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I Fa [^ [^ EST^o^f 1 -^■■^ \ r '>-! f«- E QUESTION" ANSWERED: Dft tl)e itttmsttg intmir to poa Hcbeb?" IN A LETTER TO THE RIGHT HON. THE EARL OF ELGIN AND KINCARDINE. ITHIRD EDITION.] To His Excellency the. Right Honourable the Ei,RL OF Elgin and Kincardine, K. T., Sfc. 4'c. Sfc. My Loki), It is by no means surprising that earnest endeavours should now be m-.ide, by some of the members of Your Lordship's Provincial Ministry, to induce the belief that, in the framing of the RebeUion Losses Bill, intro- duced by Mr. Attorney- General LaFontaine into the House of Assembly, and recently sanctioned by you in Her Majesty's name, the indemnification of parties actually in arms against Her Majesty during the Rebel- lion of 1837 and 1838, was never contem- plated. That such assertions should meet with ready credence from many of those who had previously given their political support to Your Lordsliip's present Ministry, and who either have had no opportunity of detecting the fallacy of such statements, or were deter- mined to act on the principle of " Our party, right or wrong!" — was to have been ex pectod. But it is with much surprise and ret^ret that I have found a similar belief publicly announced by a statesman of Your Lordship's experience, who could scarcely be supposed either so far destitute of discern- ment as to be the dupe of designing men, or so far forgetful of the dignity and impar- tiality of your high office, as to adopt with- out examination the opinions of a party. The Official Gazette of the 19th May, con- tained an Address of Condolence to Your Lordship from certain inhabitants of the County of Hastings, to which was appended a Reply, in the following terms: — Gentlemen,— I heartily thank you for the noble tribute which you bear in your numerously signed Address to the justice and impartiality which have characterised my administration of the Government. These qualities are, I firmly believe, the real cause of the hostility which has been directed against me. I came to the Province with the determination to allow to the Constitution, which has been guaranteed to you by the faith of the Imperial Parliament, its full action, and to recognise in the inhabitants of all classes faithful subjects of the Queen, entitled to the equal enjoyment of the rights and privileges of free Britons. l" can endure without repining whatever reproach I may be subjected to in such a cause. But the people of Canada have much at stake in the solu- tion of the question which the foes of their liberties have attempted to raise, and the unanimity with which they are coming forward in the support of the Gov- ernment, shews that they are conscious of its impor- tance and real character. Even if the measure of Indemnity to which you refer had been more objectionable than it is, it would still ha\-e been the duty and interest of all lovers of true freedom and of order, which is amongst its most valuable fruits, to protest against the outrageous as- saults on the fundamental principles of Constitutional Government, for which it has been made the pretext. But lam bound to say, injustice to the large majority of your Representatives, by whom this Bill was sanctioned, that it is my firm belief that they did not intend, in passing it, to countenance Rebellion, or to compensate the losses oj persons guilty of the heinous crime o/ treason ; but that their purpose was to make provision for the payment of the wanton and un- necessary desi ruction 'of property, which is the cruel, though, perhaps, inevitable accompaniment of civil warfare, claims which had been already recognized by the deliberate acts ofprccding Parliaments and Gov- ernments. Under this conviction I assented to the Bill, and in this spirit only could I ever consent, as the head of the Executive Government, to effect it, ELGIN & KINCARDINE. TiiP nnaancrps which I have italiciscd in ..... ^„^ — Q-- the above reply, have given rise to the im- -rl tniM mum ^ TUE QUESTION ANSWERED. re- pression, in the minds of very many of Her Majesty's subjects in this Province, that Your Lordship had descended from the dignity of the Vice-Regal Throne, to enter into the arena of political and party strife. This opinion— so derogatory to those qua- lities of "justice and impartiality" which Your Lordship claims as peculiarly charac- teristic of your administration — I am in- deed reluctant to ado[)t, and would rather persuade myself that Your Lordship's advi- sers, desirous of screening themselves under the shelter of your name, have for that pur- pose misrepresented to you the real fticts of the case, and concealed from your know- ledge those opinions to which, at an early stage of the " measure of Indemnity," they openly gave utterance in the House of As- sembly. Under this impression, my Lord, I beg leave humbly to submit for your consi- deration, a iQVf extracts from the addresses so delivered and from authentic documents bearing on the subject, which will, I trust, bear the conviction to Your Lordship's mind, as w^ell as to that of every honest and re- flecting man who may peruse them, that the intention of the framers of the Rebellion Losses Bill was undoubtedly to " compen- sate the losses of persons guilty of the hei- nous crime of treason." Before proceeding, however, to this por- tion of the task which I have assigned to myself, permit me to recall to Your Lord- ship's recollection a few of the circumstances that preceded the introduction into the House of Assembly of the Bill in question. In the month of March, 1848, a change took place in the composition of Your Lord- ship's Cabinet, and the Baldwin-Lafontaine Ministry as3umed the reins of power. A large majority of the Representatives in the Provincial House of Assembly gave their support to the new Adminit^tration, and, even by those politically opposed to them, every disposition was shown to afford them a fair trial. After a very brief Session, the new Parliament— the result of whose meeting had been their advent to power — was pro- rogued, in order to afford time for the pre- paration of those measures which misjht be deemed necessary to advaiice the interests of the Province. Ten months sped on, and at last it was announced that the Ministry were prepared to meet the Provincial Parliament, which was accordingly summoned together in the month of »January last. The interval that had thus elapsed had been one of peace and tranquillity in Canada, in spite of a general stagnatiuii of trade and the various evils consequent thereon. Among the people of the Province a strong feeling had ari^ J up anew the and effectually ne, at least, of ith dismay and 11 as several of 10 luistings at to maintain the [e uow conse- ■^^^^ffSiCHHS^SfTWf— THE QUESTION ANSWERED. T m quently found himself occupying a position, ! cutivc Council, addressed a letter to his con- nnd necessitated to take a course, which would stituents on the 6th March last, in which I array a-uinst him a large ansage occurs:— i "^ ° , , 1 1 • 1 .• f ' "On !)('Cf..niii<>- a womWr of the Govommctit, I of those to whom he owed his elevation to , ^^,^_^^^^^ ^,^^ ,,„>fmrnt (Ictermiued im hj, the Admiuistra. I place and power, unless Ikj disregarded his i'lion. My f'n'.st impression wii<, I cuniVas, aijuinst it : solemnly recorded pledges, or could (le\ibt ^^^^^^ ^^^^ cil/ermUirc.-lMontreul J'Uoi, aoth March, some other me.ins of extricating himself from i84'.).J 90 awkward a dilemnni. In this view of the iMr. Merritt was gnzetted on the 16th Sep- matter, I see little reason to doubt that the ' t(.'mber, at which time, as above stated, the * hope of aliiMiating from each other the two measure of indemnity was under considera- ' sections into wliicli the advocates of protec- tion in the Council; and had Your Lordship tion were, by nationnl origin, divided, and been informed of the proposed measure pre- thefear of being outbid and forestalled, in the vions to the meeting of Parliament on the contest for popularity witlijiis countrymen, istli January, four months afterwards, [ can by a rival demagogue, were the considera- scarcely suppose it would have been passed Mioiis which enconraged .ur. LaFonlaine to over unnoticed in the Speech with which I indulge his natural sympathies with those , you opened the Session, while so many mat- who had taken part in "the unhappy occur- ' ters of comparatively luinor importance were rences" of '37 and '38, (as your Lordship's announced. Ministers are now pleased to style the Rebel- , Parliament had not been long in session, lion,) by bringing d rwaict a "measure of | when it was rumoured abroad that a propo- I indemnity," principally intended for their , sition to pay the losses incurred in 1837 and ! benefit and behoof. In one, at least, of i 1838, including those suffered by parties 1 these objects, he was but too successful ; the : then in arms against the Sovereign, would events of the last three months, consequent shortly be laid before the House, on the inti eduction of this measure, have | The report was not unfounded. On tho done more to sunder the French and British i 13th day of February, Mr. LaFontaine sub- population of Lower Canada, than the last ; milted to the Legislative Assembly certain, ten years had done to biing them into friend- Resolutions on the subject of the Rebellion- ly feeling towards each other. * j Losses, which he proposed that the House What argumerits Mr. LaFontaine employ- i should consider forthwith in Committee of ed to gain the concurrence of his colleagues ' the Whole. It was urged in opposition, that in the measure, and Your Lordship's con- , the measure had taken the country by sur- sent to its introduction into Parliament, lean ! prise, and that no time had been afforded to. only guess at; that they were deemed urgent i allow an expression of opinion from places and powerful is shown by his ultimate sue- ' at any distance from Montreal. A motion was scess. Tiiere ii^, however, sufficient evidence accordingly made for ten days delay, which, to prove, in my opinion, that he ^vas not after a week's auimated debate, was lost by unopposed by other members of the Ministry, | a majority of 36; and on the 20tli February, nd that, even after their consent had been j the Assembly resolved itself into Committee ,von, (very reluctantly, it is whispered, in : of the Whole to consider the proposed reso- ame cases,) a considerable time elapsed be- I lutions. lore the Hon. Attorney General (East) could | In the course of these debates, scarcely an aiuster sullicient courage to lay the matter j attempt was made to conceal the intention of before Your Lordship. The Hon. W. H. | the JNlinistry to indemnify ' those who had VIerritt, President of Your Lordship's Exe- ' been engaged in the Rebellion ; on the- cou« ^ THE QUESTION ANSWERED. ^ [i trary, such an intention was oponly avowed by several of tlie speakers on the Ministerial side of the House ; and of these admissions I will now proceed to bring a i'cw under Your Lordghip's notice. I. By some of these speakers the payment of Rebels was defended, on the ground that IT WAS IIJGIILY INEXPEDIENT NOW TO EX- QUIRE -WHO WERE, OR WHO WERE NOT, Re- r,VA.S. 1. In the debate of the I, 3th Febraary, for instanee, the Hon. Malcolm Cameron, a mem- ber of Your Lordship's Administration, pro- tested against all enquiry on the subject: "lie (Mr. Ciimpron) trusted there wmild bo no Star Chamber scrutiny as to whether a man wjis loyal or not; the question was whether property hud been wantonly destroyed or not. Tlii> peojileoV Up- per Caniula were satisfied topay."— [il/on^rca/ Pilot, Uth Fchiiianj, 18-19.] 2. lie was supported by tlie Hon. Francis Ilincks, another member of Your Lordship's Administration, who, in the .same debate, made use of the following expressions: "It appeared, from what the hon. member slated, that he had no objection to the payment of what he had called the just claims fur Rebellion Losses; and yet, at the .same time, was very indignant, as was also the hon. member for Frontenac, (hat any person who was not, in their phraseolosjy, a loyalist, should be paid. In reply to that, he would merely have to quote the words of his hon. friend, the member for Kent, who had asked if they were going to establish a Star Chamber Coram.ission, to try who was loyal and who was not."— \Montreal Pilot, ]4l/i Fehrmmi 1849.] '^' 3. Mr. Ilincks repeated this argument in even stronger and more unequivocal terms in a circular issued by him, under date of tlie 10th February; " It may happen that parties were engaged in tlie rebellion who were never convicted of high treason, and who, therefore, would not bj; r:xcLiii;i:n ln- i)EK TUii Act. I believe the uniount of such claims would be very small in proportion to the ^\hole amount; and it would be very injudicious indeed were the Legislature, for the sake of excluding them, to sanction a false principle, and to allow any set of (Commissioners to decide arbitrarily that v'ten jrere rebels who had never been convicted of high treason." — [MoKtreal Pilot Extra, 2(jth February, 1849.] 4. In the same circular, Mr. Hineks writes as follows: — '; It is not proposed to pay a shilling to any in- dividual who has been convicted of high treason ;' but. in dealing with the question, it is impossible to deter mine who were and who were not liehels."—\ Montreal Pilot F.vtra, 20th Febrnar;/, 1849.] » .5. The Hon. \Vm, II, i\Ierritt, President ^ of your Lordsliip's Council, thus spoke in ; the debate of the 15th February: — I "A general amm-sty has since been proeliiimed, ' and could we draw lui ofiioiis and invidious distinc- tion, at this late day, to create dissatisfaction? We trust 1)11 are now good and loyal s\iiijects; it is our i duty to \u( p them so, and not disturb" the harmotiy ! which now happily prevails. From the results of my own personal experiojiee, I feel it would be ren/ diffi- rnlt to draw those delicate distinctions between those called loyal and dislin/ol."— [Montreal Pilot Exira. 2%lh Fi^briiury, 1849,] 6. During a subsequent debate similar language was used by the Hon. Robert Bald- win, a fourth member of Your Lordsliii)'s Administration ; — j "He agr( d/srcspecfinl to Her Mujci-ty, and an outrage on the '■ man seeking compensat^ton, to enquin; what part h;^ took nt the time of the iwmhh^:'— [Montreal Pilot, 2S th February, 1849.] 7. Lewis T. Diummond, Esq., Solicitor General for Canada East under Your Lord- ship's present Ministry, not content with supporting the opinion of Mr. Baldwin, as given above, carried the principle to an ex- tent which I should hope even that gentleman ■ would hesitate to adopt. Speaking of the convictions recorded in tlie Courts Martial against parties taken in the act of rebellion, he said: — _ " IIo hoped the time would come when these de-i cisions would be leversed, but let it be done in a con-, stitutiomil utiy. It teas no business of the House toi say who were guilty of high tr. a son, /or the Act of\ Indemnity had done aieay tcith all that. In technical.; language, the persons pardoned were in the Ran.e' position as befuio."— [J/on/zra/ Pilot, 9.Sth February, > 1849.] j And yet, my Lord, these very persons! have induced your Lordship to believe that, they had no intention '* to compensate the losses of persons guilty of the heinous crime of treason," while in the Plouse of Assembly as Your Lordship will perceive, they had denounced as "impossible," "very injudici ous," "a Star Cliamber scrutiny," «' a false principle," "an outrage," to the claimant, and '« eiHluir the A( the Re IL ters on that it from 1 THE I I) urns OOCASl 1. I the H( thus ( 1838:- "Th. against 18.'}7 ail sible foi site, an cheers I parties was CO declaral of whoi constitu carrieil up arm ruary, 1 2. ^ Gener ship's the de " Frc the alfii Durliaii lised. propert thousaii pitiful I the croi selves ii let/i Ft 3. ] Blake, am su feeling 1838, great i " He of the trample loyalty world d is imposslltlr to deter livbds"— {Montreal :».] 1 tierritt, President ^ il, thus spoke in > ruary:— | ice boon proclnimpfl, nd invidious (listinc- iissntisfuction? Wo ul sulijccts; it is our . listurb flip hiirmntiy ' •0111 tlio results of my it would be ren/ diffi- ncthms fjetiricn t}to\c ontreal Pilot Exiia. t debate similar Ion. Robert Bald- Ycur Lnrdshi[)'s THE QUESTION ANSWERED. i is Hon. fiicnd from Unnisty, it would lie nd an oittrufje on the < i-nquin; whtit port li;^ i."— IMontrcal Pilot, d, Esq., Solicitor nider Your Lord- not content, with Mr. Baldwin, as rinciple to an ex- en that gentleman ■ Speaking of the e Couits Martial e act of rebellion. como when these (ic t it be done in a con-, •iucss of the House toi ason, /or the Act ojl II that. In toehnieiili d were in the Riin.e' Pilot, 2Sth Fchruart/, lese very persons! lip to believe that, compensate the the heinous crime [ouse of Assembly erceive, they had " "very injudici- crutiny," *' a falae[ to the claimant and "disresi)ectful to Her Majesty," any en(iuiry wdiioh vvouk' tend to " exclude under the Act " parties who had been " engaged in the Rebellion." II. Another line of argument used by deba- ters on the Ministerial side of the House, was, that it was unjust to withhold compensation from those who had been Rebels, uecausic TIIK INJUSTICE AND Ol'IMlESSION 01*" rilK Ditrnsil AND PltOVINCIAL GOVICUNMKNT HAD OOCASKiNED THAT Ili:»EL,LION. 1. In the debate oi the 13th February, the Hon. Francis Hincks, Insjtector General, thus defended the Rebellion of 1837 and 1838:— " The hon. frentk'mati had shown great indij^nation a^,;iinst those inilividual.i who hud taken up tirms in 18;57 and 1838, but he would a-.!; who was respousi- sible for dislLU'banees, but the hon. tfentleman opjio- .site, and tiie party wliouj he supported? (Ironical cheers from the opposition.) Yes! Those were the parties wlioui he would have held responsibh>, and ho was conlirnied in that opinion, by the e.vpressed deulai-ations of two noble lords from England; one of whom had declared explicitly that from the un- constitutional manner in which the Government was carrieil on, the people iverc per fictly justified in tahinij up arms to oppose it." — \_Muntreal Pilot, litk Feb- ruary, 1849.1 2. William Hume Blake, Esq., Solicitor General for Canada West under Your Lord- ship's prtisent Ministry, spoke as follows, in the debate of the 15th February : — " From the first period of British interference in the affairs of LoweV Canad.i, up to tlio time of Lord Durham, every species of oppression was freely prac- tised. The administration of justice was perverted; property was not sacred; and worse still, aye, a thousand times worse, a loyal but contemptible and pitiful minorit), seized on every office in the gift of tiie crown and trampled on men far superior to them- selves in every sense of the word."— [i'Ho/iirta/ Pilot, I6th February, 1849.] 3. In another part of tho same speech, Mr. Blake, in a tone and spirit which must, I am suri^, be repugnant to Your Lordship's feelings, compared the Loyalists of 1837 and 1838, to the Jews, who had hurried "the great founder of our religion to the cross" : — " He had no sympathy with the spurious loyalty of the hon. gentlemen opposite, which, while it trampled on the people, was the slave of Court— a loyalty which, from the dawn of the history of the world down to the present day, had lashed humanity into rebellion. (Cheers.) With siKih loyalty, he for one couM have ni> symiiathy. lli* would not go to ancient history, but he would tell the hon. gentle- men opposite of one great e.vhibiiion of this loyalty; on an oceasion when the people of a di^t:int liomaii I'rovini-e contemplated the jierpetration of the t'onlesL crime that the page of history ri'cords — a crime from which Nature in compassion iiid her face and strove to draw a veil oven-; but the heathen Roman lawgiver oulil not be induced by perjiweil witnesses to place the ;;reat founder of our religion upon the cross. '• I find no fault in him," he said. But these Provin- ciids, after «'ndeavouring by every other means to effect their purpose, had recourse to this spurious loyalty — " If thou lettest this man go, thou art not Cicsar's friend." (Cheers.) .Mark the loyalty; could they not trace it in this act? aye, and over- come by that mawkish, spurious loyalty, the heathen liomari Governor gave his sanct'ou to a deed whose foul and impure stain eighteen centuries of national humiliation and suffering have bucn unable to efface. (Cheers ) This spurious, slavi.->h lo^'alty was not British stuff, (cheers) ; this spurious, bullying loyalt}' never grew in his native land. If, after years of struggling to obtain their rights, they found a doc- trine so detrimental to the views advanced by the Government, the b'ame was much lessened, for it ivas mure deserving ()f'being denounced as rebellious than the efforts to set it aside. There sit the loyal men, [pointing to the opposite side of the House,] who shed the blood of the people, and trampled on their best and dearest rights." — {Montreal Pilot,\Gth Feb- ruary, 1849.] 4. In the same speech, Mr. Blake asserted that the loyalists who opposed the present Liberal I\linistry were the real rebels. " lie would tell those hon. and loyal gentlemen, wlio were so highly offended the other day at having the term 'rebel' applied to them, that he called them rebels, and they must not expect to receive any apologies from his mouth." — [Montreal Pilot, I6th February, 1849.] 5. In the course of the debate of the loth February, the Hon. James Hervey Price, one of Your i.ordship's Ministry, thus spoke of the losses occasioned by Her Majesty's troops and the Loyal Militia acting with thetn: — " By what right do you refuse to pay for outragcii causiKl b}' the Goths and Vandals, vsho had desolated the Province from one end to the other? Was it too much to appropriate for such a purpose, not £200,000, as had been repeatedly stated, but £100,000?"— {Montreal Pilot, Uth February, 1849.] 6. In the debate of the 13th February, Dr. Wolfred Nelson, M. P. P. for Richelieu, one of the principal Generals of the Rebel Forces in 1837, and now one of the sup- porters of the present^ Ministry in Parlia- ) I J / \ jikmmtJm^ iw r UM itM . ■ V A y A 6 THE QUESriON ANSWERED. mcnt, thus justifietl the course he hnd then taken : " He wniild rrsist oppression npain, as he luvl done f/efort', when tlip linvs no lon^^cr prntoctcd him." — {Montieul Pilot, Ulh Fdnuiny, 184'J.] 7. In the debate of the 22iul, the lion. Ileniy John IJouhon, M. P. P. for Norfolk, and a INIinisteriul supporter, spoke of the enme Dr. Nelson ns one — "Wlio, nlthoiifjh Iio stood np in dofcnco of Iiis rigli's, )i«t sliould not bo royiinl.'d ns ii IJcljcl (v^iiiiist Ills Queen iind cowMvy."— [Monti ml Pilot, 23/7/ Fe- liruanj, 1849.] 8. In the debate of the 2()th, this justifi- cation was further urged by Dj-. Davignon, another supporter of the i\Jini.stry: — " Was it lipcansc amonfj^ lliose persons there were some «ho, like his own friend tlie member fur Kiciie- lioii, would not, suffer witiiont resistauee, that such chiims shoulil not, be paid. All parties ae1(nowied;ied that the course of resistance adopted on that occasion was jiisliJialde.''—[Monlreul Pilot, Supplement, 2\st February, 1849 ] 9. Mr. Seott, ]\I. P. P. for Two Moun- tains, for wliose apprehension a reward of £500 was offered in 1837, and now one of Ihe supporters of your present Ministry, thus gave his reasons, in the debate of the 20th; tor lii.s having joined the Rebels. "At that time he had separated himself from his fnonds and relatives, and joined his French Cana- dian neij;hbours, because he thoufjht that they had justice on their side."— [il/ow/mt/ Pilot, 21.s< Feb- mart;, 1849.] 10. Benjamin Holmes, Esq., the colleague of Mr. LaFontaine in the representation of Montreal, and a strong suj)porter of the Mini.stry, made use of the following language in the debate of the 20th February: "The people were to be insnlted, their liberties trampled upon ; but no efforts were to bo made to maintain their rights. That might be called hnjalty to the Crcwn; but he would call it by anothername, — he would call it /^rawny /o ^//e/> grant. 'J he practical elfect, therefore, of ailmitting the disputed claims, would .dimply be to reduce the proportionate amount payable to the other claimants." [Montreal Pilot, Extra, 2G//i Feb., 1849.] The whole amount of claims submitted to the Commission of Inquiry was, I believe,: upwards of £250,000, of which £100,000,; according to Mr. Hincks, were claimed by partu verm other Mr. I .shiUil claim those In tactil_ the p toYc in su] in ten I. in th( were to th( leave judic( 1. ruary tenac tions, "II claims £23,0( WouL pnyini certaii would rebclii Pilot, 2. by tl Toroi "P( prever in thei the da rebclUi fied in reply.^ 3. was Sherl "A would vjuestii give tl compel (The ^xN r vn T' f 1837nn(l 1838 b} 1 their puppoitcus ii: ; nnd 1 beg leav(^ r Lordsliij), wljetheii ;uiige as this — Ian- THE QUESTION ANSWERED. parties who had taken no part against the Go- vernment during the Iieb(!llion. Now what other interpretation can possibly be affixed to I^Ir. Ilineks' words than tliat out of every five shillings admitted to be due for these just Tlipro WI18 no nnswer — ho coiiM form his own con- elusions."— [3/tfn/rca/ Gazette, I4th Feb., 1849. J I may here remark, my Lord, that I have hitherto taken every extract in this letter from the Montreal Pilot, a thorougii gle member of tlu claims, three were to be takeji to indemnify ! •'^"Pporter of the Ministerial policy, and Id, without the sa- -' ' »'••'• . ^ -. ,.,i.«^,. „..*i. „..:*„ 1. ...„ii i._ v — x i i._. isteney, or justice >!• the "outrages Vandals " on those ), "lashed into re- la, slavish, bullying ible and pitilul nii- mts," took up arms "justifiable course rutnent were those iiinistcrial benehes, ;o pay the losses of' ; assertion — which e — that they were m of the previous older genius occa- n the beaten track ut Avhich had at ; that used by Mr. :he 10th February fht have had some to tax the loyal in 1 resisted on nieie ndnot, as it really inciples of honour, nnda the question is rhe losses of parties )e Just l)y Sir Allanj ind who never were uld aiiioimt to more, must juniiunt that it| ticiil effect, therefore, i, would .dimply Le to nnt payable to the Hot, Extra, 26th Feb., aims submitted toj r was, I believe,; which £100,000, were claimed by those who had aided in the Rebellion ?* In addition to the various arguments thus tactily implied or openly avowed, to justify the payment of Rebels, I am able to submit to Your Lordship two other classes of proofs in support of my assertion that such was the intention of the Ministry. I. The first of these classes is to be found in the numerous instances where questions were put directly to the Ministers, relative to their intentions, and where their silence leaves not a shadow of a doubt in any unpre- judiced mind, that ///^yritJ//?f('«rf-<*r**sX -n T i .-''^v^ B" TlIK QUESTION ANSWERED. •obution even of Boultun : npprovt'd of Mr. xcIikIds those who ■KKI'AUEl) TO VOTM )rincii)li' of piiyinn linluictiun nhuuld be jt'iu'nil uinnt'hly has I be proMcrilMui for Munirml VilQt,ZOth ave adopted as a Kiven us in order am at a loss to tion can possibly than that every to be paid, "ex- ^, " the very few Courts Martial, ) admitted their iiuda." inistry point tri- ns given in the idence that there lify Rebels ; but see that, on the fest argument for tion. " Exceptio amiliar from our 1 proves the rule by Legislative ent of a certain s that every man not so excluded, indemnification. )yalist. iferred, from the iraendment, that 5 pay even those exclude. But to mere inference ons in the Legis- ;hereto, are suffi- ; ioiii reoiuai_)-, terwards exclud- baving been sent the presence of Ministers, and uncontradicted by them, that he had a pecuniary interest in tho proposed handed in hy ciTliim partios, wiio mm uihmi iii>i. la... ly ill (inns nRainst IIci- Miijojity'ti riovoniir.ont, w; re tho cinims thoy intomlod to pay? Ffoin their silotico ho would a"' liii supposo it to Lo to. Woll, if tint was measure: — •• Sir AUnn McNnb would nsk them if tho cWms handed in hy ciTtiiin partios, wiio hiid been iiKo lati;- 1, tho ho would a<^:i\n suppi tho caso,'hc would siiy thiitlho hon. l\ri'tnlK'r li.r Hu-he lirii, whoso K'lUnntry he tidininnl iis iiuicU as iiiiy man— (hear)— was oiio wiio ou^^iit prr.-eiirtuiit'y to bo satisfied; hut he must roniark, that ncconlii)^ to tho rules of rarliameut. tho hon. gentleman on<;ht not to tjivo his voto on the oeeasit)n, fM it niis one in which his pcr.Hi)i(trtiiiiterest.i u-cre ronrcrncil. Di-. Nelson— (//fi? tiot intcuil to do so."— [Montreal Pilot, l(j//i Feljnutri/, 1810 ] to show you, that, under this clause, tho creditors of any of theso excluded parties can fylc their claim for the amount cf loss nccrnin.c; to them in consequence of the de- struction of the property c tiielr debtors, or their Iranspovtutiou from this Provinco. This wn3 cvidenlly tho view tnlvon by tho Hon. r.Ir. Price, Commissioner cf Crown Lands, in the di;l)ntc of the loth Febinnry: — «' lie would put one casn : wns it just that tho cre- ditor of a porsi.ii cii;^asevl in the re'.)elliiin should Ruf- fcr i)y d.un;i,!?e done wautoidy, nivl nftcr tho rii)"lli')ii was QSi^rMj^rnhhcdT—lMun'tieal Vilot, Kfh I'tbru- anj, 18-i:).] And what nmor.nt of claims may bo prc- And on a subsequent occasion — the 2ind , . „ . . T .1 1 * c ' lerred m one ol those cases alone, may bo February— in stjcouding tho amendment ot i . r i^ x- i ,, _ , , ,.,T- ;■ * 1 -.^^ gatliorod from the Si-atcments of Dr. ISelson, Mr. BoiiUon, by which his own e/^rec^ chums f « , i t- i ,, , , T , T-w TVT , !• in 1 13 deuate 01 the 22nd bebiuary:— would be excluded, Dr. Is elson gave as his . , ,■ ^ c ^' , u.. , . ?i P .,. "Xow, as to Iho claims inado for his property, he I reason for so doing, that it would iacilitato ]^^^\ g,.,,t i„ „, iidailed account of tho losses v.-hich 'the settlemcntof the claims of his friends and I i'^^'l occurred, and whi.di amounted to .£2r5,ooo of whi'jli JEU.OOO did not hr-lnifj to hiPi, iiut tahis : followers: — " Dr. Nelson wished sincerely that nnthin;^ should » bo Riven him, if that would prevent others I'lMin re- ceivin'jj tho payment of their just losses— and that vhelhcr the claimiintfi ivcic callfd Im/alislr, or rebels. If, by this ariiendment hoiiia; carried, he coulil i-et tho mensurc thronp;h the Ifoiise, ho would be exceoilina:- ly l^a.])\^y."—l^fontrcal Pilot, '2.^jrd Fcbrmrij, 1849.] I doubt very much, however, whether this amendment of Mr. Boulton's, as in- corporated into the Bill, will have tho effect of annulling all claims preferred on behalf of Dr. Nelson and those in similar circumstances If Your Lordship will take the trouble to turn to the Act as passed, which is hereto append- ed,* it will be seen that Mr. Boulton's amend- ment is certainly incorporated therein, at the close of tho Preamble, excluding from indem- nity all persons who have been convicted of alleged high treason, and all who hadbeentran- sported to Bermuda. But on referring to tho 3 eleventh section of the Act, it will be observ- ed that the Commissioners have full power to enquire into " the several cinims and de- ttnands which have nccriicd" to " Her Ma- jesty's subjects and others, by such losses." 'Your Lordship's legal experience cannot fail '*— ____ — - ■ . ■ I •Appendix, No. I. Pago 19. creditors, llo niciitionod ihoir names, and, as far lis his niomoiw would serve, that Wiis tho f.raount, * m * * « * * Ho thoroforo hopod tho hon. tnombor for Ilamilton would not blame li'.m if ho di^l vote oa this occasion: ho did not do so lor his own individual profit, but in order that p' opio who hud innocently sniftred a heavy loss nii-^Iit nt lenj^th liavo their claims satis- ^xci\r—i:iIunt.'Gal Pilot, '2ord February/, 184D.] If, after the perusal of the various proofs I have had tlio honour of laying before you, any doubt should still exist in Ycur I'ord- ship's mind as to the intention of your Ad- niinislration to provide for tho indemnifica- tion of llcbels, I have to request Your Lord- ship's attention to the proceedings of tho Lc- gisliitivo Assembly on the 27th and 2Sth of Fobrnary, when tho Resolutions of Mr. La- Fontaine v.^erc reported to the House from the Committee of the Whole. A full e.vtract from the " Votes and Proceedings" of that date will bo found appended,* and tho deci- sions come toon tho various amendments then presented, must afford convincing evidence of tho intentions, not only of the Ministry, but of the rnrijovity of t!ie Keprescnlatires of the People in Parliament. I would, however, specially bring under Your Lordship's no- ' <\ •Appendix No. U. Page 21. \f --■*%s(rr\ f^xj iSimM "T ' ?-n ! !" ' '^^" f It JL \ 1/ Id 10 THE QUESTION ANSWERED. •^ tice the araer.dmert of the lion. Mr. llobin- Bon, proposing to cxclucle from compi.'nsation *' AN7 PEUSON WHO 'WA? IN' AN!' IIAKNKU 11^:- rucATKi) IX TJiii i.uD R;:cilLL1ox liKVUaKi:', WllKX CAM.l'D LTOX, SUIT.': ISilNG IT ;" and tlirit of Iilr , on Y,'iio O AID IN . "Wil^op, V'ho nioveil lo insert tiiu fullowiiig- v,'orus — "^I'TOU ANY I'KrsO.V WHO AUVV, ASSjSTKI) oil ALETTIODTIIK SAIL) Ur.lii-.LT.IOX, f.IIALL HF. KN- TITLl,t> TO ANV INDK.MXllY." BoU) of tllCflC proposed amenduienis were I> EJECTED by a " Inrge majority of Eeprii.-entfitlvee," who thus openly rofused to eMclut!.' from iiidcmni- fication tlio&c v.'ho had "aided, aspisted, or abetted the Ivebeliion;"* and xcA, Your Lord- fihip has been induced by your Ad^■isers to believe — and to promulgate that belief — that this *'iar£';e majoiUy ol' Representatives" did not intend '•' to countenance Rebellion, or to coai^^ensate the losses of i aiioiis guilty cf the heinous crime of trc.ison." I Lave liitherto confined myself, as Your lordship -will observe, to the proceedings and debates in the Legislative Assembly; his conscience to vote for what he considered an "encouragement of acts of insubordina- iion." His raanly and energetic speech in the Council, on the 14th March, is worthy of Tour Loicl.sl)ip'g attentive perusal, and I (juoiC from it at .some length, from a news- paper 10 which I must again have recourse, as tl.e only notice taken in the Hlondcul J^i- l:,t is the following sentence, in its issue of the iGlh : "The Hon. Mr. Jones, one of the new membcr.^j spoke against the Bill :" — " It npjH-arcd to him that, ';/ ihc hill, all vlo were hol crdiidefl lui ilic. p? aviso, ucre clcai ly entitled to their claims, f.r.d justly too. uncler its provi.^iuns. 7/ there had b^m no pi aviso, they viight hcive believed the pro- Ji'ssif7:s of the Miniatiy ; but, since there had Lceii a provision made to thu bill, it should have Rono a lit- tlo fiii'thfi*. As it stood at present, it ivoM admit the chi'ms of persons just c.s (juiliy as those irho vcre ex- cluded, and it the simple terms " or all \Nho wero guilty of an overt act of rebellion," had been added to the prevision, h(3 would have voted for it. And V. !;y uid lliey not do this { — it v.culd have disarmed the oji)io£)ition conclusively. But he had reason to Ino.o lh:ti no class of persons ivonld be cxelitded icho vcre gui'ty of evert acts of rebellion ; and he luiew that persons \y\:o hud incnaL'ed his own life, Avlio had at- templed tj destroy his property, ami had harassed 'Uid distressed his fair' v, were claimants, and he could life. By! would bo considerefl sary to pr try."— [3j not supporf. their bcin;^ paid, He could not give tho and with regard to the progress cf the Eill j bill his »iiiiport, but, on the contrary, he felt himself bound to upposo it, hecausL' Ik; felt it would include a through the Legislative Council, my remark? sliall be very brief. I'he uebat'^« in that House were not unattended with points of interest, as regards the question in the solu- tion of which I am now engaged, but I shall only oifer to Your Lordship's consideration the statements of one of the Honorable Mem- bers of the Uouse, — the Hon. Robert Jones. You have doubtless not forgotten, my Lord, that this was one of the tv/clve gentlemen elevated to the Upper House, by the advice of your present Miuislryj in the course of less than six month?, thus raising the number of members of the House from 33 to 45. Mr. Jones, as might have been supposed ^-..'m this appointment, is in general a supporcer of the Ministerial policy, as well as a per- sonal and intimate friend of sevei'al of your class (fpcrso7ts some of tchom he mentioned (o cue of the Minislnn'niiVl MCMliER OF THE GOV- EKNMKNT DID KOT r>i:NY THAT THKY V/ERE GUHAT Oi' OPEN ACTS OF KEDEL- LION. lie (Mr. J.) said therefore that if they pro- fessed to treat those who upheld the constitution of their country and those v.'ho did their best to subvert tho Hws alike, ihcy removed tlie landmarks of mor- ality, they tncon''ap;ed acts of insubordination. Ho was h'dppy to hoar, however, from those who support- ed tho ineasure, that they repudiated tho rebcHioa of lS.17-38 ; ho Avas happy to hear that they did not consider that the hand of oppression weighed heavy enough upon them to justify resistance to the laws of their country ; for assuredly there were no cir- cumstances at the time of the rebellion to justify re- sistance to the laws of the land ; things had not ar- rived at that point at which resistance became justi- fiable, and if there was anything to justify a rebel- lion in 1837. there was assuredly uothing in 1838, when the Imperial Government had sent out a High Commissioner to enquire into their giievances, and. when the Commissioner bad promised them redress. ' He considered that there was no pretext, no ground whatever, for getting up a rebellion in 1838, and he considered that tho rebellion which broke out then ,,. . , 1 . ,1 . .• /• I '»a3 iiotnuii; hut a foul conspiraey to destroy th? Ministry; but on the momentous ques-tion of j u^^g ^^^^ prSperty of the loyal people of the country. , the Rebellion Losses Bill, he could not bend He had sutfercd from that conspiracy, and bo could ^ •"See Postecript, Tage 18. not support h measure io pay those persons who at- tempted to destroy his property and meditate hi«; UX THE QUESTION ANSWERED, 11 life. Bv supnortinp: such a mousvre, ho thought he - ' ■ • • • ' -^' ''- -'•■•'■ he wouM bo nclins quito inconsistently with what s duty, iind whut, he eonsiilan-d ucc es- at he considered n • , ■,' cciusiilerefllus , 01 insuDorUina- ^^^,^. ^^ preserve liis peace ii'.vl property in Jho coua ■getic Ppeech in tvy."— [Montreal Gazette, lOth March, lolO,] arcl), is ^vortlly Qj^ ^ subsequent occn.sloii--tl ]\Irjy — ]\li.. Jones rcitcvatod !i' th-i Ministry did intend to pay Rebels:— place, and considerable difference of opinion had uri3oa befvvcon thtui in rcr^ect to it, IN OUDl'.R THAT IIi: MIGHT NOT MISTAlvK THE VI':WS OF THE HON. l^lEMliEU OL' TIIK perusal, and I 1, from a news- !i liavG recourse, ic 31o)itical Pi- e, in its issue of ones, one of the the Bill :"— c 5(7/, all who u-cre aihj entitled to their 'ovi.-.iuns. If there ■f believed the pro- ^ there had been a d have Rono a lit- , it iL'ould admit the those irho vcre ex- " or Jill who vero ," had boon added lOtc'd for it. And uld have disarmed t he had reason to , I be exehided icho ; and he knew tiiat I life, Avho had at- aml had harassed mants, and he could could not give the ■ iry, he felt himself t it would include a ,, lent toned \o one of ; of the gov- y tiiat they :ts of kedel- rc that if they pro- the constitution of ■ heir host to subvert landmarks of mor- subordinaticn. Ho those whcsupport- iatcd tho rebellioa r that they did not bion weij^hed heavy stance to the laws [here were no cir- ellion to justify re- things had not ar- .anco became justi- • to justify a rebel- y uothing in 1838, ad sent out a High elr giievances, and , aised them redress, pretext, no ground on in 1838, and he i ch broke out then aey to destroy ^n? ?ople of the country. , iracy, and ho could ISO persons who at- y and meditate hi» «' Ho had comr into 'his Hi.niso predisposed to sup- port the Aduiinistralioii, professsjuty t'.v^u to bo, as ho was still, a liberal in his opinii-ii^. Ho ri'pc:ito.l he was disposed to support tlio AilministraliiHi, so far at least as he sh'tuld cionsidov their measures and policy minht tend to pronDto tl'.o good o!." th;:; conn- try. Wh^-n tho measure Co wliith tho qucstlun now before the House led iiim— ho mean i the lluuelliou Xudenv.ilty Bill— was introduced into Failinmen^, ns- smnln,!^, as ho was con^triiir.ed to do from its word- ing, that it embraced in its provisions all sucli par- sons as ■were not cNp'-essly excluded by one of its clauses, without reference to the pari", they had taken during the rebellions of 1337 and '33 ; but dcsirln'^ to inform himself as to the c(M-recfness of his view;; of it, ha sought light up'-n the subject from every possible source, and ho must say that all the infonua- tion ho could gather in renar'd to it concurred to satisfy him that ho had taken a correct view of tho^ mea.su>-e. He was L'unvin^ed that «//, irrcspccfiva of the p irt theij had taken durinij the re'ieliion rf 1337 and ".iS, luould be entitled to be indemiiijied viidrr the provisions of the bill, whn were not excluded by tlic proviso contained iu it, liiat is to say, he who had raised his arm to subvert the (iueen's authority in the country, as well as ho who had unno the ssuno thing to support it, -would indisc iininately he ent'ticd to indemnity by the bill, VvMh the exception of those alone who were particularly ex'.'!:'ded by t!io p/oviTo made in the bill itself: cor;sOv';ucntly. he wh'. had^ sufered '■■>.«<; throiujh his rebellion, and hi said inliabitiints e.sseiiliaUij coniributed lo the rjfcctitcd defence of the Province, by cnpturing many oi" the rebels and invaders, by advancing money and supplying meat, drink, lodging, clothing, arms and accoutrements, and also conveyances for tho Jliiitid I'oices and otherwise, and by performing many important services in various ways, i'or which they have r.ot hitherto been paid or satisfied, and their claims and demands are still outstanding : And ichcrciis it is just and expedient that all such claims and dcnands thould be paid and satisfied, after the same liii.vo been ascertained in tho manner herein- after mentioned : Wo, Your jMnjesty's dutiful and f^yal S^ubjects, the Commons of Upper Canada, in I'lovlncial rarliament assembled, therefore humbly beseech Your Miijesty that it may be enacted : And be it enacted, ^'c." Does this look like an Act for the benefit of Rebels ? — Most assuredly not. The second section of the Act authorizes the appointment of Commissioners— " Wlic^o duty it shall be to enquire into the losses sustained by Her Majesty's subjects, and other resi- dents within tliis Province, during and in consequence of the Jate rebellion and invasions, and also into the said several claims and demands which have accrued in respect of any loss, destruction, or damage of properly occasioned by violence on the part of brig- amis or pirates on the waters of the lakes or rivers dividing this Province from the United States ; and tliey, or a majority of them, shall ascertain and de- t.>!-n\inc and allov/ the anjoutit thereof respsctively." A comparison of this section with the eleventh section of the late Act, as given in the ap; made whole . lence q jesti/ ir shoAV ^^ the san By( was ai follow 1846,1 Canadi — 9//t intendi A"' '.ft^m^^ff^x ri I THE QUESTION ANSWERED. 13 course, to embrace the appendix hereto, ia which provision is ims." Let us ex- made (the only specific provision in the 3e thus given has whole Act) for losses occasioned hy the vio- , lence of those acting on behalf of Her Ma- kiced on tlie sub- jesfy in the svjipression of the liebcUion, will noiigh shewn that show whether the two Acts are " precisely in the same terms." By others of the Ministerial supporters it was asserted that the Bill Avould exactly follow in its provisions the Act passed in (Vet, every one — ed to claim com- ion of the few ex- nendment. From ' Vic. c. 76, passed 1846, for the payment of the losses in Lower • Canada, previous Canada. I annex the Preamble of that Act ;n what cla.sses of . — ns of, and lawless s. at various points, the United States of lisTrovinre sustained destruction of their ,nd property, and by of their property by iiwise ; And whereas ssentiaUi/ contributed rovince, by capturing by advancing money ging, clothing, arms L'onveyanccs for tho and by performing ions ways, for which lid or satisticd, and 11 outstanding : And that all such claims d satisfied, after the the manner herein- lajesty's dutiful and if Upper Canada, in }d, therefore humbly lay be enacted : And xt for the benefit y not. le Act authorizes ssioners— iquire into the losses ijects, and other rcsi- i(j and in consequence IS, and also into the which have accrued ition, or damage of on the part of brig- ' the lakes or rivers United States ; and all ascertain and de- seroof respectively." section with the i Act, as given in I Mr. Solicitor General Blake states, (as he does in the Montreal Pilot Extra, of the 26th February last. ) that these Resolutions followed the precedent afforded by the previous Administration, " to the very letter." j But with regard to the alleged intention of the Conservative INIinistry to pay the losses of Rebels, I need scarcely do more than quote tile arguments of the Hon. "William Morris, President of Your Lordship's previous Exe- cutive Council, your ofricial intercourse with whom cannot have f\iiled to impress Your Lordship with a high sense of his honour and honesty, and must consequently give weight and authority to his statements. In debate in the Legislative Council on the 1 4th of jMay last, Mr. Morris made use of the following language: — " i\rucli had been said respecting the letter of in- struction issued from the late Provincial Secretary to tho Commissioners, but he could give a distinct deni(d to the charge, that ihe late Government ever in- tended to pay rebels; they never intended any such thing, (hear, hoar;) an'd with regard to tho letter alluded to, it ought to be borne in mind, that the steps taken at the time the letter was_ written, were merely preparatory, so that some idea might be formed as to the probable amount which was claimed, so that they could be guided by the claims made as to the actually just and loyal losses. Had such a jn-inciple as paying the losses of those who had rebelled been decided on, he would not for a moment longer have continued a member of the administration. The claims made at that time, amounted to between £200,000 and £300,000, and the intention of Govern- ment was to approximate tho claims made, striking oif all such as had rebelled ; and the only reason of not settling such claims as were just, was because of the large amount required even for that. It was said the present bill was tho same as the one passed for the payment of the sufferers by the rebellion in Up- per Canada; but that bill was not passed for the pay- ment of the rebellious; and if the late Government had been interrogated respecting their intentions, in tha same manner as the present Government had been, ihe answer would have been ' No. ive arc not going to pay for rebel losses.'"— IMontrcal Weekly Herald, 19tA 'May, 1849.] And again, at a more advanced period of the debate, the same honorable gentleman said, that — *' He held the same views, while a member of tha administration, as he had expressed in his speech, and would rather have left the ministry, than have allowed payment to any one wlio had been engaged in the rebel- lioH,"^lMoiUreal Woekly Herald, I9th May, 1849.] y u THE QUESTION ANSWERED. The assertion of Mr. Hincks, in his cir- cular of the 10th February, " that the mea- Burc was forced upon us (the present Minis- try,) by our predecessors," is thus, I con- ceive, conchisively shown to be altogether groundless; but even could the Hon. Inspec- length and breadth of the Province. The loyal population of Canada had seen insult after insult showered on their heads from the Ministerial Benches in the Legislative Assem- bly — insults, the grossest and most revolting, added to what they felt to be a tyrannous tor General prove all that he ossertf, it } inji^stico. These insults, my Lord, Avere would not alter the question at issue one heaped upon them, because they had borne whit. Those who oppose the present " mea- arms to uphold the Sovereignty of the Gra- Bure of indemnity" would have been just as clous L;uly, whose llepresentative you are. i fli active and zealous in their opposition, had the insult been put upon them by a Ministry calling itself Conservative.* The question is not between Conservatives and Liberals, but between loyalists on the one hand, and on the other rebels, or those who favour them. The Rebellion Losses liill, while considered injudicious and unadvised by a large number of the French Canadian population, met with the heart-felt and warmly-expressed condemnation of nine- tenths of the British. I ask you, my Lord, to consider the Addresses received by Your Lordship on the subject, while the Bill was in progress, and to sayAvhether the statement I have now made be not correct. As those Addresses were not honoured with a place in the Official Gazette, I cannot say what was their exact number, but I have good reason to believe that I am not far wrong in men- tioning eighty as the number of those presented to Your Lordship against the Bill, and three —all from French districts — in its favour. Much and deeply is it indeed to bo re- gretted that, instead of the laconic curt reply, invariably given to the representations of those who had rallied round the Throne in the hour of danger. Your Lordship had not deigned to offer those assurances you now make, and which if given before the assenting to the Bill, would have been satisfactory enough as regards Your Lordship's own intentions. Your Lordshin and Your Lord- ship's Ministry, however, took no steps to allay the fever of excitement raging throughout the ♦See PoBf«cript, Page 18. Still, my Lord, keenly as they felt the insult — writhlngly as they struggled under it — they only entreated of Your Lordship, that you would leave it to Her to say, whether She were a-weary of their deep, devoted, long- tried love ; and they only entreated you to do what you have since proved you had a right to do, by reserving for Home sanction, other Acts of vastly inferior importance, which had been passed through both Houses of the Provincial Parliament, and against which no one had ventured a single word of remonstrance. Tlie 2ath of April came ; — on that inaus- picious day, the evil counsels of Your Lord- ships's advisers prevailed, and the Rebellion Losses Bill was formally sanctioned in Her Majesty's name. The deplorable excesses that ensued in this City cannot be defended ; but their occur- rence can scarcely be matter of surprise to those who remember that the British of Montreal had, but eleven short years before, risen as one man to quell a " foul unnatui'al Rebellion," and now, while relying on Your Lordship's assurance that their respectful remonstrances would receive " due conside- ration," suddenly found themselves called upon to contribute towards the indemnification of those who had aided and abetted in that Re- bellion. Throughout the British population of the Province, the announcement that the Loyal were to be taxed to pay the Rebel was received with universal indignation, although from the absence of the exciting causes ex- isting in Montreal, it was manifested, fortu- nately, i determi: Be n( that th presenti bel Indi 'that the 'advent apparer will no which i sign wi ship, h subject you wi an exc which in 183 mcntio sure ol very si AVe Bcdin bellior anoth'! used I ; <'Iftli darkni much forgiv My been ] from Minis they ^ quest! the i ehrin] jured b-'nd But, the i sed, i stanc( carry ntenti "7 i^' T-\5:: ■rt Province. The [1 seen insult after heads from the 'gislativcAssem- l most revolting, be a tyrannous my Lord, Avei'e they had borne ;nty of the Gra- iitative you are. sy felt the insult d under it — they L'dship, that you ay, whether She », devoted, long- intreated you to oved you had a Home sanction, L-ioi' importance, igh both Houses mt, and against a single word of — on that inaus- s of Your Lord- nd the Rebellion nctioncd in Her lat ensued in this but their occur- er of surprise to the British of ort years before, " foul unnatui'al relying on Your their respectful TQ, " due conside- selvcs called upon idemnification of etted in that Ee- 5ritisli population nccment that the av the Rebel was gnation, althougb ;citing causes ex- manifested, fortu- THE QUESTION ANSWERED. 15 xiately, in a calmer, though perhaps not less determined manner. Be not deceived, My Lord, into the belief that the feeling expressed in the petitions presented to Your Lordship against the Re- bel Indemnity Bill has died away. It is true 'that the Official Gazette proclaims the daily 'advent of Address-es to Your Lordship, the apparently numerous signatures to which I will not now stop to analyse, but many of which any loyalist in the Province could J sign with a clear conscience. If Your Lord- ' ship, however, has paid any attention to the subject matter of the Addresses presented, you will have perceived that, (with scarcely an exception, and those generally from places which were the very centres of disaffection in 1837 and 1838,) no address ventures to mention, in terms of approbation, the ** mea- sure of indemnity." This fact, my Lord, is very significant as to the feeling of the country. AYe offer no objection to the amnesty pas- sed in favour of all those concerned in the Re- bellion; but to pardon is one thing— to pa^ another. Wemay surely demand, in the words used by George Canning thirty years ago-— <'If the L^^gislature has consented to bury in darkness the crimes of Rebellion, is it too much that Rebels, alter eleven years, should forgive the crime of being forgiven ?" My Lord, ray purpose in this letter has been prinf ^mlly to prove to Your Lordship, from incona-overtible evidence, that your Ministry did intend to pay liebels. Whether they will now do so or not is a UsOre difficult question to determine. It may be that, like the Scholar of Cornelius Agrippa, they shrink aghast from the spirit they have con- jured up; it may be that they will for a time ■ b-'nd before the storm that now assails them. But, uiy Lord, lilera scripta manet — ; the intention, boldly and openly expres- sed, is still on record; and should circum- stances permit, who can doubt that they will carry into operation these avowed views and ntentions? Besides, their repentance would now bo too late; the mischief is done. The Bill is now the law of the land, and until disallowed by Her Majesty, or amended by a succeeding Parliament, whatever Commis- sioners may be appointed to carry it out, dare not, at their peril, refuse the claims of those who, although they abetted the Rebel- lion, were fortunate enough to escape convic- tion or transportation. And now, my Lord, let me once more earnestly crave Your Lordship's dispassion- ate attention to the arguments I have advan- ced, and the evidence I have adduced in their support. They arc submitted in no petty party spirit, bat with the sincere desire to set this matter in its proper light before Your Lordship and the country. It is with sorrow that I find Your Lordship entangled in the toils of party, and placed by injudi- cious counsel in a false position, which can scarcely be cither maintained with justice or abandoned without dishonour. I beseech you, my Lord, think for yourself — allow no man to think for you, nor blindly believe any assertions, luisupported by evi- dence. Examine the Rebellion Losses Bill, in connection with the declarations made by Your Lordship's Ministry and their suppor- ters, and then, my Lord, determine whether it be a measure which comes within the scope of the instructions given, in 1841, by the present Premier of Great Britain, Lord John Russell, to the then Governor General of these Provinces :— " We have only to consider the means of binding Canada more firmly to this country — of developing her resources — of strength- ening her Bkitisu population — of defending her territory — and of supporting and en- couraging the loyal spirit of her people." I have the honour to be, My Lord, X our Liorusmp a uiust uucuicm, Humble servant, A Canadian Loyalist. Montreal, 4th June, 1849. *>. \. I V j::?i,...i_L^. POSTSCRIPT. Mt Lord: — In preparing for the press another edition of tlie letter which I had the honour of addressing to Your Lordship as above, several matters appear to me deserving of further notice, which I shall therefore, in this Postscript, beg leave to bring more par- ticularly under Your Lordship's observation. I. Loyalist Claims still Unpaid. [See page 7.] "When previously addressing Your Lord- ship, I allowed to pass without remark the gross exaggeration in the amount stated by Mr. Hincks as remaining unpaid of claims "admitted to be just." My attention has again been directed to the subject by an able article in the Dfontreal Herald of the 12th June, and I shall now submit the reasons which induce me — and I hope will also induce Your Lordship — to believe that a very small portion indeed of the "just losses," of those who never " aided, assisted or abetted" the Eebellion of 1837-38, remains yet unpaid. Immediately after the suppression of the first rebellion, in 1837, a Commission was appointed by Sir John Colborne, (now Lord Beaton,) to inquire into the losses occasioned by the rebels, and to decide thereon^ an in- quiry which they were afterwards instructed to extend to similar losses incurred during the second " unnatural rebellion" — that of 1838. In carrying out this task the Commissioners personally visited those districts of the coun- try where the losses had occurred, inviting the tendering of just claims, and carefully investigating those submitted to them. In those days, my Lord, it was considered no " Star Chamber scrutiny" to enquire whether A man had borne arms against his Sovereign or no^j and, in accordance with their insiruc- tions, these Commissioners took evidence on oath whether the claimants had lent their aid, when called upon, to suppress the rebellion, and had lent no ai=sistance, direct or indi- rect, to the misguided men engaged in it. TLe Commissioners presented several care- ful and elaborate Reports, the result of which was the payment of claims approved by them, to the amount of £12,401 r2s. 2d. Sterling in 1839, and of Je8,637 Gs. 9d. Sterling in 1840, together equal to £2o,o97 7s. &d,, Halifax Currency. Subsequent to these payments the Commissioners presented their final Re- ports, being the fourth and fifth, in which they report as correct additional claims to the amount of £9,986 7s. Id. Currency. This sum was not paid at the time, but was after- wards provided for by the issue of Deben- tures, chargeable on the Marriage License Fund of Lower Canada, under the Act 9 Vict., cap. 65. Now, my Lord, is it reasonable to suppose that when to the Commission, after af:'ecand fall inquiry of several years, only £35,583 14s. lOd. of claims admitted to be just were submitted. Your Lordship's present Ministry, " merely walking in the footsteps of their predecessors," should now discover additional claims of •precisely a similar nature to the amount of £100,000? Or are we not rather forced to the conclusion that the amount of "just claims" that could now be made, must form a very small sum in com« parison with those previously allowed? The conclusion to which I have thus arriv- ed, my Lord, receives additional weight from an examination of the Report presented by the second Commission of Inquiry, in April, 1 846. Of the 2, 1 76 several claims, of which a list is appended to that Report, there ap- pear only about 170 presented by parties who do Even in ed not a Nelson, i tains, w Rebellio of Dr. 1837-38 amountii cognised The curious ; that CO I time of for the i therein have be amount sura of persons treason^ who had of these eluded 1 direct ir them, al claims o or ay an the Act of £10,: allowed ed, and legislati £190,0C ferred b( ! recognis 16s. 10( prisonm or " abj rest," (i prisonei besides bribes t claims, , profit, ; weapons L. ^c \).V. ,7\\,^ >X-L. POSTSCRIPT. 17 id lent their aid, s the rebellion, direct or indi- igaged in it. led several care- result of which proved by them, . 2d. Sterling in Jterlingin 1840, 's. &d,, Halifax hese payments their final Re- fifth, in which ional claims to Currency. This , but was after- ?sue of Deben- irriage License der the Act 9 able to suppose after a IVeo and only £35,583 ed to be just Iship's present n the footsteps i now discover I similar nature Or are wc not sion that the could now be [ sum in corn- allowed? lave thus arriv- al weight from •t presented by [uiry, in April, laims, of which Dort, there ap- ted by parties who do not bear thoroughly French names. Even in this small number of 170 are includ- ed not a few claimants, such as Dr. Wolfred Nelson, and Mr. W. II. Scott of Two Moun- tains, who were active participators in the Rebellion — some who claim as creditors of Dr. Nelson and others of the Rebels of 1837-38— and upwards of 20 whose claims, amounting to £4,300, had already been re- cognised by the previous Commission. The Report in question exhibits some curious fiicts, which are now of an importance that could not be attached to them at the time of its presentation, when any proposal for the indiscriminate payment of the claims therein contained could not for a moment have been anticipated. The claims in all amount to £241,965 10s. 5d , of which the sura of £25,903 ISs. 7d., is claimed by 60 persons who had been convicted of high treason, and £16,053 Us. 4d., by parties who had been transported to Bermuda. Both of these classes of claimants are of course ex- cluded by Mr. Boulton's amendment, from direct indemnification, and I therefore deduct them, although, as I have already shewn, the claims of their " io»a ^c/e creditors, assigns or ayant-droit" could not be refused under the Act; besides these, claims to the amount of £10,292 4s. Id., which had already been allowed by the Commissioners first appoint- ed, and which thereiore required no new legislation, must be deducted. The remaining £190,000, include claims which had been pre- ferred before the previous Commission, but not recognised by them, t : the amount of £59,403 16s. lOd; claims to be compensated for im- prisonment as rebels, exile from the country, or " absence from the Province to avoid ar- rest," (it being noted in only one case, that the prisoner had been acquitted,) £9,595 9s. Id., besides money alleged to have been paid as bribes to avoid imprisonment; for interest on claims, £5,819 9s. 3d.; for loss of expected profit, ;£5,331 4s. Id.; for guns and other weapons seized by Government, £694 193. lOd.; claims as unpaid creditors of rebels, £4, 174 Os. 8d., besides claims on Dr. Nelson's estate alone, amounting to £10.730 6s. lOd. There is also a claim for £5,349 lOs. Ud., presented by INIr. W. H. Scott, for whose iippri4)ension a reward of £500 was paid in 1837. This gentleman is now M. P. P. fur the County of Two Mountains, and Your Lordship will observe that his vote, in that capacity, is recorded on the Ministerial side in every division on Mr. LaFontaine's reso- lutions—a vote invalidated, I should have thought, by his pecuniary interest in the ques- tion. The last claims I shall mention are those for confiscated property purchased by the wives or other relatives of the former proprie- tors, amounting, in two cases alone, to X795 63. 8d. If Your Lordship should consider these as fitting cases for compensation, I would respectfully suggest that, overcoming your unwillingness to consider this as in any respect an Imperial question, Your Lord- ship, should request the Home Government to indemnify these losses out of the Imperial Treasury, into which the money received for the property so confiscated was paid. I leave these claims for your consideration, my Lord, with the sole remark, that there is not a single word in the Rebellion Losses Bill to exclude the payment of any one of them, even were Your Lordship's Ministry so far to contravene the terras of the Act as to instruct the Commissioners to perpetrate, (in the words of the Hon. Robert Baldwin,) such " an outrage on the man seeking com- pensation as- to inquire what part he took at the lime of the troubles .'" II. Colonel Pkince's Questions. [See page 8.] Mr. LaFontaiue, as Your Lordship will observe, refused to answer the plain and sim- ple questions proposed to him by Colonel Prince, on the ground that they had been asked and answered over and over again during the debate. Since the first publica- tion of this letter, I have carefully examined }, 4 r > 18 POSTSCRIPT. I i the debates nlluded to, and have searched in vain tor any questions put to the Miuistry relative to their intention of paying rebels, with the exception of those I have quoted in paire 7 of the foregoinpj letter, or for any denial of the intention imputed to them. I leave Your Lordship to determine whether the uniform statement at the close of these qucstion.s "No Reply," can be considered as an answer. III. TiiK Vote on Mk. Wilson's Amend- ment. [vSee page 10.] In humble imitation of the example set by Your Lordship, in the Reply to the Brant- ford Address, and in your Despatch of the 5th May, I will venture to present an analysis of the vote taken on the amendment of Mr. Wilson, to exclude Rebels, which was negatived by 43 against 28. This latter number, as will be seen on reference to the Appendix, was entirely composed of English ; while of those who voted against the amend- ment, 8 are members of the Ministry', 21 are of French and 14 of British origin; of which last, four — Messrs. Armstrong, DeWitt, Nelson, and W. H. Scott— have been long thoroughly identified with the French party. Thus of the 38 independent British members who voted on this question, 28 were «*« favor of, and only 10 against, the amendment proposed by Mr. Wilson. Taking it in another point of view, the votes may be thus stated: Upper Canada, Yeas, 23 Nays, 13 Lower Canada, " 5 " 30 28 43 giving a majority of 2.5 from Loioer Canada^ it is true, in favor of admitting rebels to compensation, but a mnjnriti/ of 10, fro'n Upper Canada, against their admission Thus Lower Canada taxes Upper Canada to pay Lower Canadian Rebels! IV. Mr. Papinead. [Seepage 14.] The following paragi'aph, my Lord, is quoted from the Illustrated Lo7idon Neios of the 19th May: " When in officp. tlipy (tlio Canadian Loyiilists'^ introdiici'd ii moiisiire into tlio Let>i,sktiiro fur core ponsatinfj the parties who had siiftbiTil h)Sh('s in tin rebellion of 18;{8. Amoiifi; the parties who cunieir, for compensation under this very measiiro was ni^ less a per.sunu;>;e thnn Mr. Spealur forth ns he did a torrent of invective an;ainst his old political friends ; he would still have dwelt in a land of exile:'— {^Montreal Pilot, 7lh Fef»., 1849.] And again, in a subsequent portion of the same speech Mr. LaFontaine reiterated his claims to Mr. Pai)ineau's gratitude. "If, in 1842, they had adopted :ho system of op- position a Voutrancc, so favored by the honorable member, would they liave been in a position to solicit, to urge as they had done, the return of their exiled countrymen to their homes and their families? Had they not formed part of the administration of 1842, would they have had it in their power to open for the lionorabie member (Mr. Papineau), in parti- cidar, the avenues to his native land, by obtaining the 7 cquisile permission for his return to the country? — a permission for the obtaining of which, he (Mr. La- Fontaine) had not hesitated, before conquering the; repeated refusals of Sir Charles Metcalfe, to tender his resignation of the high and hicratiie offices he then held ?"—lMonfrcal Pilot, 7th Feb., 1849.] And yet, My Lord, the assertion is coolly made that the Conservative Ministry, by recalling Mr. Papineau, had led the way to the measures of the present Administration. ,. POSTSCRIPT. 19 iinadinn Loyolists • ftiiskturo fur cdni ift'oiTil lo.shcs in till iities who cunie it^ v measure was nj kor riiiiiiu'ttii, th(* ■ction." repetition, in a> ban might Imvt- rliarge which has previous Con- nd has been as y possible, how- liave been care- ordt'liip's notice, iscan^fully with- Lordship should ndcbted for the f witliin its bor- cau. My autho- aFontaine, who, s, when blamed ing office under IS replied: ''ontaino) had in so II hud llio benefit oi ot the hdnourablc the benefit of it ? 'ai)inpiui) nould noi ? of I hat. House, U iveetive an;iiinst liis till have dwelt in a 7th Feb., 1849.] tit portion of the le reiterated his titude. d :hc system of op- by the honorable I in a position to the return of their I and tlieir families? B administration of. their power to open ; !*iipineau), in parti- nd, by obtaining the n to the country ? — a which, he (Mr. La- rore conquering the Metciilfe, to tender rative offices he then >., 1849.] ?sertion is coolly ,-e Ministry, by il led the way to^ Administration. , The statement made by the London news- paper above quoted, that Mr. Papineau was compensated by the Conservative Minis-try for " his losses in the rebellion of 1838," is totnlly without foundation. At the breaking out of the rebellion, a large sum was owing to Mr. Papineau from the I'rovineiul Trea- sury, for arrears of his salary as Speaker of the House of Asseinbl}', for which sum war- rants had actually been issued by the proper officers, although payment had not been received by Mr. Papineau, previous to hi.s exile from the Province. On his return to Canada, (through the good offices of Mr. La- Fontaine, as now shown,) how could the then Conservative Ministry refuse to submit to Parliament the application of Mr. Papineau, for payment of a debt due to him br-fore the ** unfortunate occurrences" of 1837 and 1838, which, it is a matter of " public notoriety," had been at that period fully recognized by the Provincial Government, and the payment of which, there is good ground for believing, was now again urged upon them by the Im- perial Government, in consequence of the representations of their predecessors in office — Mr. Lafontaine and his colleagues! I repeat then, my Lord, Mr. Papineau was not brought back to Canada by the Conser- vative Administration; Mr. Papineau was 7iot indemnified by them fur his losses during the KebeUion;andthe justification which the Ministry would attempt to build on Mr. Pu- pineau's case, of their own proposal to pay Rebels for losses incurred in Rehellion, is altogether baseless and untenable. In conclusion, my Lord, permit me to state that since the first publication of the fore- going letter, no denial has been attempted, in any form, of the facts which I had the honor of therein submitting to Your Lord- ship; on the contrary, the view of the subject which I have endeavoured to impress on Your Lordship, has received additional sup- port from the recognized organ of your pre- sent ministry, which indignantly denies— " That there has been a receding on the part of the Ministry from their original position— that, frij^htcned by the clamours which their opponents rallied, they now propose to restrict the payment for indcnniification to a smaller number, and a different class of claimants lo that which they orifTinally intended."— [Mwn/rcaZ Pilot, \2th June, 1849.] " Of that original intention, the proois are surely sufficient to satisfy the most sceptical; and I leave it to Your Lordship to reconcile the above quotation, if possible, with the assertions contained in the answer to the Hastings Address. A Canadian Loyalist. Montreal, 20th June, 1849. APPENDIX NDIX No. I. REBELLION LOSSES BILL. [^Copied from the Montreal Pilot.'] An Act to provide for the Indcmmjlcation of parties in Loicer Canada whose Property tvas destroyed during the Rebellion in the years 1837 and 1838. WnnuEAS on the 28th day of February, 1845, an humble Address was unanimously adopted by the Legislative Asseinl)ly of this Province, and by them presented lo the flight Honourable Charles Theo- philus Baron Metcaife, the then Governor General of the same, praying " that His Excellency would be pleased to en use proper measures to be adopted in (U'der to insure to the inhabitants of that part of this Province formerly Lower Cansida, indemnity for just losses by them sustained during the J^ebellion of 1837 and 1838;" And whereas, on the 24th day of No- vember, 184.'), a Commission of five persons was, by His Excellency the said Governor General, duly ap- pointed to inquire into such losses arising from and jrrowino" out of tlio sjud Rellellion: And whereas, it appears by the Report of the said Commissioners, dated the 18th day of April, 1846, that "the want " of power to proceed to a strict and regular investi- " gation of the losses in question left the Commis- *' sioners no other resource than to trust to the " allegations of the claimants, as to the amounts and N \ 20 APPENDIX No. I. *:l •• nuturo of their losses;" And whcronc. in order to redeem thepled^o j^ivon tothosutFerer.s of sucli lossea, or their bona fide crcditorH, assij^ns, or aytinl droit, us well by the said Address of the said TiinfiHlativc! As- aembly, and the uppointinent of the said (Joininissidii, ns by the letter uddressed Ity tl)e Ilonouridjle the Hccretnry of the Province, In- nrdcr of tlie lliji^ht Honourublo Cliurles Murray, Ear! Catheart, the tiien Administrator of the Goveriiincnt of tlie siime. to llie said Commissioners, on tlie 27th day of Fi'bruary, 1846, it is necessary and just that the paitieulius of such losses, not yet paid ami satislied, should forai the subject of more minute incpiiry under Le;^i.>!utive anihorit^', and that tlie suuie, so iar only as they iiiay have arisen from the total or partial, unjust, unne- cessary, or wanton destruction of dwellin,';s, buildin^^s, property and eflects of the said inhabitants, and from the seisiure, takinp; or carrying away of their pioperly and effects, should be paid and satisfied ; provided that none of the persons who have been C( nvieted of high treason, alleged to have been comnutted in that part of this Province fomerly the Province ol Lower Canada, since the first day of November, one thou- sand eight hundred tmd thirty-seven, (tr who having been charged with high treason or other offinces of a treasonable nature, and haviiig been con'Tiitted to the custody of the Sheriff in the Gaol of iMontienl, subn.itted themselves to the will and pleasure of Her Majesty, and were thereupon transported to Her Majesty's Islands of Bermuda, shall be entitled to any indemnity for losses sustained during or after the said Kebellion, or in consequence thereof: Be it therefore enacted by the Queen's Most Kxcellent Mnjesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and as:,enibled by virtue of, and under the authority of, an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, " An Act to re- unite the Provinces of Upper and Lower Canada, and for the Government of Canada." And it is hereby enacted by the authority of the same. That, for the purpose of this Act, it shall bo lawful for the Governor in Council to authorize the issue of Debentures, payable out of the Consolidated J'ieveuue Fund of this Province, at or within twenty years after the date thereof, respectively, and bearing interest at the rate of six per cent., payable out of the said Fund on such day in each year as shall be therein specified, provided the total amount of the said Debentures shall not exceed the sum hereinafter mentioned. II. And be it enacted. That the said Debentures may be issued in such form and for such separate hums, respectively, as the Governor in Council shall deem expedient, and may be issued either to such parties as shall be willing to advance money for the same, or to parties to whom money shall be awarded for compensation of losses under this Act, or who shall demand them in exchange for Debentures of like amount issued under the Act hereinafter men- tioned. III. And be it enacted, That the holder of any Debenture issued under the authority of the Act passed in the ninth year of Her Majesty's Keign, and intituled, ^* An Act to provide Jor the payment oj certain Rebellion Losses in Lower Canada, and to appropriate the proceeds of the Marriage License Fund" may, on any day on which the interest on such Debenture is payable, have the same exchangeil for a Debenture for a like amount to be issued under this Act, and the interest then payable on such De- benture shall at the same time be paid t>ut of tho said Consolidated I'ovenue Fund, and the proceeds of so much of that portiun of tho Marriage License Fund arising in Lower Canada u.i shall not be re- quired to pay oif the principal and interest of any unexehanged Debenture, hlsall I'orni part of the said Consolidated IJivenuo Fund, IV. Provided always, and be it enacted. That tho Governor in Council may, at any time, by notice in the Canada Gazette, re quire tliat all the Dohentiires issued under this Act be presented at a lime certain, and not less than six nionilis from tli(> date of such notice, for payment of the principal and interest thereof in full ; and such payment shall be made av- cordingly out of the said Consolidated K(;venue Fund, and after tho tifiie so appointed no interest shall accrue on tho Debentures which shall not be so pre- sented. V. And be it enacted. That the Debentures issued under this Act shall be distinguished from those is- sued niuli^r other Acts, and that separate accounts shall be kejit thereof, and of uU money expended under this Act ; and that such accounts .ihall bt; laid annually before tho I'rovinciul Parliament ; and that the due applicatin the duties of his oitice, take and subscribe, before any Justice of the I'eaco, ihe following oath : " I, , swciir that I will faithfully and without partiality, fear, favour, or affection, per- form my duty as Commissioner under the Act inti- tuled, ^ An Act,' Sfc, (insert the title of this Act,) and that I will allow to each claimant under the said Act, neither more nor less than the sum which he is entitled to claim for compensation, according to tho true intent and meaning of the said Act. So help me God." Which oath shall be entered on the minutes of the proceedings of the said Commission- ers, iind make part thereof. VIII. And be it enacted. That it shall be lawful A)r the Governor from time to time to ajipoint a Clerk to the said Conwnissioners, and the same to remove, and in case of any such remo\al, or of death or of resignation of oHiee of the said Clerk, to ap- point another in his place ; and the Commissioners and their Clerk, shall receive for their services under this Act, and for their necessary expenses and dis- bursements, such compensation as shall be allowed by the Governor in Council, and no other fees or emoluments whatsoever ; and such compensation shall be defrayed out of the said Consolidated Re- venue Fund. IX. And be it enacted. That the amount of the Debentures to be issued under this Act, and the amount of the said compensation to be allowed to the ^scff^sra* J'ALUIJ' APPENDIX No. II. Ql e sftme oxchaii^oil ti> bo issued uiiiler fublo on such l)c- 1.' jmid out of tho iiul tlio procot'lili liijesty's Treasury, lajesty shall please shall bo lawful for Dns to bo Conmiis- imo to time to re- iippuint unotlieror oved, or dying, or each of tho said nj^ npi>n the duties before any Justice at I will faithfully r, or affectioii, per- nder tho Act inli- ne of this Act, ) and under the said Act, sum which he is 1, aeeordinp: to the aid Act. So help entered on the said Commission- it shall be lawful time to ajjpoint a , and the same to ;mo\al, or of death said Clerk, to up- -he Connnissioners heir services under expenses and dis- 3 shall be allowed 1 no other fees or uch compensation [ Consolidated lle- Lhe amount of the this Act, and the be allowed to the said Commissioners and Clerk, shall not exceed the sum of one hundred thousand pounds currency, which sum shall also include the smn of nine ilioustmd nine huiulrt (1 and eighty-six pounds seven shdlin^s and twopence, raised l)y nel>pnturo3 issued under tin; said Act hereinbefore nienlioru^d. X. And be it enacted. That it shall be the duty of til ' said Cxininissioners faitlifiiily and without par- tiiilily, to inquire into an 1 to ascertain the amount of tlio losses mentioned in the Preamble to this Act, lis those for which compensation ouglit to be made, uixl to report tiie same to the Governor of this Province. XI. And lie itenactcil, That the powers ve^te(I in, ond duties rcfpiired of. the said Conimission'Ts, ytown, Scott of 'I'wo Mountains, Seymour, Slier' wood of IJrockville, Smith of Durham, Siniih of Fronteiiac, Smith of Weiitwortl., Stcvensijii, Taelic, Thompson, Vigor, Watts, Wil.son.— 07. So it passed in the negative. The first Resolution being then again rend ; Hon. Mr. Cayi.icv moved in amendment thereto, to substitute the following- " That in order to ascertain theextentofloss and in- "jinv intli-ted during the years IS."? and 18.13, upon " the loval inhabilants of Lower Can:ida, by violent '• oiul \{i\ lei.' nen,in arii > .if.ainst their Sovereign, an " hiiuibte Adiiresswas unanimously aflopted on the " 28th day of Fobrnray, IStTi, by the Legislative As- " sembly of this Province, and by them pros; iited to " the Ri^ght Honourable Charles Theophiliis Raroii " Metcafie, the then Governor General of the same, " praying, 'That His F.xcelleiicy would be plea.sed to " ' cause projier measures lo be adopted in order to " ' insure'to the inhaliitants of that part of this I'ro- vince formerly Lower Canada, indemnity \':n- ji/st losses by them sustained during the rebellion of " • 18.37 and 1838.' " yt'«.9:— MesMcurs P.adgley, Brooks, Ca) ley, Chris- tie, Crysler, Dickson, Gugy, Macdoiiald of Kingston, MacNab, Malloch, McCoiuudl, McLean. Meyers, Prince, Robinson. Seymour, bherwood of Brock ville, Smith of Frontcnac, Stevenson, Wilson.--20. ^>V„/,v:__Mossieurs Armstrong, Attorney General Baldwin, Bcanbien, Solicitor General Blake, noullou of Norfolk, Boutillie:-, Burrilt. Cameron of Kent, Cartier, Caiichon, Chabot, Chauveau, Davigmm, DeWitt, Solicitor General Druniinond, Duehesnay, ])unias. Kgan. Fergnsson, F'lint, Forlii r, Fonrnier, Founiuin, Guillet, Hall, Holmes, .lohr.^on, Attorney General l.aFontaine, LaTerriere, Laurin, Lemieu.x, Lyon, .Macdonald of Glengary. McFarlaiid, Merrilt, MV'lhot,jMongena's, Morrison, Nelson, Notmau, Pa- pineau, Polette, Pi ice, Sauvaugean, Scott of Ijytown.^ Scott of Two Mountains, Smith of Durham, Smith of Wentworth. Tache, Tliomp.son, Viger, Watts.— .'52. The four first Resolutions were then agreed to: It ( YeaMi — ] Inldvvin, B or Norfolk Cartier. C feWilt, H,! Dumas, Kjj Founpiin. < Qeueral La L\'on, Ma(r( Melhot, M. ^neau, Pol Bfott of Tv olie, Thom| . iVdt/i: — ; lis C'rvsler iacNiii). : Mrince, Ro' Smith of D The fifth Hon. Mr. to suiistitut "hiving rei •♦gative of "from the [ '•men who "is;)? and '•more littii '•to those li ' risked lift • try, ainph ■' they may •of such l( •siibj(,'et of • rity, for t yea.s:—l A^ Crysler King.^ton, Meyers, Pi firockville, -21. • Niii/a:—', Bal twin, B )f Norfolk, ier, Bauchi itdicitor G Jgan, Ferg Juillet. H iiuirin, Le MtcFarland, Jelson, Nil 5«a!i, Scott ilnith of 1 0ionipsoii, Hon. Mr. aid Resoli he f'jllowiii • ■WA.S i\ ; f Hkukli.ic ' Ul'OX, TO Jbristie, Cr 3(h, Lyon, |n;i;st,on, ^ IcyiM-s. Pr flick vi lie, J: fcvensoii, \ >*J APPKNDIX No. 11. 2<1 thnt tho question 10 Mlid lil HIlllltiollH. IlllCIlt, lllilt till* Htliil \w \\K\\ (if ItllUllJ,' li n'M>liitiiiii: Aiul sit till iilU'i' iwelvu y. 184'J. tilt; aiiieiidinpiiti Mvlgnon, Laiiriii, [lii'l'^Icy, Attorney tor Cii'iicral IJIukc, J'.liirliS, IJtiil'ilf, ti, Ciiylty, Oliiil'ot, >ll, Solicilnl" Ul'llC- , K;;!iii, i'Vryussdii, 1). Gii;;t, (Jiiilict, GoiKl'llI l/ill'l(ll- 111, .Miicdoiiiilil of II, .MiicN.il). Mal- ,oiiii, Mdriit, Mc'- 1, Nt'l>()ii, NiiliiKiii, Siiuviiijc.'ui, Scott IS, Scynioiir, SluT- iirliain, iSiiiiili of StcM-'iisuii, Tiielu'!, — u/. nf;uin rctul ; nciuliiu'iit. thereto, tcutofloss iind in- n? 1111(1 18.'13, upon iiii:iilii, by violent heir t-ovcrcij;!!, iin ly !irioi)ti'(l on tho lie I.o^^islntivo As- them pres;nti'(l to riiciijiliihis l?iiri)ii it'fiil (f the same, oiild be pleased to 'pled ill order to , pait of this I'ni- iiideiniiity f-.ir ]iiHt g the rebellion of ks, Ca_>ley, Chris- iiiald of Kiiii^stdii, lel.ean. Miyers, y:oun, Durbnui, !-iiiith of ,t;er, Wtitts.— r32. hen agreed to: Fcoa :--MpsMPiirs Armstn»n;,', Attorney Oeiu ml A'«iy» i—MoMiourn ArniNtronj?, AHornpy General Inhlvviii, neniibicn, Solicitor General HIake, Uoiilton \ Haldwin. neaiibiep, Solicitor fifiitral Illiike, I'oiilt of Norfolk, H iMtillicr, IJiirritt, ('aiiieron of Kent, Cartii'i-, (;iiiielioii, C-'linbot, Chanveiii, l)avi;;nr)ii, ]||Je\Vilf, Solicitor (ieiiernl Driininioiid, l)iiche>iiriy, DuuKH, Kyjiin, Ferifiisson, Flint, Forlier, Fournier, Foiiripiin. (}iiil!ct, Hall, Ilulmes, JolinHui, Atioiney Qenenil LaFontaiiie, FiiiTerriere, Laiirin. I.eniiciiv. Lvon, M.iediMiald (if Uleiiyiiry, MeFarland. Mcrrilt, llelhot, Mon.;cn:ii,s Morrison', Nel.Min, Notiniin, I'a- £1101111, I'olette, I'rlee, Saiiva'^eaii, Seott of Hyiown, :olt of Two Moiintiiins, Smith of Wentworth, Tu- die. Thompson. Vi;;er, \V;itfs, Wilson -.')2. J Ninj'i: -Messieurs Had.i^lcy. F'.rooks, flayley, Chris- i|e, Crysler, Dickson, GnL,y, Macdoiiuld of Kiii(;ston, MiieXal). Mallocli, .McGo'niiell, McLean, Meyers, prince, Ko'iinsoii, Seymour, Sherwood of IJrockville, Smith of Durhiini, Smith of Froiitonue, Stevenson. — »). The fifth RoMilulion beiii;;a;;ain read, lion. Mr. Cavm;y moved in amen " I{i;iJKi,Lio\, siivi.L m; kntitlkii to any iNUiiM- "NITV." Ycn'A .•—Messieurs Ilad'^ley, Brooks, Bun itt, Cay- lev, Christie, (Crysler, l)iekson, Kiran, Giijijy, IIii'lI, Johnson, Lyon, .Mi>cd(»nald of GIeiii;ary, .Nliiedonulj of Kin!,rston. MiicX;di,J\Ialloc!i, MeConnell, McLean, Meyers, Prince, Bobinson. Seymour, Sherwood of Brocivville. .'-niitli of Durham, Siniili of F'ronteimc, Smith of Wentwortli, Stevenson, Wilson. — 2M. i\7///,* ;— IMessieurs Armstron;,', Attormy (jeneral Baldwin, I?eaubii'n, Solicitor General IShike, Boulton of Norfolk, I'outillier, Cameron of Kent, C'arlior, Cauclion, Cliabot, CHiauveau, Davi^non, DeWitt, So- licitor (Jeneral Drummond, Diicliesnay, Diiiiias, For- fiusson, Flint, Forlier, Fournier. I'^.llrquiIl. Guillct, Holmes, Attorney General LaFontaine, LaTerriiirp, Laurin, Lemieux, .MeFarland, Merrltt, Monj^enais, .Morrison, Ni Ison, Notnian, Piipiiieau, Polette, Price, Sauva^teau, Scott of Bytown, Scott of Two Moun- tains, Taeho, Thompson, Viger, Watts.— 43. •Mr. Prince then moved in amendment to tho said liesolntion, to substitute the following ; — " That this House, most solemnly and unequivo- "cally protesting against any measure that bus for "its object, or that can directly or indiwdnally re- "siilt ill iiidemnil'ying for losses those who were en- ■' gashed in (jr eoimtenanced tho late rebellion, is of "opinion, iis well tis doirons, that the loyal subjects "of Her Majesty, and no others, in Lower (Canada, "should be iiidemnilied for the jusi. losses they sus- " tained, but that such looses should be paid by Low- " or Canaila alone, iind from her own local resour- "ces; and that Upper Canada and the Consolidated " Bevenue Fund of the Province should be wholly "and entirely exempt from the burthen of any por- " tion of those losse.^; be(;auso it \\ould, in the opinion "of this House, be the Iiei^^ht of injustice to saddlo "njion U[iper Canada, and especially tho Western "Districts ihereof, any part ol these losses, there " having been no rebellion nor even any symptoms of "rebellion there; it being, on the e I 24 APPENDIX No. II. " and who bad bpcome sufferors tlirnufrh the disloyal "end disntTcctod in the Lower I'mvince, wore nobly "luid gcneroiihly dclrayed by Uiipor t^nnada from ••her own local resources. And further, that tbi* *' House, considering: the vast importance of the nica- "suro (both in apolitical and moral view) as now "proposed by th ■ piosent Administration, and em- *' braced in tlio original Resolutions, and the sudden "and ppcular mode of introdi'.cing it by which the "country has IxiPU taken by surprise, and also ci>n- "sideringthe impoverished and embarrassed stale of " the finances of the Province generally, which has " put a stop to (uir public improvements so mucii le- " quired, is of ojiinion that this measui-e ought not to " be further proceeded with until a direi't appeal has " been made to the people, r.nd their voice expr(!^scd " in a proper constitutional manner." Vms;— Messieurs Eadgley. Brooks, Cayley, Chris- tie, Cryslcr. Gugv, Macdouald of Kingston, MacNab, Malloch, McLean, Meyers, Trince. Kobinson, Sey- mour, Sherwood of Brockvillc, Smith of Frontcnac, Stevenson, — 17. iVa^s .-—Messieurs Armstrong, At toney General Baldwin, Beaubi?n. Solicitor General Blake, Boutil- lier, Cameron of Kent, Cartier, Cauchon, Chabot, Cbauveau, Davlgnon, DeWitt, Dickson. Solicitor General Drummond, Duchesnay, Dumas, Fergnsson, Flint, Fortier, Fonrnier, Fourquin, Guillet, Hall, Holmes, Johnson, Attorney General LaFontaine, LaTerriere, Laurin, Lemieu.t, J^yov., Macdonald of Gler.gary, McConnell, McFarland, Merritt, Methot, Mongenais, Morrison, Nelson, Notnvan, Papineau, Polette, Price, Sauvageau, Scott of Bytown, Scott of Two Mountains, Smith of Durham, Smith of Went • worth, Tache, Thompson, Viger, \Yatts, Wilson.— 52. The fifth Resolution was finally agreed tor- Yeas ;— Messieurs Armstrong, Attorney General Baldwin, Beaiibien, Solicitor General Blake, Boul- ton of Norfolk, Boutillier, Cameron of Kent, Cartier, Cauchon, Chabot, Cbauveau, Dr.vignon, DeWitt, So- licitor General Drummond, Duchesnay, Dumas, Egan, Fergusson, Flint, Fortier, Fournier, Fourquin, Guillet, Hall, Holmes, Attorney General LaFontaine, LaTerriere, Lanrin, Lemieux, j\Iacdonald of Glen- gi'ry, McFarland, Merritt, Methot, Mongenais, Mor- rison. Nelson, Notman, Papineau, Polette, Price, Sau- vageau, Scott of Bytown, Seott of Two iMou-,itains, Smith of WentwoVth, Tache, Thompson, Viger, Watts.— 48. iVa?/s.— Messieurs Badgley, Brooks, Cayley, Chris- tie, Crvsler, Dickson, Gugy, -Johnson, Lyon, Mac- donald" of Kingston, MacNab, Malloch, McConnell, McLean, Meyers, Prince, Robinson, Seymour. Sher- wood of Brockville, Smith of Durham, Smith of Frontonac, Stevenson, Wilson.— 23. The sixth Resolution being again read, Honble._Mr. Cayley moved in amendment thereto, to substitute the following : — " That uuthoiity should be given to the Govemot General and Council to issue Debentures to th( "amount of £ or such lesser sum as "maybe sufficient for the purpose, payable out c " the Tavern Licenses of that part of the Provinci " formerly called Lower Canada, at or within twen"'' " ty years from the date thereof, respr-rtively, nnc " hearing interest at the rate of six per cent, payabli " out of the said Licenses, on such day and in sucl "year as shall be therein specitied. ycv,,v , •—Messieurs Badgley, Brooks, Burritt, Cay^ ley. Christie, Crysler, Dickson, viugy, Johnson Macdonald of Kingston, MacNab, Malloch, McLean Meyers, Prince, Robinson. Seymour, Sherwood o; Brockville, Smith of Fronterac, Stevenson.— 20 ^^(„ys ..—Messieurs Armstrong, Attorney Genera Baldwin, Beaubien, Solicitor General Blake, Brnil- ton of Norfolk, Boutillier, Cameron of Kent, Cartier Cauchon. Chabot, Cbauveau, Davignon, DeWitt, So- licitiu- General Drummond, Duchesnay, Dumas, Egan, Fergusson, Flint, Fortier, Fournier, Four- quin, Guillet, Ili'll, Holmes, Attorney General Ln Fontaine, LaTerriere, Laurin, Lemieux, Macdonald ofGlengary, McConnell, McFarland, Merritt, Me- thot, Mong'enais, IMorrison, Nelson, Notman, Papi- neau, Polette, Price, Sauvageau, Scott of Bytown, Scott of Two Mountains, Smith of Durham, Smith of Weutworth, Tache, Thompscm, Viger, Watts, Wilson.— ol. The sixth Resolution was then agreed to : — ^'prts .— ^fessienrs Armstrong. Attorney General Baldwin, Beaubien, Solicitor General Blake, Boultor of Norfolk, Boutillier, Cameron of Kent, Cartier. Cauchon, Chabot, Cbauveau, Davignon, DeWitt Solicitor General Drummond, Duchesnay, Dumas Egan, Fergusson, Flint, Fortier, Fournier, Four- quin, Gudlet. Hall, Holmes, Attorney General Li Fontaine, LaTerriere, Laurin, Lemieux, Macdonak of Glengary, McFarland, Merritt, Methot, Mongc nais. Morrison, Nelson, Notman, Papineau, Polette Price, Sauvageau, Scott of Bytown, Scott of Twc Mountains, Smith of Wcntworth, Tache Thompson, Viger, Watts.-^48. 2\7,„y.v .—Messieurs Badgley, Brooks, Burritt, Cay ley, Christie, Crysler, Dickson. Gugy, Johnson, Lyon Macdonald of Kingston, MacNab, Malloch, McCon- nell, McLean, Meyers, Prince, Robinson, Seymour Sherwood of P.rockvilie, Smith of Durham, Smith o, Frontenac, Stevenson, Wilson.— 24. The seventh and last Resolution was also agreec to. Honble. Mr. LaFontaine introduced a Bill t( provide for the indemnification of parties in Lowe; Canada whose property was destroyed during th( Rebelliim in 1837 and 18,38 ;— second reading oi Friday next. i .Montreal:— Lot EI. L a^u Gtr-PON, St. Nicholas Street. > T/~ V'*--.,..A> J W •en to the Governoi Dcbrnfuros to the such lesser sum a; lose, payable out OS irt of the Provinci , at or within twen"* if, rosprrtively, anc six per cent, payabli c,h day and in suet pd. rooks, Burritt, Cay> n, viusy. John?OTi b, Malli'ch, McLean, inour, Sherwood oi Stevenson. — 20 ;, Attorney Genera pneral Blake, Boul- ron of Kent. Cartier !vin;non, DcWitt, So- Duehesnay, Dumas, r, Fournicr, Four- ttorncy General Ls liemieux, Mncdonald rland, Merritt, Me- son, Notman, Papi- 1, Seott of Bytown. of Durham, Smith scm, Viger, Watts, 1 agreed to : — ;. Attorney General neral Blake, Boultor n of Kent, Cartier, Davignon, DeWitt Duchesnay, Dumas 3r, Fournier, Four- ttorney General Li Lemieux, Macdonak itt, Methot, Monge , Papineau, Polette :own, Scott of Twc 1, Tache Thompson ]roolvs, Burritt, Cay lUgy, .lohnson, Lyon lb, Malloch, McCon- Robinson, Seymour, >f Durham, Smith o, -24. ion was also agreec u introduced a Bill t( of parties in Lowei estroyed during th( — fiecond reading oi ^ Vi