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HEAD, CORRECTLY STATED AND PROVED BY A UNITED EMPIRE LOYALIST. <«_ ^ntain never did, nor .lever shall - Lie at the pv lot of a conqueror, * But when it did help to wound itself." "A generous concern for those V'^ho ar'w* to come after us, shjuld engage us to labour and strivr that we may transmit our civil privileges unimpaired to posterity yet unborn." '4 1 1 KINGSTON. Pnnted by T. H. BENTLEY, Herald dffitx. 1838. ^■/.'.i--Vi»a,'i/-..i'iif'ifc>. jr: ■rr:. \ BIBLIOTHEQUE . l)E - M. PabbeVERREAU O viJ' \i4 '?>. il t;ia( cl (eolinl lo vol will _\{ 4$), ''uh oflh, -'o;niner>-ial therefore, has the €,6 such stupid — such sens?. Can it bf, iiftsssibl!! tii; Bidwell, Esq., has hci'^\maPjM,\. this silly tirade airainst f?F?'VCB'''1 ^' incline to tho helitl, lour poViJion in soii,'ty irin>t •■ heiic'-forlli b • any lirui.j: I ut ooaifoit ih!e to y>inr '•' leolino-s ; Iit- are a nnmh-r in le.t is j^illr-- s-cl '•to von, as \o\\ p'reeivu wil'.i t'le s.'a's uii'iroAeit, '• wiii vou r>'eeive I'.i '3 • 1 it"ts uaoo. nnl and vol- a letter, annonncin;; his determination to quit the country ybrtiYT, when his packet should he deliv- ered to him intact. Mr. Bidwell then retired, and liavinu; addressed the following,'- ktkr to Sir Fr^.n- lis his packet was sent to him : — (Copy.) Toront'j, ^.Ih December, 18."?. Siu, — In fcns.quence of the kiad coiuersation of Your l,x"tll;Mi( y this moinin;-':, I have deter- aij mined to IcawftiiM PfH-.ii.c^ fcievcr. 1 ama^^fs'tPat the ,'6i;^cuir stances to which iii E;^'11nK'y I'lludej^ra. calculated to give ] will nowof eonrsj ho nvidc, will Inlly renvi\T^liisaft,j;S^'ij>i'rt'on> pOio Your V.\ "ll -n- cy*.';;'in;rfaii(^n. 1 hjvc the honor t5 he, i;io,4 retpTtfuiIy, Yo-.ir Evcelicney's ;:jrati;ru! servant, (Si^i'.'.'d.) 'P-IARSIIALL ^. BIDWEM.. His j',\--,'eHcn/y •• Sir Francis Bond Ih^ad. T!i' b:'-tMVi'^n 1 oi" Mr. Bidw ''.1 will h.irdly con- {>'u 1 t'.r, t !io rct.'d ii this c.ise lilie a man consciou; of his infi'LTiity. It nni-l he oltvioust.i (very one. l'i;H he'v.'as awai^e of tiv da!i2;pr fd' snhniittin;' " I'tt :'r,-' to sc:uiii!v. ll.ul ilLein othervrise. t'lOS :;ir.in!< f;oifi tiJ ojen.'d ? M amative t: " untaiilv quit the coua. '• iiiit to have llien examined, t;. kin r the ctianci' "ofwh.'.l fa V loay reveji. To sati^'y you t'lat '• it is i.ol hv'ine G-ivorain'^nt almi- t':i.:t \ on are m sn Tied to be disloyal, look at tiiis ilai:."' woiiiil 11 ' liav li.ivinj; th.'a! p'.i liicly ojen.il? Whit dangei ('■mi!'', t'l.'i'e h.iv,' \i.'t>\i in h tfrs addressed tohim- s ll'.'' tlicy eciiu! net l^e evidence aj'.ain.st Inm.— • i'ut iriiiiht thev not have led to a discovery of fact; tli.it would havf^ iaipliei.tfd him? JMr.'Bidvvel: cA id ntly f.'a'cd it, and we vitv n.iu h doubt i! one of thosi> 1 -tt'TS u'at' in rxjstoiice in one hou: after tli^v u e.'e s.fe in i;is j)OSses^ion, Wore the_\ not tiinr-t into the stove wit!i the apptopriat exclaniilioii, '•Thus perish all t'lat gives to Bidwell pain" ! ! inr Fia'.icis here produced a fl iir which had hoen taken at G iIIown Hill, with these words paiiUcd upon it, '-BIDWELL AND THE GLORIOUS MLNOiUTV." Mr. Bidwell cut 'red upon an elahor.ite haran,>;ue to jnove the impossibility of his havin:; any participation in the rebellious pin- This is certain, tli;it Mr. B. had not a *noment': ceedinr;s,"vvliich Sir Francis lieaid ])atiently to the rest till he was safe across the lines : an J hi'-' frieni: end, vvhen he ai^ain placed before him the alter- John Rolph used all due diligence to join him ai native of quitting; the country /oret'O', or submit- i^icwiston. Tnere is no law to jirevent Mr. Bid tin"- the letters to a scrutiny. Mr. Bidwell chose well from, returning to this Province, nor any oh- the" first. Sir Francis then told him to write him stacle but bis own voluntaiy pledge. > "•^ "TW-- '1' I POSTSCRIPT. (^ Since the foregoing was put to press, and since the subsequent state- ment of the aflfair between Sir Francis and Mr. Bidwell appeared in the ffernld^ the following letter has been this moment (10th May) received from Mr. Bidwell himself. New York, May 4, 183S. My Dear Sir, I perceive that the Patriot has published my note to Sir Francis, and afiirms that the option was offered me of remaining or of having my letters opened. This is not true. Nothing of the kind was hinted. On the contrary, Sir Francis assured me that the letters had been sent to him without his orders, and that he never would allow my letters to be opened. I asked him to open them, as 1 did not wish to have any suspicions about them indulged afterwards ; but he refused to do it, and said he had too much respect for me to allow it. Indeed on the Wednesday previously, I expressly informed the Attorney General of my own accord, that I was willing to undergo the most full and unreserved examination, and to let all my papers be examined. The terms of my noto were dictated or at least suggoe^tod to me by Sir Francis, and referred parti.;uia'.ly to his expressions of personal regard. The object of drawing such a note from me is now apparent ; but I was not then aware that he had received orders from Lord Glenelg to make me a Judge. The interest you so kindly take in my welfare is my only apology for troubling you with this explanation. I am, dear Sir, vour's trnlv, (Signed,) MARSHALL S. BIDWELL. The JS'ew York Mbion of the 5th Instant, in an article in which he refers to the Patriot's account of the transaction between Sir Francis and Mr. B. an«i justifie > the conduct of Sir Francis, bears the following important testimony to Mr.Ridvvell's talents and integrity. " Mr. Bidwell is a gentleman of high legal attainments ; he is, moreover, a person of great integrity and respectability, and was always esteem- ed as such, not only by Sir Francis Head, but by his political opponents generally." After such a testimony to Mr. BidwelPs integrity, as well as that of Mr. Atty. Gen- eral Hagerman on a future p»»ge, no one can doubt the correctness of Mr. B's. statements contained in the above letter and in his various other letters hereafter quoted. U. E. L. \ ,Jto, .tf^-.^r"' t state- nld, the Bichvell 1S3S. 1 afiinns 1. This I assured le never I did not ^ed to do jdncsday rd, that 'l p let all Francis, olijoct of ! that he troubling V'ELL. »rs to the \ justifies BidwelPs lents ; he 'S esteeni- nerally \tty. Gen- Mr. B'b. hereafter 1^ CAUSE AND CIRCUMSTANCES OF MR. BIDVV ELL'S RANISHMENT BY S[R F. R. HEAD CORRECTLY STATED AND PROVED. Introductory Remarks hij the EdUdr of the Upper Canada Herald. We have excluded an Editorial article prepared lor this day's paper, i'l order to inaktj room for the following: impoitant communication and co.Mespon- dence — important, not only in reference to the ])ersoii ( liielly concerned, hut also in relation to the government, as its honour and justice are directly implicated in the all'air. VYe publish tlu; docii- inents in the fust place, as an act of justice to Mr. Bidvvell, and this he has a iiu;ht to expect tivcu from a political opponent ; and in the next place, as an act ot justice to the government, that the Executive may have; a correct knov^^ledge of tht; ease, .ind may render due justice in the premises. It is here fully proved that every chaite and ghost of a charge again>t Mr. Ridwell of being in any way or manner connected with the reliels or cngnizaut of their jiroccedings, is totally unfound- eii and vain , and ihcii'fore, that lie was e.xpi'iied from the Province without any causi' whatever; and consequently, that he was expelled unjustly. Now the government cannot commit a greater in- jury to itself than to coiitiiui!; an act of injustice after it is known to he unjust. That would give point and force to the reproaches of our enemies by making them true, and tlie exclamations against "British tyranny" would become something more than idle words, by beaiing a constcUit application to established fact. No coiisidcritinns of political expediency can ever excuse or justil'y an act of in- justice. Our strength is to lie just even to an op- ponent, and give no occasions for the slanders of the democrats against British lule- We call them slanders, but tiiey will he slandeis no longer if a man without the shadow of a charge against him may he expelled from the Province at the arbitra- ry pleasure of a goveri\or. Nothing could more weaken the attaciiment of the people of Up . Canada to their government, than a knowledge that it sanctioned inju'itice. Under all the cir- cumstances of the case, it was unavoidiil)L that suspicion should attach to Mr. Bidwell ; but as soon as it was found that the suspicion was nut supported by one solitary fact, that interdict sLeuld have been removed, the agreement aiuuilh cl, and Mr. Bidwell should have been left free to act as he jileased like any ether innocent man. On this point we speak out fearlessly, as becomes •->. Brit- on ; for we can never sanction injustice no matter what guise or pretence it assumes. A\'e have on- ly to say farther, that entire reliance may be pla- ced ill the accurac) of the following statements and correspondence. Eviry thing here advanced can be substantiated by direct evidence if necessa- ry. It will be obsf rved that Mr. Bidwell's letter to Sir F. Head i'rom Lewistoo explains the reason of his delay at that place. He exjiected that Sir Francis wouhl have examined the matter without delay, and have recalled his arititrary mandate when he found that tlieie was no fact to sujiport his suspicions. Mr. B. also expected to be visited by tne professional friend to whom he had confided the arrangement ol' ins .business. We nay ob- serve ul.-o, that he Iniows nothing whatever of ihe present jjublication being intended. Tire corres- pondence is also important as it throws lighten si'veral acts of Sir F" Head's adminiat ; .i m, and gives from his own lips th(! cause of the lii.'.lrence between him and her Majesty's Ministers, which it will he seen, was their directinsr him to ap- ])oint Mr. Bidwell a Judge and reinstate Mr. Ri- (lout. The public will at once perceive lliat Sir Francis banished Mr. Bidwell in order to remove the cause of his difference with the' Home Gov- ernment. Fiat juslilia, ruut ewlum. »■«» -;,^,jtt. .. \ 6 To the Eiltor of the U. C. Flerald. Sir F. U. IIk.ad and Mu. DinwKf.i.. Sm, jV iato iiii;);l)or of tho Toronto Patriol con- tains a professoi-l cNplaiiation of tin; ciTiinistancMs under wliich Mr. Uulwcll was inihiccdto rnti-r in- to ;)ii ap;recnicnt with Sir Franiis IJt-ail, \\\ Du- ccmljor last, to loave this rrovince,/'o''<'/*c?\ Tho Palriot also publislios a note, imrpoitinii; to have !)ccn wiitttn hy Mr. Biihvcll to !?ir F. IL'ad at thi; time of liis leav infj; tlie country. This explanation ofthn allair has born copied in- to oth.r provincial pi])i'rs with oxprcsbions <( '• cxtreaio sdti.Nl'action." — Tho Polnofs vpisinn ol' thematter is, that the day after thu defeat of tii.' icbels on V'o!i;fo Street, n packet of letters ?d.hc^s;Ml to Mr. Bidwell by j'ost cam^ into tho hands of vSii' Francis, who sent fer Mr, I'.ii'well, and (Hrred liiiii the alternatives of having his letters opened and read and risk die conseqiienccsi, or of liaviirj; the m returned to l.iin unopened ai'.d I(':;ve the Trovince for ever, and that Mr. 15. chose tho h.tter alterna- tive. The Paliiot states also, tiiat Sir Francis showed Mr, Hidwell a lla-j^ which had l)een fonnd at Moiitc:omery'L; with the inscription " Bidwell and t'.)(! Glorious Minority,'' and that Mr 1!. '• en- tered upon an elaborate harangue to prove llu' i.n- possibilily of his h;;vln;^ any pnttici])..firn in the rebellioiis proceedings." — The Palr'wt add.-? '• The best i'riend of Mr. Biilwell will hardly contend that ho acted in thiscaso like a man conscious of his integrity." — Certainly not, if he acted as tliis Account ii'proscncs him to have acted. Tho Patriot, observes aj^ain — '• This is certain that Mr. ]]. had not a moment's rest till ho was sato across th;; lines." — Very tn:e, for Sir Francis wou'l net allow him '• a nioineni's rest,-' iiut cnin- pell'i; him to leavo within a I'iven number of hours, against iMr. B.'s earnest wisli. as ho desired to make some disposition of his business before he left As this most paiaful and important afLir lias been brought before the public to the discredit of Mr. Bidwell and in justilication and praise of Sir Francis, I deem it of grci.t consequence that every friend of justice and humaliity — every fiiend of Constitutional freedom as well as constitutional law, (for they both live and die to,;'ethfr) should know the facts cf tho whole case. I have not e- ven seen Mr. Bidwell lor years ; for my own ad- herence to my Queen and country, I was selected asasacrifice'jby the rebels in the event of their suc- cess ; luit by ii train of circumstances, which I need not here explain, I liave becoiiif! ac(iu.iinte(l with all thn facts of the afl'air betwien Sir F, Head and Mr. Bidwell trom tho very commence- ment. Impoitant piivuto correspondence has also come to my knowledge, wl'.ich will shed essential li;^lit upon what the timmidf. terms, " tho true circiiaistances of tliis ;;chtleman's mystcriou? ex- I do not th'nk the loyal and i^ct.eiTUS Editor of tlie Patriot would wilfully ami knoA'iii;>;ly iidsrcp- r. sent the allair. I believe he has been imposed u|ion, and that he and tho other Editors who have copied from him will, as an act of common justice and humanity to an absent and injuriMf individual, iiiseit a coirert exposition of the c;;se. I believe tint the Editor of the Prf/rioHias been imposed uj on, from the factth'.t bis statemee.ts are not only incorrect, but the vc-iy cojiy of Mr. Bidwell's note that be has nulili>he(!, is is^rntkitlij mutilated from the oii'^ina!.' 'ill o pal t of the sentence in which Mr- Bidwell declared his entire is>,norance that any insuuectiou v,-;s in contemplation, \i omitted in the Pulriot'ti vcisioii of the note. The case is not one of ])aity poliiics : but involves vital questions ofBrllisIi Constitutional Law and Liberty, the tru- ly loi.sted iiiliLriliince of every Biitisli subject; it involves the imniutabie piiiuiides ol moral justice between man and man ; it involves the p;uarantee(l rii^hts and dearesls interests of a fellow, man. Mr Bidu'ell's case may becoirie t!ie case of others; and tlioiic wl'.o have so nobly vindicated the con- stitution and laws as;ainst piracy and rel)ellion will, if tir.'y are tine to tiieir priiriples, be as patriotic & loyal in vi^idicatinL; them a;iainst executive op- pression. Let us then calmly Hi. impaitially review this niomei. tons matter from the bi»t!;inning. Sir F. Head assumed the •rovernment of this Province under specific Roijal Instnictiuiis, vyhich he published, ind to tho faithful observance of which ho repeatedlj' and publicly pledged himself to the people of Upper Canada, and upon which pledges, ill connection with the maintenance of the Conftitution, Sir Francis olitained the support of the 2;reut majority of the Electors of U.Can- ada. One partoftliose instructions was, that in the appointment of persons to public situations, (especially of a judicial character) the Governor should not be influenced by '•^ any political consid- eration li'liatever" (Lord Glenelg's own words) but '::i *h:L ■ vvliich I iii.iinted Sir F, nmence- lias also essential the true rloiis ex- vlitor of inisrcp- i III posed vho have )ii justice idiviiluai, 1 lielievc imposed ' not only ell's note I led J'ronn ill which Slice that is omitled lease is not questions y, the tin- subject ; it irai justice .uaranteed nan. Mr of others ; <\ the con- r'Uion will, [latriotic & ctitivc op- lly review cut of this uns, vvhich •rvance of cd himself pon which tenaiice of he support 3f U. Can- :as, that in situations, Governor ical consid- vvords) but by a regard to the character and qualifications of individuals for such offices. Acting in the spiiit of these Instructions, Sir Francis appointed three new Executive Councillors, in announcinp whose appointment to the assembly, I have understood, Mr. Att'y Genl. Ha^crman said he felt peculiar pleasui'c, and doubted not but it would be hijjhly i^ratifyinu; to the House and to the Province at iarire. Shortly after, Sir Francis informed Mr. Bidwell that he intended to recommend his ap- pointment to the Bench on the first vacancy, and wished to know if it would be acceptable to liiin. I\h. n. after makiiiii; due acknowledgmmt, wish- ed to know if his ajipointmcnt had been conceived simply upon the ground of his character and ([iiali- fications, without involvini^ any violation of intci^- rity in his political opinions. Sir Francis replied in the afliiinalivtjWith many complimentary rninnvhs. Mr. B. expressed his sense of the resjicct shown him, and signified his willingness to accept of a ju- dicial situation, & it is understood that tlie aiipoi'nt- incnt was discussed and concurred in by the Ju(l;;e3. After the rupture between Sir Francis and his council and the Mouse of Assembly, he sent for Mr. 13i(lwell,--adverted to ihe circiiinstancc of the Assembly having impeached his (SirF 's) in- tegrity and honor, and observed to Mr. 15, thi.t he (Sir F.) could not recommend him (Mr.H.) to the oHice of. Judge, unless Mr. B. would use hi;; in- fluence in the Assembly to have tlus; proceed- ings rescinded. Mr. (>. expresseil liis rc'grc t at being placed in such circumstances — hut o'.iserved that he (Mr. B.) had taken no pait in the pio- ceeding— that the resolution had licen adopted liy a large majority of the Assoinl)!y, with ; II the documents before them, and that he (Mr. B,) could not feel himself justified in taking thf matter up again, or endeavouring to influence the decisions of the Ilousf on the suljjoct. Sir Francis abruptly remarked that ho could not then recommend his appointment as Judge ; Mr. B. replied that it liad not been solicited by him, but had been spontane- ously offered to him. Thus ended tliu qu 'slion of Judgeship between Sir Francis and Mr. Ijidwell. Here it will be observed, that Mr. B.'s known political opinions were not considered bv Sir Fran- cis as any objection to his appointment as Judge — and that Sir Francis would have actually engaged to secure bis appointment if Mr. B. would have consented to have '^embarked his character in the same boat" with thai of Sir Francis. To his hon- or,- be it said, that whatever may ha^e been Mr. B.'s political opinirfns, he preferred honesty to honour, integrity to office. On Mr. Bidwcll's defeat at the general election of IHUG.hc .-.(rowedly retired from the strife of poli- tics. To th'xt resolution he adhered until he left the Provinci.. In the examination of some of the insurgents I have been informed it appeared that they had gone to Mr. Bidwell some time before the insurrection to ask his opinion about the measures recommended by Mackenzie, and Mr. B. replied that he had no opinion to give — he had altogether retired from politics. It seems that Her Majesty's (jovcrnment a.ihe- ring to the Instructions under which Sir Francis was sent to this Piovinrc, and perceiving that he had received the support of the P'ople of U. Can- ada by pledging himsellto carry out those instiut- tions, directed him to appoint Mr. McJiCan and Mr. Bidwell to the Bench — as gentlemtn of blameless private character, of superior judicial qualilicalions, and as having been successively ele- vated by the inhabitants of U. Canada to the high- est honor in their gift. I am able to assert with positivencss, that Her Majesty's Government deemed the appointment of these distinguished jurists an'd successive speakers of the House of Assembly-— as a jiroper expression of respect to the judgment and feelings of the People of this Prov- ince— ks a healing measure as well r.s impi rtial— as calculated to destioy the spiiit c.nd weaken the power of agitation in the Province, and to employ Mr. B.'s great talents and af qulremcnts to the ad- vantage onhc Government and the Coiintiy in lli.,t 'Mpaeity in which he has always preeminent- ly distinguished himself. I do not ftel myself called iq.'Oii to express f;iiy opinion ;,s to the nita- surc itself — I f.m merely dealing with the ^/hc/s. Sir Francis lunv (Sept. 1837) refused to ol ( y llic iloyal instiuclions as far ss Mr. BidweU's np- jioiiilment was conciined, and to bring Her Ma- je.-ty'a (jovernment to his own terms,'ender<:d his resignation. From Sir Francis'known dis'pofition, ituiay he easily conceived what were his feelings towaids I\lr. Bidwell, when Mr. 15- had declined '••■ emijarkiiig his character in the same boat" with his, and when his (Sir F.'s) own office now hung in suspense on Mr. BidweU's account. At this junciiuc [he. insur recti jn broke out; and in the iiour of trembling, feiir and impending danger, on Tuesday morning the 5th December, when Toron- to was yet defenceless except the Market build- ings and the U. C. Bank, and Sir Francis hardly dare leave the Market Square, he sought Mr. Bidwell'5 agency for a flag of truce to the rebel camp. Mr. B. declined, assigning as a reason, that he did not possess the ccniidence of the lead- viixiti'Mii'*'^'"'' •' ats of tUo insurgents. On the 8tlk December, the il ay after th« supnression of the rubellioii, when ^ir Francis felt hiinsclf on 1^'W» will con- firm what I have staled. '• A procession was formed to escort Mr. Matknii/io to the town. — lie was placed on the second story of an immonse 3lei;jh helongini; to Mr. MoNitioMEiiv, which was drawn by four liorscs, and carried between *^0 ami 30 men, and two or tiiree Scotch musicians. — One "f the most siiif»uL.r curios. ties of the day was a ,tL' printiii;; )ir(.^s, placed on one of the sleij^hs r.nd warmed by a fuiiiace,oii which a couple of boys continued, uhilo moving through the streets to strike oil' tht-ir Neiv Year's Address, and throw it to the People. Over the press was hoisted a crimson iKi^ with the inolto " The Liberty of the I're.ss." Till! mottoes of the otiier Hags weri " King AVjillam l\. and lleform." " hidwcU and llw (Jlor'uius Miimrilji, 1K"W, a Good Jkginii'uiu;,-^ ''A Free I'rcss the Terror of .Sycophants."' — •' Mackenzie and the I'eople,'" " Here \lw wl.ole mystery is explained about the fins;, and about its being at Moiit^omeiy's. Some of the lebels, du- ring their two or t!uve days rendezvous tlieie, had changed the figure '2 into a 7. But tli^re was cleuijy no ap]ilication of the motto to Mackenzie's iusuiruclioiury proceedings; fur !Mr. Didwell Wa.«* not a meiiibei of the Assembly at all ; it was nut the beginning but near the end of the year: the rebels did r.ol profess to be the " glorious minor'ty *' !>ul the '• glotiuus "-7/iu/V/n/j( of the IVople ; and Ur. Uolph, it appeats had been selected and agreed upon as their President. Mackenzie may have used the (lag to delude and keip hisfolloweis to^fe- ther,though t!iere is no proof tliat he even did that. But had he done so, and had he actually preiiare.I a flag for tiiat jiurpose, it would li.ive only proved that he wished to avail himself of Mr. Bidwell's name and influence to promote his black designs, as he actually had a flag (which Sir Francis does not think projierto mention,) with the inscription, "• Vkluria the Isl inid Kcjhrm.'' Why has not Sir Francis indicted Her Majesty for allowing her name to be used for the purposes of rebellion ? — And this flair also was the old one, altered from William to Victoiia. So much then for the flag which lias afl'orded matter to Sir Francis for so many deliglit/'ul re- flections and animated themes. He would not have triumphed so much over such a circumstance had he possessed any other the uround of irtsinuation or iiriput.ttion ngaintt Mr. llidwcll, the sacrifice of whom lie felt to be iin- |)ortantin justification of his own dii^obedienre to the instructions of Her Majestv's (loveriiment. The ciicumst.inces under whiili Mr. Bidwull was induced or rather compelled, from apprchen- .xions the Most unpaliing to a man ol higli standinir and sensitive miml,, to write to Sir Fiancis will be borne in mind. The following is a true copy nf his iioti', with those words in i u'iis which are odiiltcd in the I'alrii):. (Copy.) Toronto, Sill ])... ember, IS.'!?. Siu, — Tn conseiiucin'e of t!ie km 1 conversation of your JAcellency this ijioniini;, I have dctcr- miiied to leave the Pioviiiee forever. 1 ;:in aw; re that the ciiciimstances to which your Fvcelleiicy i.lludes, nut cab u'ated to give iisr to suspicions against me in i.diilioii to tliese iiismrectiunary movcmints, and while they would I'C. likrly to leiidtr my fuilhci irsii'.ence in the Province unpleasant, they make \ our i!.\cellency's kindness moie worthy of my t.icp ;;nd lasting ;.:i.ititude. 1 r.iii conlident at the same limn, tli,:t tlu inves- li,::ati(j|iS \\ hii h will now of (i/iiisr le in.-.de will fiilry remove those sus|iicions I'luin liiv mind of Mnir Fxciilenc}-, and nill prove tiu.t / had no lihiiu'hdv^c or ixjicrtutioa ll.at ary such ^.tlcnipt Wi.s ill contemplation. I Lwe the honour to hv. Most rosiiecli'iUy, Your Exc(ileiu y's ObcdiciU and J'li'ilh I id :ition in those relations of life which do not involve j;oliUcal controversy, has impressed me so strongly* Witn feelings of friendship au'i esteem, that I cannot now part with you, perhaps forever, without emotion. You are, however, goin.',- to a place of security ; I am remaining in one apparmtly at least of dan- ger ; ; our fate may yet, and 1 think most piobaldy will be happier than mine— but whatever may bo the result, be assured that if in the course of my remaining d:,ys [ can do you any service by shield ■ ing your cnaracter fiom unmerited renroa.ch, or in any other way, reniienng your path of iii'e move pleasant or a;;reeai)le to you, than it would In; without my aid, my exeitions and my testimony in your favo\ir sliall not be withlielJ, and my p;ayci is that (lod may bless you. I be;:; to assure you. My dear r^ir. That 1 am siiicei'lv vnurs, (Signed.) C. A. H.\ GERMAN, To A'l. S. IVidwell, Esq. Could T*lr. Hagerman have po^-sibly wriltn such a letter as the above, if he hud enleitiineii ihe slightest susjiicion that Mr. B. had any concei u in the conspiracy, or any knowledjie of it? If Mr. B. possessed (luallties and virtms and attain- ments to call fort'i -uch a testiiriony fiom his warmest political opponent, was he not worthy of any judicial situation ? And how neaitless and cruel does Mr. H's. letter make the condactof Sir Francis appe;ir in compelling Mr. 15. to le.\ve the country, and tliat uniier professions of friendship. la the next place I will lay before the reader a most able and deeply afTecting letter addressed tfc Sir Francis Head by Mr. Bidwell, immediately after his arrival on the American shore. Let any man of any party, whether he be friendly or hos- tile (0 Mr. Bidwell, read this letter, and then let him say if he can whether Mr. B. ought to be taunted with not having " a moment's rest until ho was safe across the lines,-' or with not "acting like a man conscious of his integrity." Lewiston, 11th December, 1837. Sir, — 1 avail myself of the first leisure moment at my command to repeat my acknowledgments for your Excellency's kind expressions of personal regard and good wishes, during your Excellency's conversation with mo on Fridav last. I am well aware that in a moment of extraordi- nary excitement, circumstances that would at oth- er times have no weight will lead to suspicion, and often indeed to conclusive evidence. I do not thcrelorv com;)lain, '.hough 1 deeply regret that your Excellency sliould think my lormer political iil'e and opinions, the garbled extracts of a hasty and carelessly written letter to Doctor O'Callaghan la Amuist last, and published without m^y ..onsent, and without the qualification or limitation of the context, and the lindin;.; of a ling at Montgomery's T,.vern, inscribed "Hidwill and the glorious minority ", which I suppose had been a banner prepared for some election or public mectimr, but certainly not for su':h a purpose as a revolt, and never used I believe by the insurgents, — suflicient reasons for signifying to me your wish that I should suddenly and forever leave my home and country, with all their ties an^l connexions, the scene of my (b'arcst atlachmenls a.nd h;ip[iiest reeoUectior.s, the birth place of all my childien and the burial place of three of them, and that 1 should come to aland where I am a stranger, and where I am without a piofession, and without the means of jaoviding for the siipport of myself and those dear to me. But I submit to a necessity which l.owever is deejily painful, conscious of my iimocence. I nevertheless would not think of remaining in l/pper Canada without your consent. After your Excellency liad intimated to me your expect:. ,ni! you know as well as I do what has been t!ie Kiinentabl:.' result of the policy which has been pursueil by tho paity which considered vou as their leader. * * (NoTi:. — The Tilachxnzic radicals of the Province nave not for two years eitiier consulted or considered A!r. Bidwell as their leader. 'I he refornieis as a body have considered him e.s their principal leader, and they as a body have not only j)rov(.'d themselves to be loyal, but some of iMr. Bidwell's most active and inlluential ailniirers and Huppoiters in dillerent parts of the Province, have been among the most .-ictive and loyal voliinteeis in supiiressintc the rebtdlion. The V-ackenzie rad- icals and rebels no more constituted the body of reformers in this Fiovince, than the Roebuck rad- icals con^titute the body of reformeis in England. They are the ercrcicnrc of reformers, the same as the high ultra tories are the excresonce of conser- vatives ; and the one class of these rxcresences is as really disatTected ami hostile to tho principles of our free Constitution of Government as the ether. The one would fain be rid of the representative / .. ,«iii »r id in tiie course of the inveitij;ii(ior;s. Yet Sir Fihiuis refers to an '■• asroein< nt" info wliich be had forced Mr. Bid- well will n be couM i ot helj) ! imself, ; m! declines that he would liave cnnlinued hini in exile rs lon;x as he Uiij;\\[ have reii.ained in thf Province, i will ventuie to say, that liad Sir Francis rcn)aiiiH(l twelve moiilhs lonjrer ill U]i|ir Canada, he would have leenconijielled to leave ilbimselt.or restore to Mr. 11. the ri^'hts and privil<•^•(.s of a British sub- ject of which he had robbed iiinj— ami he even in- sults Mr. B's. wounded feeling's with a compliment upon bis piobable luccess at tbe American Bar. — The only nretcnce upon which he attempts to jus- tify Mr. B's punishment, is an insinurction respect- ing the " lamentable results of the policy of the party which hau considered him as their "leader." and that Mr.B's. '< conscientious preJilections " were ^not compatible with monarchical govern- ment." Now suppose Sir Francis* insinuations * were farts, what justification would he hnd in them for his unconstitutional and cruel proceeding against Mr. B. Have not a large and powerful party in England charged upon the " policy '' noilf merely of a party who regard Her l^.Iajesty's Min- isters as their head, bnt upon the " policy " of Her Majesty's Ministers themselves, the " lamentable results," of "rebellion and bloodshed," (as Lord Stanley expressed it,) and ye* are those Ministers hanibiied ? Nay, do they not still possess the con- lidence of Her l\lajesty and of the majority of the inhabitants of Great Britain ? Now it I were to charu;c the " lamentable results " of the rebellion upon the *• policy "of Sir Francis, as you have Mr. Editor, with irresistible power of argument ])roved, would 1 1)0 far from the truth ? But would his banishme;il follow ? \gain — if all the persons in England who might be supjiosed bj- the reigning kSovereign to enter- tain '' predilections" incompatible with British " Monarchical government," were to be banished, how many hundred members of both Houses of Parliament, and bow many thoasands of the gen- try and People of Great Britain might lie doomed to exile? And yet this is Sir Francis Head's doc- trine to Mr, I'idwell, and this is tlie only pretend- ed innuiul of Mr. B's. banishment alleged by Sir Francis. If ^r.ch a 7'cgi?/ic is jiermitteil in Upper Cauiida what better off are W(i than the inhabitants of Russia or cveR Turkey? AVhere is our llritish Libeity? What man in Upper Canada may not be baiiislied to-morrow? According to this doc- trine— a doctrine avowedly acted upon in Mr. B's. cas^— it is only for tin Governor for tbe time to supjiose or to profess that a man's '• policy" is fraught with " lamentable results" or that his '' predilections" are not " compatible with m.onar- ciiiciil government," cv give the suspected individ- ual his choice of juin vt liome or nanishmcnt abroad! It ii not what were ]\lr. B's. opinions, or whether they were true or false, beneticial or jierniciou.s — the (juestioii is, has not evcrv Britisli subject a light to his opinions? And is not this freedom of opinion the very tenure upon which the constitu- tional libeities of every Britisli subject are held and enjoyed? Ls not free discussion— not banish- brancb of the c-overnment, the other would subvert the fX(wnl\ve branch of it. The one would not allow,, -f they could prevent it, the common people any power in the government, the other would ]ii()seribe the higher classes. This is the difTer- ence. So that tiiere ate more than one class of per- sons who are not in heart loyal to the principles of our Constitutional Govercment, though they can- not be considered equally reckless and unprinci- pled.) \h / • fol icy »■ noil Bsty'sJVIin- :.y"ofHer llamentable '' (as Lord Ministers I'ss (he con- 5iity of the I were to |e rebellion l3'ou have ;.\cuse it, br,t in my jud jfnient (if I inay be a judge in my own cause) it was im|iolitic. Mnwever it is no no .such ''clh'on, nnd '«n {)ossil)l_v il not give ut true. I 'e I was o.\- ■_ iiclhln;' to '' (lay wiil manner ]:\ '•.' (on ];vt(i i>'i'd to Sec I cliini fhr.t /'.iilhrulJv, my .'ewaid 15 511(1 nil olhpr ■t!u<' I cj.ii't t'l meet li»r w tlie full iro.n \v-^r.> ', i83S. 1-' f'tlsilV «S itli-iattoij != ptiri'l- 1 Ml!*!-,-. '•th vv"it!i- I'.actsr; irics ami (1 to the 'hile Sir y glory, airangcment for a partnersiiip. Several limes I have been on the eve apparently of eflecting s-uch an arrannemoiit ; bnt all my ])lans have been baf- flecj. 1 confess I have been much depressed, for 1 have earnestly and perscverin^jiy sought Divine direction and aid. • ••••**« • I am a stranger, and cannot became familiar with my piofi-ssion without n.uch labour and much lime. I have a family deiicndent on mo ; my children are young r.nd my vife sick, demaiullng my mcst assiduous attention ?nd tender concern, and exciting cares and anxieiics little favourable to the e.\eitions which my ntuation requires. I5ut I ran liciicve that iJ'id may have important ends in vicv/ in lluic ordciingmy rfKtirs ; that this tiialof my faith maybe santlified and blcrscd to my spiiilual j--ood, and that I shall yet prai«o Him wiio is the liciiUhof ni\ countopLncc. 1 saw Sir Francis i/»nd .is ho pa.'^scd through Ihi^ plaee. I culled (.1 him, havinsi; r.Kccrtiiincd that it would lie agrpe,';blc to hiir. \Io war, evi- dently plc;;-ed that I lid io, riud evpnssal his re- spect" for my talents. ;noral character, {^c, but said he oould not acjvee ii/my politics: he said he had ansv.-erei', my IcltiMfny " eai;tmusly" ; iind a^ I Stfd nic rose to retire, he \yfu sWvaut kit the V.«ii' 11*-' t'l''" ^-'"1 ^' of double to UMoyin unlil lie ,V, to avoid the r:['farance 'hou^hf: it licht b tell me h'di in o:i:.'r dealin;r, he t to •houghi: it iic,ht U tell me v.iiat nail occurre{i be tv/i'en Her i. aiinv's fiovcrniiicr.t md him al;ou me ; that he Ir.idbi'en n quirc'd I'y Lord Gienflg l( appoint m.e a Jrlge and to restore ^!r. Ridout, and that he refusi'd IJ» do this, whirh had led t>lils re- signation. 1 [(plied that 1 had not called on him to rntjr ii.to r.\planatlons, ; ut as a proof tliat I en- tertained no viiidictive feeini:;s, and was disnosed notwilhstauJin; my conviction of the injufti?e I had received ;t his hands, (o treat him with the rrspect due to the station wliich he had filled ; but as he had introduced tWe subject, fandour and jus- tire to rnysMf required mo tosay,th.'.t after I had resided noarly 2d years in Upp'>r Canada, and had driving all thiittim'e I)een a ))jaceable and obedient subject, and liad borne, as he had atfmitted, an irre- proachable and exemplary character, to take ad- ^'antap:e of an occasion when I could not exercise any choice, to roiiipel me sud^lenly to leave a country in whicli I had formed all my altaciiments, connexions and habits, where alone I had a home, or property, or jirofession, was exceedingly arbitra- ry, unjust and cruel, involving as it might and pro- bably would the ruin of myself and family. He replied, it was one of the consequences of the rebel! lion, and he regretted it. I said no ; il was hu( act, not that of the venels. 1 could not blame ther for it ; but I would not pursue the subject as I did not wish to say any thing disagreeable to him. tendered him my services while he remained ir New York, and we parted jdeasantly after ail. You have probably seen Sir Francis Head's ]ett^^r to Lord Glenelg, giving him an account of the rebellion, &c. You will find that he mentions having sent the llig of truce to the rebels on ]i'cdn(sJa]i, and lays some stress on his having ('one it when he had collected asuOic'ent force to overcome all opposition. Now it is notorious to all Toronto that this flac; was sent out on Tvesday morning, tlie very moining after the rebellion hiok(! out. Alter Sir Francis rtaited I received the answer he informed me he had written, -'^s yon so kindly take an inlenst in my welf<;re, I will subjoin a copy for your priusal.-' [The co]'y of Sir Francis' letter here alluded to is siven aliove.] *"You will see it i>> written in his characteristic manner; and that I have liecn pioscrilied for my y»/);>os(?(Z opin- ions. Instead of regardim* the luin which he had cruel!}' inllicted njioii me, merely b( cause he saw ft to condemn my opinions, he spe. ks of my talents and reception I y the New York bar. Hut I for-, hff'u to /Well on ills frndu»!<. It excites f'clin^/i wliich ifraVjiot cheiisli. IrdiaS-ibrJ^Tr^f "a^r'nil^ and rrnel wrons;; and 1 have no hop' of redress.] But 1 forgive him." * » * . - Yours &c. Such then is the ease rf N'r. I'idwfl!, and such the conduct of Sir F. Head to-.vaids liim. While Mr. Ijidwell, as a husband, a yarent, a friend, a suliject, a christiiin, and a man, appears in a light more lionourable and enviable than ho ever did be- fore, language possesses no power adequate to de- scribe the conduct of Sir F. Head. It is only far the reader, as well as the wiiter. to ask, is i\lr. Lidwell a man? Then Iry ali that appertains to humanity, he has a cliim to the lights of man,-— Is he a Ikitish suljccl ? Then by all that belongs to British character and law, he ought not to be robbed of the connnon rights of a British subject,] Has he been a political ojiponent ? Then the bas- er the act, and the deeper the dissrace, in the| " great and cruel wrong" inflicted upon him. Up- per Cana^ has been honoured in tne persons o^ the iSiousands of its inhabitants who have ralliei around the Standard of the Constitution agains the conspiracy and aggression of a ruthless traitor J r-y — r^ "p^f^ ■»illlW|l illMll^^T'l ■' .1 16 '< —let them rally to the defence of that Constitu- lion against a more dangerous, because mne in- sidious, afifgression on the part of anti-British and cruel tyrann7. Let them do so, by aflixinjr their names to petitions to His Excellency Sir George Arthur, as cordially as they lately shouldered their innskcts for the field of battle. Upon the escutch- eon of our country's glory, let this brightest en- signia be emblazoned — " Upper Canada is as free as it is loijal }^^ and ihen will it possess additional attractions to the emigrant, as well as a fresh claim to the allectioiis and confidence of its inhabitants, and the respect oi the world. From one end of the Province to the other, let there be a suppliant respose to the voluntary assurance and pledge given by His Excellency Sir George Arthur in a late admirable reply to a congratulatory address — " Tn promoting and maintaining the rights of all Her MajcsUfs Subjects EQUALLY, I obey the commands of my Sovereign, and at the same time gratify my own inclination." I am, by parental instruction and example, by personal feeling and exertion A United Empire Loyalist. /'!■■' ! ?' H \ , ■f ' , 1 I ;;!« ■ft/ ■|J' \ Vl'r .1 ■■>;■ .V,.. ■'#^ h •>4 ^■•* ■Mt -: "„