aside. The concoctors of the scheme took nothing l>y their motion. I^ad tliey succeeded, the advantage wouhl only have been teuiporary, anabl} instrumental in causiing it to be pointed. out to Sir Peregrine Maitland that the public accounts of Upper Canada were not properly kept. He wcudd have liad at any rate no Jiesitation m doing so. V'ery small in stature, he had a large head, ornamented with a moderately sizt^d and sparkling light blue ey*-, and with a no.se peculiarly .short, and in comparison with his other features, altogether ridicu- lously small. His nose was in wonderful contrast with a massive fore head a))d well-shaped mouth, which even wlien his tongue stood still, rare as that occurrence was, ever moved. He was pecidiarly thin-skinned. The blue veins ot his fair face made him seem to have been tatoocd. Mr. .Vlac- konzio was thru aslo»iishingly active, persevering, and intel- liy,oni. as he siijl is. A nioi'c ;iblc or a more indefatigable ACTKK. 1821. I«:i4. MACKKNZIl'; PEKSKOUTLJi. 40/ ox])Oser ol ooloiiial alnisos coukl not have ;n>peaiv(l ut u more lltting tiiiio. lie was undoubtedly the no-lit man in the right plaee. ik' Ijad engaged m business, und ]»ros-- pered, in York. Tic wati, at tliis periuil, the [iroprietor of a pevioditijil ealied tiie Cnfnnud Adroai/i, wlierein the corrup- tionists ot' tlie period v/ere unniaske put a man in prison and toss him out of the eountry on the ['lea that he entertained opinions whieh he miglit gis'e expression ic, and revolu- tionize tlie eountry. It was suspected, indeed, by the mag- nates, that the state of feeling in the country waw siieh that prosecutions couhl not be maintained against Mr. Mackenzie. It was even believed that they would increase Ids popularity. Mr. Mackenzie travelled often to [»ick up infoi-mation. lie went abont not so much to create u public opinion a^ to ascertain it. lie was at Niagara wdh thin view when a mob of "•gentlemen" stormed his printing tillice in York. Like all other assaults of the kind, it \\'as, oi* course, a night at- tack, and being well managed was quite successful I It waa not. In the broad light if day, the press was captured and destroyed, and the type ot' the Colo'n'ad Ailmratv seized and thrown into Lake Ontario. Nor was this all. Mr. Macken- .'•iiie's tamily and his infirm old niother received (he most brutal treatment.* The authorities took very little notice of the occurrence. Ihit .Mr. Mackenzie ai>pejde(.l to a .jury, who, "to tlie no snudl discomtiture of the tories, from Sir Peregrine Maitland, down to the lowest menial enndoyed in the i>olitical shambles." gave exemphiry damages. Thi.'i had some effect, but not the weight which punishment for the crime would have produced. Tlie risk of having to pay for damages w^ould certaiidy not have prevented similar vio- lence. The em]»loyeofi or relatives of the E.xecutive Council- lors, the Judges, the Att^rnies, and vSolicitoi's Ueneral, and of such distinijnished families at home would have continued Wull'sCauailiana pat>' \M 406 prt:s,« mtzzlinos. 18i24. r K ' to destroy pren.so.s to thih day, aainine; more \)\ ihc su|)pros- sioti of truth iind tlu* [)reventioii of i'voa disciisHion, than they lofit in daniagen, had not an obstach? 8tood in thoir way, which it was dangerous to ontMiunter. The liberal press took up a bold position. The speeches in tlie Assembly, by the leading independents, told upon tlie country. A spirit of retributive justice liad been stirred up, whicli awed and in- timidated the ruling compact. Open violence could not again be resorted to. The subtleties of the law were, how- ever, brought into requisition. Under a show of justice and a j)retended bridling of licentiousness, the press might be liiu .led or compelled lo play one monotonous liymn of praise 1/ Hu powers above. Tlie lilx i laws were sufficiently odious to u I 'iplisb anything. Mr. Mackenzie was prose- cuted for libel. r*rosecution fallowed prosecution, and where truth constitutes a libel, it is surjirising how ho es- caped. The juries would not convict. The eyes of the whole country had been ojtened, find tlic conspiracies against the public liberties were obsen'able. Besides, Mr. Macken- zie defended himself, and gave his perseiMitors nothing to boast of in the rencontres. IFe never tailed to improve these occasions, lie entered into every swindling transac- tion with greater severity thati he could have done in his newspaper. Mackenzie always succeeded in an appeal to the people. There were others of his class not so fortunate. A gentleman named Francis Collins, lately arrived in the country, from Ireland, with a small competency, cstablish.ed a newspaper which he called The Quhn/icn Freeman. Mr. Collins commented on the ruinous policy of the administra- tion. But he did it too fervently for the tories. Sir l^ere- grine Maitland, the Governor, o]-dered him to be prosecuted, and upon what gro\inds tnay be gained from the fact of tlie trial being put oW, and the proceedings afterwards disconti- nued. The end was answered. Smarting under a sense of ill-usage, he became more severe upon the government, and perhaps did ascribe to them more than was true, lie wa.'^ prosecuted by Mr. Attorn^n' (teneral Hobitison, a womlcr- 1 S-J4, .'■IK J. H. KoIU.N.'idN — PATIKNOr: or nI'l'Rr:sslOX. 4U( I'uUy able mail tlien, and now Sir John Tit'vorly UoV)iiisoti, and Chief Justice in Canada Weton him. Wheiln'r or no, he was thrust into prison. The .House of Assembly applied to tho Governor for his release in vain. It was not until the king came to hear of his situation that he was releaeed, with a broken constitution, which brought him to the grave in the flower of liis manliood. It was so that Sir Pereo-rine Malt- land and the clique who surrounded him persecuted the press, with the view of concealing I'rom England the true state ot' public opinion, in the colony. Men submit to ter- rible injustice before tliey rebel. An able despot might so numage as to intlict almost unheard of cruelties upon indi- viduals without driving a population to arms. ^len with wives and families and properties, however inconsiderable in value such properties may be, are unwilling to risk their all, at the tap of the drum, until wrought u[i to it by despe- ration. There is a feeling of respect for authority, a regard for that which is believed to be law, a peculiar sense of duty towards the State in most men, v.liich prevents them from assuming a position even of firmness in the assertion of their rights. In a colony there arc thousands who bring with them I'ecolleetions of home and of home institutions, and who cannot be brought to believe that an English gentle- man will pursue a coursi^ of yxdiey, as the governor of a co- lony, wliicli the Queen of England has too much good sense to assume, even if she could do it, in the United Kingdom. Indeed, if a glance is taken behind the curtain, English statesmen will be noticed to have been liberal and well in- clined towards the colonists, and have only eired when pur- posely misled by those whom they had appointed to places of which it was and is a serious mistake for any ministry to have the pati-onage. Sir Peregrine Maitland did not con- fine his persecuting operations to gentlemen who gathered 40H RECALL OF STK P. MAITLAND. IS24. I , I ■ ■♦ statistics, or prinrcd neAvnpapers, and wrote [(olitical articles, comin('ntiii;i»" on an administration tor which lie only was vosponBiblo to tlic Secretary of State for the colonies, lie was not satistied with having seen a printing press desii-oyed and the type:^ of a newspaper office sunk in Ontario, but must needs throw a bnildina- l)elonging to a private gentk^- njan over the Falls of Niagara. lie was recalled because, in the supposition that the law was too slow for redress, and impatient of contradiction, as some military men are, he caused an armed force to trespass on the property of a gentleman named Forsyth, on the plea that liis land be- longed to the (/vovvn. Tlie property was situated at the Falls of Magara. A building stood u]»on a part of the land claimed fortj:ie Crown by Sir I'eregrinc. The soldiery -tum- l)led tli*. ouilding over the precipice, and the land was free of all incnmbraneos. The House of Assembly interfered in this .. 'ttL. ooo. They attempted to obtain the evidence of the otilicers engaged in the business, but the government would not permit them to testily, the consequence of which was that the Assembly imprisoned them for contempt. So far was their reluctance to give eviroceedings, Mr. Foi'syth's claim for redress acknowledged, and Sir Peregrine Maitland re- called. It was not too soon. Before this, Ilis Excellency managetain in tlieanny, and ajudtre had experioneed some of the beuetits deiival)le from a con- stitution, the verv trauscriiit and imai-'e of that of Great Bri- tain, managed by a (leneral of Division aiid u clique of placemen. The clique were, on the whole, men of genteel education and refined tastes. Tliev formed an exclusive circle of associates. Officers of the army, on full i»ay, were admitted to the society of their wives and daughters, and no one else but one of themselves, and indeed the gentry of the country consisted of the Oovernor, the Bishop, a Chief Justice, the Clerk of the Executive Council, a few of the leading merchants, who were members of the Legislative Council, i^r wlio were the descendants of an Executive Councillor, or of an Aid-de-Cam}», the Colonels of Engi- neers and Artillery, with such of the other otiicers of these corps who cared for the society of an honorable possessor of waste lauds or Timber Broker, and the ofHcers of the regi- ments of the line. In the principal towns tlie clergy of tlie Church of Scotland were sometimes looked upon as gentle- men. Elsewlicre, in common with the clergy of dissenting congregations, they were only on a footing Avith those many respectable people wlio cultivated farms, kept shops, or owned steamboats. The banker had not even yet reached that scale of importance which would have entitled him to be considered one of the gentry. Among Governors, Bish- ops, Cliief Justices, Clerks of Council, and officers of tlie army, it would have been wonderful had there not been men ot literary tastes. These tastes did prevail and required gra- tification. Li Lower Canada, it was suggested to Lord Dal- liousie that it would do him honor were ho to be the founder of a Literary aiid Historical Society. Lord Dalhousie — who was a really excellent nuin — although a blundering gov- 1S-J4. ISliK Till-: IJTFRAltY ANl) II IS Inliir \ i, -OCllTV. 411 It was vvith- isiblo i^overn- . whore tluTO 11, ji8 in Lower )t" nowspa]>er!S. y, i\nd ajiuli^e )k' iVoin a con- t of Great Bri- iiitl a clique of men of genteel 1 an exclnsive full pay, were laughters, and d the ijentry of Bishop, a Chief I, a few of the the Legislative :' an Executive onelB of Engi- itiieers of these ble possosftor of rsi of the regi- clergy of the ipon as gentle- y of dissenting th those nianv vcpt shops, or en yet readied ntitled him to vernors, Bisli- officers of the not been men required gra- d to Lord Dal- |be the founder Dalhousie — nndering gov- ernor in Lower ('.ituula. where he iiad such men its Neilsoii, Stuart, rHplnean and even the supiili' V'ullirre.s to thw;irL him — and anxit)us to benelit tlie colony as nineli :;s he coiihl at once took the liint. He founded it in Quebec, nnd be- came its j>ntron. It was fouiuled for the purpose «)f investi- gatinir {toints of history, iniiuediately conneeted with the Oanadas; to discover and reseue from the unsparing hand of time the records whieh remained ol' the earli<'.st hi-^torv of \ew^ France; to preserve such d(Huments as might be found amid the dust ol une.vplored de[»ositorles, and which might prove important to general history and to the parti- cular liistory lacks, the Sheppards, the Morrins, the Dou- glasses, the lievereml J)r. Cook, the liisliops Mountain, the (ireens, the Farlbaults, and indeed all the men of learinng and note in the country were associated with it. But it is decaying. The men, a greater ])art of whom were, in a political sense, injurious to the country, who were ca])able of holding up such a society, are being supplanted by more I»raeticable men of inferior literary acquirements, such as the Camerons, the Richards, the Smiths, or the Browns. The literature of the country is increasing in quantity and dimi- nishing in quality, and so it will continue to do until the wealth of the country becomes more considerable. The means for the obtainment of a simply classical education are now at the very door. There are universitit.'s in Quebec, Montreal, Kingston, and Toronto, but there are yet oidy a very few men with time sufficient at their disposal, even in ^^^ TT" . I. > ■♦!• ', * • • 41-2 DKPAHTl'UK OF LOHI) UALIlUUrilK. 1824. winter, to boconio icolandically louriied. The rtolitieH, waB the gil't IVoni the Jesuit^?' En- taten Fund of .€800, and a large donation out of his privy purrfo to assibt in the enlargement of 8t. Andrew's Church ; which at an expenne of ^2,300 wan completed in 1824. An a gentleman, no man could luive been more re8})ccted than the Earl of Dalhousie was. There wuh nothing despicably mean Rbout him. lie was liable to be deceived by othern. lie never intentionally deceived himself or others, lie did not like the French. Ho did not like diplomacy. The trickeries of the hustings were distasteful to him. He re- joiced in being a good soldier and an honest man, and he would have been glad had all the world been as he was. He should not, however, have been the Governor of Canada, or the Governor of any colony with a constitution, which could only be successfully worked by the most skilful ma- noeuvring and adroit trickery. His Lordship sailed for Eng- land on the 6tli of June, 1824, and the government of Low^er Canada devolved on the Lieutenant-Governor, Sir Francis Nathaniel Burton. END OF THE FIRST VOLUME. 1824. The society Id relleet credit rant of at least and perHOiially huh he did, ini- :ho Je.siiits' E.s- ut of Jiis privy drew's Church ; 3d in 1824. A.s re8})0cted tiian ling despicably iivcd ])y otherH. )therH. He did ploniacy. The to him. He re- st man, and he been as ho was. rnor of Canada, itution, which )st skilful ma- > sailed for Eng- imcnt of Lower or, Sir Francis