^ %:^. IMAGE EVALUATION TEST TARGET (MT-S) // ^/ A^ .*. 1.0 1.1 ■^ Itt 12.2 ■J ug ■iii £ 1^ 120 S__i_ _Sciaices CorporatiGn 23 WIST MAM STRUT WnSTH.N.Y. 14SM (71«) •72-4503 O^ ** CIHIVI IVIicrofiche Series (Monograplis) ICIMH Collection de microfiches (monographies) Canadian Inttituta for Historical Mlcroraproductiont / Inttitut Canadian da microraproductions hiatoriquaa Ttchnical and Bibliographic Notai / Notts tachniquts at bibliographiquat to Tha Initituta hai anamptad to obtain tha bast original copy availabia for filming. 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Les details da cat txemplaire qui sont peut-«tre uniques du point de vuw bibliographique, qui peuvant modifier una image reproduite. ou qui peuvent exiger una modification dans la mithode normala de f ilmaga sont indiquis ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagias □ Pages restored and/or laminated/ Pages rastauries et/ou pelliculics Pages discoloured, stained or foxed/ Pages dicolories. tachet^ ou piquees □ Pages detached/ Pages ditachies EShowthrough/ Transparence Q Quality of print varies/ Qualite in«gale de I'impression □ Continuous pagination/ Pagination continue □ Includes index(es)/ Comprend un (des) imlex Title on header taken from: / Le titre de I'en-tCte provient: poi Ofl fi!n Orii b«t tha •ioi othi first •ior oril Tha •hai TINI whi( Map diffi antii bagi right raqu mati □ Title page of issue Page de titre de la □ Caption of issue/ Titre de depart de la I I Masthead/ livraison livraison Generique (periodiques) de la livraison ■ ^A ^^^^^ IHX 22X 26 X 30X ^^^, y ^"""" ~"~" "— 12X 16X 20X 24 X 28 X ^^^" ^""^ 22-K Th« copy film«d bar* Hm b—n r«produe«d thanks tQ tha ganaroaity of: Library of tht National Archival of Canada Tha imagas appaaring hara ara tha baat quality poasibia conaidaring tha condition and lagibility of tha original copy and in kaaping with tha filming contract apacificationa. Original coplaa in printad papar eovora ara filmad baginning with tf«a fro«it covar and anding on tha last paga with a printad or illuatratad impraa- sion, or tha back covar whan appropriata. All othar original copiaa era filmad baginning on tho first paga with a printad or illuatratad impraa* aion. and anding on tha laat paga with a printad or illuatratad imprassion. Tha (aat racordad frama on aach microficha ahall contain tha symbol «§»- (moaning "CON- TINUED"), or 'Of symbol V (moaning "END"), whichavar appiias. Mapa. platas. charu. ate. may ba filmad at diffarant raduction ratioa. Thosa too larga to ba antiraly included in ona axposura ara filmad baginning in tha uppar laft hand corner, laft to right and top to bottom, aa many framas as raquirad. Tha following diagrams illustrata tha mathod: L'axamplaira film* fut raproduit grica A la ginArositi da: La bibliothiqua das Archival nationaiai du Canada Las imagas suivantas ont «t* raproduitas avac la plus grsnd soin. compta tanu da la condition at da la nattat* da I'axamplaira film*, at •n eonformit* avac las conditions du contrat da filmaga. Laa axamplairas originaux dont la couvartura 9n papiar ast imprim«a sont film4s an commancant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d imprassion ou d'iilustration. soit par la aacond plat, salon la cas. Tous las autras axamplairas o/iginaux sont fiimAs •n commandant par la '^ramlAra paga qui comporta una amprainta d'imprassion ou d'iilustration at w tarminant par la darnidra paga qui comporta una talla amprainta. Un das symbolas suivants apparaftra sur la darniira imaga da chaqua microficha, salon la cas: la symbols — ^ signifia "A SUIVRE". la symbols y aignifia "FIN". Las cartas, planchas, tablaaux. ate. pauvant Atra fiimte k das taux da reduction diff Grants. Lorsqua la document ast trop grand pour itra raproduit 90 un saul clich«. il ast film* i pqrtir da I'angia supAriaur gaucha. da gaucha A droita. at da haut an bas, mn pranant la nombra d'imagas nAcassaira. Las diagrammas suivants illustrant la mAthoda. 1 2 3 22X 1 2 3 4 5 6 H( ^tfi^intini mvlinmtni Of UPPER CJiJV^DA REPORT, &c. OF THE HON. LEGISLATIVE COUNCIL ON THB CIVIL RIGHTS OF CERTAIN INHABITANTS- ^*i ♦ ■ V United colonie Courts ' adopte [habitai venif»n< have fa may hi to whc accord tnces ' 890434 The Lieutenaut Governor thinks proper to jail the attention of the Legislative Council to a sub* lect, which he has long regarded as one of much Importance to the Province and of particular inter- est to a large portion of its Inhabitants. The Legislative Council is aware that of those arsons who have come to this Pro* ince from for- eign countries and more especially at an earlj pe- riod of its settlement, many had been citizens of the *^n!ted States of America and subjects of that go- ' iTernment. H Whatever difH^rence of opinion may have for- Hnerly prevailed with respect to the civil rights of "persons so situated Iron the circumstance of the United States of America having once been British colonies, the solemn decision of the question in the Courts of the naother country, whose laws we have [adopted, leaves no room for doubt. And these In- labitants of the Province are exposed to the incon- ' venience of finding those rights denied which they have hitherto enjoyed, but which, whenever they may be questioned, must be decided upon by those to whom the administration of justice is committed, according to Law. and without regard to inconvcni. tnces ViMch might be much regretted (4) There are also in this Province a number oL Emigrants from other foreign countries and manj' discharged Soldiers of foreign corps, who. not having Btrictljr complied with the provisions of those Britisl Statutes under which they might have been entitle to the privilegos of subjects, are equally by law, exi posed to the danger of being regarded as Aliens. Of all the persons thus situated the greater pan became inhabitants with the knowledge oi the go vernment; between those and others it does not ap. ■ pear necessary to discriminate. In the persuasiorf thit they might all be safely received, and acknow- ledged as subjects, with no other qualificjitions than those which the Legislature of this Province has from time to time ihxight it expedient to impose. The Lieutenant Governor has earnestly pressed the subject upon the consideration of iis Majesty's Go- femment, andkas it now in his power to communi- cate to the Legislative Council, that he has receiv cd His Majesty's express sanction to assent to an en-, actment which may aflTord relief to such persons as' aie now in the Province; and the f.ieutenant Gov- ernor doubts not that a subject ?o important will re* ceive the early and attentive consideration of. the Legislative Councd. Government House, lAth jyovember, 1825 Fxtra 1 J " senti " frod *' com< " and 1 ** sion ' pose ice a number iitries and manj who. not having of those Britist ^e been entitle^ lally by law, ex-kl led as Aliens. the greater pari dge ol the go ^ it does not ap' the persuasioi i I. and acknow- ^ ilificrttions than Hrovicice hai ?nt to impose. iiy pressed the Majesty's Go r to cofflmuni' he has receiv- ssent to an en« ich persons as' ©utenant Gov- ortant wiJI re« oration of. the The Lieutenant Governor thinks proper to transmit to the Legislative Council, an Extract from Earl Bathurst's despatch as it may the more clearly show tiio disposilioii ofIJi ; Majpf^ly's Government, on a subject respecling which the Governor has al- ready communicated with the Legislative Council by Message. Government House, 22d Mvember, 1825. Fxtract of a Despatch from the Right Honorable the , r^ Bathunt to His Excellency Major General Sir Pe- regrine Maitland, dated Downing Street, 22nd July, 1825. « I have had under my consideration the repre- " sentations which I have had the honor of receiving '^fronfyou, on the subject of Aliens who have be- » come settlers in the Province of Upper Canada. " and I regret that it arrived at a period of the Ses- ** sion too late to admit of any measure being pro- ** posed to Parliament. ^i#' -^i^^ C 6 ) ** 1 am of opinion that it will be advisable to con- •♦ fer by a Legislative enactment, the civil rightb " and privileges of British subjects upon such citi- ** zens of the United States, as being heretofore set- « tied in Canada, are declared by the judgment ol ^ the courts of law, in England, and by the opinion •» of the Law Officers to be Aliens ; and of including " in the same enactment the disbanded Officers *• and Soldiers of foreign corps, which were in the *» British service and such other foreigners resident •♦ in Canada, as are in truth Aliens, altho' they have "hitherto enjoyed, without question, the rights of •* British Subjects." « If, therefore, you should deem it expedient tj ,„. """"' ''«"" of f'Tso... therein mc,.t,o,.cJ. en, of th. Un..e,l S,»,e. of A™erio„, „,„, [,„,. c. of Parhamen, , ^w ,r,„.„ ,,„j ^^^ J ^J » Prov,„ce mahy pe,.o„s who ca.efrom o.her ^re,gn ooan.ne,, and many reduced Officers and Mr by bmh or naturalization, ^w «^,,„, jf" .ped,e„, that all such person, should be co^firl. M quieted in the possession of their P . , Luld be admitted to „,c Civi R,; , of 'A'! *""' f". ;,espec^ .o:in:LCrnti: rr foinmaiuJer of the Mo.st H ^^^^TL.iND, Knight '"e Bath. ueu:„r:it::':^f7?'' ^'•'^ PPer Canada and mT r ^^ ^""""'^ "^ signify by Message to both Houses of the Legisla- ture, thU he has received His Majesty's express aanJtion to BS«ei.t to the pasHng of such enardneut as may aflbrd relief to nuch persons being now in this province : Be it therefore enacted hy ihe King's most Excellent Majesty, by and iiith the advice and consent of the l.rgislalive CounciUnd As.emhiy of the province of Upper Cr-.^da, consiituted and as- sembled by virtue of and under the authority of aa Act passed in the parliament of Great Britain entitl- ed an Act to repeal certain parts of an act pass- ed in the fourteenth year of His Majesty's Reign, entitled. "An Act for makmg more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province and by the authority of the same, that from and after the passn.g of this act all persons who at the time of the passing thereof are resident inhabitants of this Province, shall be deemed, adjudged and taken within this Province, to be His Majesty's na- tural born {-ubjects. to all intents, constructions and! purposes as if they, and every of them, had been or . were bom within this Province, so that no Estates^ of what nature or kind soever, heretofore purchased by them or any of them within this Province, or to which they or any of them shall have become, oij may become, in any manner entitled, shall be liabl«| c Legisla- r'8 exprp:t« eimrtment iiig now in i llie King's ' advice and \9!»embly of uted tvhcrms doubts Mnve lately been expressed whether « they are entitled to the rights a .d pri- ' vileges of British subjects, whereby * great uneasiness is likely to be excited ' in the minds ol tiie people of this Pro- * viace, and the honor and g )o I fiith of ' His Majesty s govenuh^.il are lia.le to ' be iiiipe.iCiiedi and a is therelore ex- ' pedum for the purpose of remuvnig * those doubts to declare the Law upon I ( 12 ) *the subject: Be it therefore declared * and enacted by the Kind's most Excel. » lent Majesty, by and with the advice * and consent of the Legislative Council ' and Assembly of the province of Upper * Canada, constituted and assembled by ' virtue of, and under the authority of an * Act passed in the Parliament of Great * Britain, entitled « An Act to Hepeal 'certain parts of an Act passed in the fourteemh year ofHis Majesty's reign, ent.tIed,«An Act for making more ef! fectual provision for the Government of the provmce of Quebec in North Amenca,and to make further provision ior the government of the said Pro- 'vince,- and by the authority of the ' same, that all persons who were born * or whose fathers, or paternal grandfa- * thers, were horn in His Majesty's do* * minions, and who have since been re» 'sident in this province, (nofwithstand- * ing they may have resided in. or been * citizens of the said United States of ' America, at or since the period when ' ^^^ '"dependence oi the said United ' States was recognize^ and acknowledge declared St Excel. e advice B Council of Up per mbled by r'lty of an of Great > Kepeal d in the k's reign, more ef- ''ernment n North provision aid Pro- ' of the 're born, grandfa- 'tj's do* been re* ths'and- or been tates of »d when United Jwledg- C 13 ) * ed hj His ^Ujestfs government,) are^ * and 8h*>ll be considered to be. and to ' have been to ail intents, purposes, and ^ constructions whatsoever, natural born KntKsa.ubjecls, and (o be, and tohave ; ^^*^"' ^"^i'ied (subject to an^ qualifica- tions Hhich the Legislature of this pro- ' vince has Irom time to time thought it ' expedient to impose,) to all the right s- privileges, and immunities of imiural, ' born British Subjects," Signed) JOHN WILLSON, Commons^ Home ef Assembly, > ^^'''^''^ I'itnDicember, 1825. I nghl, andprmUge, „ Brim Suijecis WHEUEAS .here are i„,his province a„u„,be. of P-rsons „o. born i„ His Maj,.s./s don.i„i„„T,„d who have not strictly complied .i.h the proviZ, of var,ous Bn.ish statutes for the naturahzlt; oT <,:^ iX^otctirjr"''- '"•"•' "^^ -'<'- wvmce, and to whom it is exnedipr.* tr. ! I ( 14) Majesty by and with the advice and consent of the Leg,6iai,ve Council and Assembly oi the Province ot Upper Canada, constituted and assembled by vir- tue of and under the aulhoiiiy of an act passed in the Parhament of Great iiritian, entitled, "An /\ci to repeal certain p .rts of an act passed in the fourteenth year of His Majesty 's Reign, emitled " An Act for m iking more efJedual provision for the government of the province of Quebec in North America, and to make further provision for the Government of the said province," and by the authority of the same, That all persona domiciled in thit* province, who have taken, orma> take the oath of allegiance to his Majesty, which the commissioners lor administi ring the same are hereby required upon payment of oie shilling to administer to an^ person ..ffering and de- sh-ing lo take the same, shall be entitled to all the riglits and privileges of niiural bora tiritish subjects, and subject to all the duties, obligations and respon- sibilities of the same, and that rhey shall be consider- ed to be, and that they and all persons, now deceas- ed who were bona fide resident in this province be- fore and at the time o their decease shall be consid- ered «o h >ve been to all intents purposes, apd con- struc!tions. natur d born British subjects t vSctbject nevertheJosH to th.^ju dificaliou now imposed by (he Laws of this pioviuce witn respect to the rights of vc ¥ tior by< p?»s ferr jert Ami d«'Rf therr lions aOer follow or CO by rn ♦owai sent of the ? Province led by vir- issed in the 'An Aci to tburteeuth \n Act for overnment ica. and to ^nt of the the same, ince, who nee to his niuistt ring !iit oi o.ic ^ and de- to all the » subjects, d respon- corisider- V deceas- vincf be- •e consid- aptl con- Suhjeot ?d by I lie rightb of (15) voting and of bHng elected .o the house of Asseinbh CoTic JOHN WILLSON, mom' House of Assembly \ Speu/cet\ : o : : 9 : « : Iteport of the Select Committee. .i„„ ^'.'^ '!'"" ^™"'"""' 'o »ho»e considera. '.o.yo„rhon. house referred the ame„d»e„„„„de by '""•'.mmo,«ho«ReofAs,emhl,o„,hehiII whi-h fornn^ ,he C=vi- n.ht,„„. p^vHe^e, of PH.UH ,,;"" jee., „no„ .„eh person, now „,;d.„. ;„ ,.• "^^ ,v.noe.K,.e Wo ..,-,,„„ „f „^ n:.vi::; ^ .he.. h„e ..en „.,eh ni> i':::::::' """ «ion, which are involved ,„ .1. ^""'"^'^ ""' <"•»«• following «;;! ""'""• ""'•= "«'-" 'o '"«= When Hi. R.eellenc, ,he t.ieufenan. Govern «rcom»„n,ca,ed fro™ ,he Throne and af.eZI by -nesaase, ,he gracious i„,e,„ions of hi, M^e tv towards the difTpr-nt a ■ - ^^f^jesty (Afferent descriptions of Ahens residing ■ft *> (16) ih this province, they were received by this Houstr with much s.ttistiiction. and a Bill was imiuediatelj introduced to curry the royal intentions into efToct Tht» Ute war had most hiippily h'eed the Col. onv from the greater number of suspicious and dis- affected characters, and measures had been wisely taken to prevent their return. The present time appeared thorefore exceedingly propitious i'ov re- warding those, who emigrating, from a foreign land, had proved their fidelity in the hour of triaI-.-for putting an end to all distinctions, and for uniting ttie whole population by conferring upon them the rights^ privileges and immunities of British subjects. m.- '*' I With the view o producing these beneficial results, the Bill went through its different stages in this house almost without question. Several mem^ flp bers, indeed, observed when it came first under '^^ discussion, that the Provincial Legislature had not ^ the power of naturalizing foreigners, as it would be acting in repugfnance to the 31st of the late King and ^ to the royal instructions on the tabic, except an express and special instruction were given to meet the cnse. But as such an instruction had been gra- ciously communicated by His Majesty to the govern- j ment of this province, all difficulty vanished. The poyal pleasure was recited accordingly in the pre- 1 I House ediatelj ;o effect the Col- and dis- 1 wisely int time for re- ' ign laiidf riaI-»-for iting the le rights^ s. leneficial stages in ral mera^ 3t under' had not ^ v^ould be 11 King and f^ teept an | to meet leen gra- ; govern-* d. The the pre- *■■ ( n ) aml>le of the bill, and on the strength of this it pat, sed your hoii house, and was se::i down tor th'? con- currence of the cotnmojis house of Assembly. If it be contended that a bill of this nature, is illogul and must continue so if carried through the usunl stages, the answer is plain and obvious. It confers noth- ing more thrin ih it which His Majesty's government approves, and therefore, ifit should be founl 01 e^- aminition when sorjt hom'^ that It cannot be allowed, His Majesty's Ministers, knowinsf themselves pledg- ed by th'^ Roy il Instruction. wouM immediatplv feel it to be their duty to seHlp y wouM hove the advantage of this PiH hpforp fb^m. rotdninWgr the provisions which the Lt-gtaiuiure ui this crinnfry thought necessary, ituuuid liuie been ea&y luriheia to perceive the diiiiculty and lo appi^ the proper remedy. In either caae iLe Biii v»ouid Ucome .effectual ; and, under this imprebftion, it was sent to the Commons' House of Assembly. It was reasonable to expect thai the satisiaotion entertained by your ho..< lalle house, would have been universal and that the fcf 11 e aliciit) wcuid have been every where felt to lemove the disaLilities which press hard upon a small, 1 ut ii.dustriou!;i nnd respectable portion ofthetcmmLnty and that what had been the eager object ol eniieai^ ai.d bu^ plica- ^ lit (18) lion, for many years, would be received with cvciv demonstration of grateful affection. Fn'hese reasonabJe expectations the l,on.o hag been grievously disappointed. The other branch otthe Leg-slature has thought fit to stand between the KoyaJ Grace and those it was intended to benefit, and to propose measures subversive of every hiw' tJiat connects society together Had the Commor.s' Hou«e of Assembly found your Bill imperteci in its provisions, and proposed the necessary alterations in accordance with the messages of his Excellency, tt.is house, whose wish it was to confer the rights pnvdege9& immunities of Rriiish subjects without reserve, would have williugly concurred even had the house of assembly preferred to proceed by resolutions rather than by bill-such your Commit- tee is persuaded was, and still is. the teelir.g of your house and the anxiety of every member to settle this great question, that you would have overlooked the rejection of your bill and concurred in such Resolutions, had they been framed in a way calcu- lated to obtain their proposed object. But the house of assembly having rejected these obvious courses, has adopted one altogether new and extraordinary. The principles nnd facts assumed and acted upon in the amendments made by that House, are so Msi^ Jiroctly contrary to what has ever been advocate(3 ilia tJriiislj colon)', that your Committee would have been more disposed to advise your lloiiouraide Houso to treat tnem with !^ilent neglect than serious consiJer.itioii. were not the conseque ces so injuri- ous to many respectable individuals ; but when (hey reilccted that ruin to hundreds ma) be the result of the relusai on the part of tlie House of \ssembly, to adopt tne recom ncndaiion from the Throne, they^ thi.ik it their duty to enter with some minuteness into the subject; for though exceedingly clear in itself, it has been perplexed and darkened by ignorance and misrepresentation. ft seems ,o be imna^inel that lo place the mea- sure upon thn ineTeelual footina: of a declaratory law, would be more popular than a direct and positive en- actment. Were it so. it would be no less the duty of your House to oppose amendments, which they con- sider repugnant to the principles of the constitution, but it cannot be; — md your Joamittee are convin- ced that the course adopted by your Honourable House, when seen in its true light, can scarcely fail to be approved of by those whom it is intended to relieve. I Ry the fi-s' statute of this Legislature it was enacted, that in all matters of controversy relative to ( 20 ) proprrty a„,l civil righis, rosorl »l,nll be had ,o (he la»» „( t„g|„,„| ,„ ,1,^ ,„,^ ,^^„^^ ^,^^.^.^_^ ^^.^^^^ .r.mp 'n,l.g..ner,l|,n„cip|ol,„vi„g„o,.crhep„ re- p.v,l...l. m il,..r,.|oro (l,o l.,u of llic province at tl.ls ..."u.e.,t, and l.o.v..ver c,M.,r,.ryi>, application m''y •n ,m.y cases, be to ,be opmion of individuals it l..«»t be the directing rule in the court, of j„„ice o ...e la«s of KngI „„l, is ,he doctrine of allegiance " "" "^ » "■ "- '■■'PPy count..^. ,nd 'h X ".""Si-..np,e and natural, and such as has e.er beej r.™gn..,.d by the n.ost enlightened nations, has i„ modern .,™es like ever, other go„,l principle, been called n, quest,o„,_I„ England, and .herefo.e inthi, provn,ce. no ^an can a|,j„re hi, allegiance. With the consent only of the government -o »hich he o» es na.nr., ai.eg.ance, can he be absolved Protection and allegiance are reciprocal, and include obliga- ons |ro,„ „h..h neither part, can withdraw wi.h^u. the coucunent act o. ,he other. 1. is .herelbre a sa- cred and .ncontrovertable trut!, that no subject can y "*"'"""> •'-- ''""-It of h.s allegiance .1 hi" g"ve.n.uen.„uhout its ..o .sent, than h.s'gove„™ ca.„ wunou. tns consent, deprive h.„, oHu ZT- t.;a„ necuseiUsioudedonthenatureofcmtL CO. „.at essenuu. ,o i,. vei, e,i,,ence. Tel:: trar, docuin„ .u,„,cdiatel, lead, to the »ost da«g. . ^ (21 ) ou« oi-rom: fortl,„sP nl,„ (oil us. thnt sinrc' .,o .„„„ 7" ,;'"■ '■""*■'■ "• -I'-o-iMg under ,vl,al govcn.nn,. l.o sli„ll be (,«,„, 1,.. is iherefore under no obiiKa.iOM to conln,uo I. » ull,.giu„ce .o il longer .l,a« heplc^e,, n,u»i l,k,.«,se aunm !l,„l cluUlren arc unclor „o ol.li- gMhon .., iov., ;,„,,„ur a„d ol,..^- ,|„.ir p.rents. e.xnnl so lar as itaocords »if I, ll,eirineli„al,o„. bc-cau-e il.er were never eonsuii^d »l.o»e ehildren .l.,.y ,l,„uld be. The d, Chine of allegiance which prevails in Great Rr.,an, and ,l,is province, „as also that ol ,he Umted States „|,ile the, continued appendages of LrZ^r'!-"- '^'"' "'•".'>il""-« of these state, «e .. Br. nsh suigcts, sharing in all the pri.ileges of so. h. and h aide to the duties incident to that honor- tlaV "'•."-""""■'^-''-y -oM no, «it,„|raw fron. ' y^: "' """ °"" P'^*— ' '- •'"est tn selves ol the obligations „ hid, i,i„p„,e,, .j.^. out the con.sen, ol the British Legislature The his- lory „( the rebellion "luMrales (he Iruthof this doc. trtne. and proves ,ha, i, « as so understood on both sides of the Atlantic. Fo, «hen the inhabitants of he colon.es, „„„ ,he United States, revolted frotn if* ""^ ?"■■«•■"««"'*. and b, a solemn and Ibnnal publ." ;> act, reno...,ced their allegiance to the k.„g and go vernment b, their de.lar„„on o. i.,d.re.,de.,ce infhe ' yeH, 776 ,Ury were .a„ b, this exparte pro.eejing dtscharged or absolved froo. their allegiance, and ( 23 ; 'pracHceto Irrat cad, oll.rrns foroi^ncrs. ! O : : « : ( '^ 'f. T/ic Public or Ea:tcrnal jwllcy ,f the Iwo JVailons. TiiK Vavio^ation Laws \v"ro n,,t in rom^ .N'-y: ;oHe:,,T\^•'''•■'"'■'■^'■''"''^'- rher, «u" Sigocd b5 order, and i,. behalf of ,ho Conyr..., JOHN lJAi\COCK,iv«a/e„<. • ATTKST, ( i i (( 'i' . 11 a ii fi tions in favor of the United States, are admitted, but these are all prefaced with the words " until further order," which implies that ihey were not con- sidered matter of right but of grace, and might be recalled at pleasure. Now, this xcry order regula- ting trade and the exceptions allowed in certain cases, clearly prove, that the British Government considered that of the United States as a foicign power,and that no other privileges were to be gran t- ed to its citizens than we re permitted to Sweeds, 1782 1 Chap 4b. > Crow,, powers for uo^ocia iu», or coi.cludi. e, u Vneial or particular peace or truce, with the whole or wi.hauv part of theColouIes of'JhlTpuV;;! " •"" ""' "'"" *'''^™''"''' "•" '° con.raveunJ:! .1,- u 1° """'l^?"*"*:*' °f "li" 'a^v «he definitive Treaty of Peace and Friend- •h.p between Hi. Brnaume Maje.ty and the Unh^d Slates o. Am. riclwi :?::l"whl^'t.'';h^i::' •' '^""" •••^ ^'^ •'•^ «•■ s-^p'-^er, na^ , the fi;:t'a;" I V-™ mV'* ^'■- '""m" ^*''^'''"'' »<'k"«»*'«'«'s«« the said Uni.ed States viz - New Humpshiro, Massachugelt. Bay. Rhode l.,aud and Provide" ceVlau.7 .ons, Con..ect.cu., New Yo.k, New Jersey, PensvuLl SJa*. ia y-' land, VnB,n.a, North Carolina. a,,o Georgia to be F.e;Sor,.,ei«u a fd ndependent b.aiea; that he treats wih then. >.h suJu \Z Z h.nmelf, H.h he.rs a,|d m.cce.«or,, relinquishes all Haims ,« , e ( ve n^ '. meut, Propr.ety,aud Territorial right.of .he.arae.andeve.y ,. an thereof." " other reaolutiona respecting the Trea.y ol p:^;.^'S;on:i."„lr*'' """"« « . A BrT*""'*"]' ^^"■^"I^ '" acknowled«iufir th.. iodrpendeMce of the Uni- 1 f « • * ""Tr "^ *'■'"* "^ '•'•^ •"" "« «e^'^d in him bv a . c. o f he last Ses«,o„ of Parliament, entitled, » An Act .o enabl. H^a Majt^ty to conclude a Peace or Truce with certain Connies i.. NorVh Am- « herein meniu.ned," has acted in perfect con.phance ui.h .ho neceril of " the times, and m conformity with the sense of Parliament" "*"* "' f.«™ .w'" "■'""/ T*" "'■'"'*'>'••''' accepted and confirm d by rongiess: and from that moment, the two uaiioua were foreiguera lu each other. Banet or Russians. In the act of Parliament passed tarij in 1783, for regulating the commerce between I England and the United States the words "Britieh Subjects" are used in contradistinction to the words * inhabitants and people of the United States," and in the intercourse with the Wefft India Islands only British subjects and British built Ships, owned by His Majesty's Subjects, are allowed, and the Inhabi- tants of the United States are strictly excluded. The same phraseology is observed in the Law passed for regulating the commercial intercourse between Great Britain and Amenca in 1784, and so much ex- asperated were the people of Massachus< t s at thiv Act, by which that State was excluded from a most lucrative trade which had enriched it while a Colo- ny, that in its feeble madness it passed an Act on the 23d of June, 1785, prohibiting the exportation from any Port or Harbour of the common-wealth, of any goods, Wares or Merchandize the growth, ma. nufactureor produce of any of the United States, in British Ships, on pain of forfeiting the Vessel, &c. &c. Thus giving the first specimen cfthe non-intercourse' and embargo Iaw8,which were to prostrate the pow- er of Great Britain, but which all recoiled on the fieads of their promoters. That the British government never relaxed from enforcing the Navigation laws against the Inhabi. [ ■ T" "'""' ^""*'' «'«'«. - s„fficie„«y „ide„, fi. ••" 1794, for in m, 1 ""• ^""•"'""''' T.™.j I,».^ «<>'""">«. for a liu.ited lime, the irade bui British built s , * '"P""'"' *» n«"e "'eip oister colonies as well as th*. iM^.k »al,/ • ''■' "^'' """"«"« '» Po^ 'he pe. derlTn ^^ '°"'"'^^<"' ">»' «-* restriction, „„. .tt„:i. rre;:^:^:^^-^-^-'^-^^ •licapaDie ol conteudiug even in • Wr Go.ernmentV:::i:tr '''"•'"'' "'^ ■*» 'i.J. est) The two nations from mutual irritation, cnusecl bj the uewYeiatioii in which they stood to one ano- 4 th M-, seem ?d to be receding further and further from one iinoth T till Safa VreMy went into operation, the ninth article of which proves that the Legisla- tuio ol t^ach considered the 8UDJecis ot the other aliens ; for it 13 stipulited, - that the British subjects " who now hold lands in the Territories of the Uni- " ted States, and American citizens who now hold "lands in the dominions of His Majesty, shall conti- *» nue to hold them according to the nature and "tenure of their respective States and titles therein ; « and may grant, sell or desvise the same to whom •' they please in like manner as if they were natives- '*andtiiat neither they, nor their heirs, or assigns! « shal so far as may respect the said lands and the legal remedies incident thereto, be regarded as "ahens." An exception is often the most convincing proof of the existence of the rule. Here British subjects and American citizens are declared by a depart out of the terri- >rr of the tfnlted States, within a hmited t^me eDed (or a term no* eweedine three year., a.y.hHH „V," .,J!: beado... j-d tobecomeacitixen of .he United S.ate., ' Pr.,X .fZavaind fee .. further eoac-ed, tha. If .„y .Uea ,o ordered to depart. Vhal prove to the a.,«fac.,onof U.e Pre.ident b, evidence .« he taken before .»chD",^on or persona ...he Pre.ident .hall direct, who are for th.t ll^Z- her7hj Will ari«efrom«nflFerinjr.nch alien to reride therein, the Prr»ideni mav >7i»nt a l,r.n.e to .uch alien to remain within the lT.,i,ed State, for inch fiml a. he .haKjud^e proper, and ai .uch place «, he n«.y de.i»n«te; «d the Pr" s,de..t may a l.p require of. uch alien to enter in.oa hond tothe UnCed s.h.!| .n .uch penal .um a. hemay direct, with one or moreaofficient .u eMe. to thi .8..»fact.on of thopen«,« au.hor..ed by the Pre^irten to .«ke the .ame on dmoued for the «ood hehavion, of .uch a during hi. re.ide*"c" In hj Uu..e.lS.a:e8, and no. violating hi. license, wh=ch license the Pre.ident mav *cvoke whenever be aball think prop-r— J«/y 6M, (789. "^•'"^'" "'y — •» ..^w — i, - ^-i.h'T >» I u f* «•««'•'«''*« That from and af»er the pa^ine of 44.h «eo 3, ^rh.e Act, it .hall an.l may be lawful for the Govev.ur, lieu. ,n u '»?">'•' «'>»"-nor, or P«r-nn adn.ini.terinff .lie Government oM.,.« Pr.u, „,..., o, he Memhe ..of th. Lo«.. a.ive and Kxecrive to,, 3, Ibe Judge, of H.aMaje«ly*. Coart of King'. Reach for the ^ime beiUff, r 31 ) hi, further worthy of remnrfc, (hat .luring ,he ate unhipp^ contest bem^^,, ,i. . ^ between ih . '" '"''"''' "'"' fi-io-Jsliip ar,-.ve,l. nev^erthe e, 1 ^ T 'f "f '"^ " "" ^ ^ ______l_2;^^»u^^^ bject or ei- ^« brought before ,he «,d „!^ '"' •"**^ P*"^"*" or per«o»« nhair f„r. '^u that hi«, her or tht-ir word. -S ''~"''''". f"" a"d comple.e sah.fi.,^ * 4.Je»tA person or ff^veJnM: f:T'.? •'••.''"^""••"'f' <)i«XHo t! Z *J«..ld bep.r,„i,ted ,« remai.? ?" .Jl.'tT'"^'' "'P-'H^'" «"" he,%heor 'hev ' then. ,ood a.,d «„«.,,„, ,/;..,; J'* '^'.7.!°;''. .'«> require frotn hi.u, her oJ J have been invited to at^si • in the wari of the natives, or to people parts of the;r territoriei laid wa^e by pestilf .ice or war, or to assist ii| the settlement of foreign possessions; and exceptions have sometimes been made for commercial advan- tages. Nations frequently at their commencement ari» disposed to associate strangers with them wiUiout any difficult preparation. Thus Athens, under itd first king, ad.nitted strangers on easy terms to be- come citizens, but after sne became a republic, and disiii.guished ni Greece, it was extremely difficult to become a citizen; nay, it was considered piesump- tuous for foreigners, ttiougii at the head of armies, or on thrones, to aspire to so great an honour; and on- ly a very few persons who were eminently celebrat- ed, were admitted to this distinction. Among the Romans, no Ibreigner was allowed the privilege of a native, except the inhabitants of some Italian cities, until after the destruction of the republic, when the Emperors conferred it first upon whole provincee* and at length upon the whole empire. ( S5 ) ' fa England and Scotland partial naturalization laws have not been uutrequent, but till the 7th of Queen Ann, chapter 5, (i7oi),) no luw of a general character on this head had ever been enacted. Du- nng that session an act was passed for the general naturalization in England of foreign protestants, which conlnjued in lorcc about three years. The luw was unpopular; it was considered u/.wisc to Qpen the door so widely, although many conditions and qualifications were necessary to acquire its be- nefits, and it was therefore repealed. The naturalization laws now in force in Enghnd, are partial, extending to p irticular classes, such aJ foreigners serving in the navy, army, or whale fish- ery, with the excepllon of sitii .g iu i^arUament, be- ing of the privy council, or holdijig otKces or grants of land from the crown. It is not, however, di/licnit ior individuals to get private arts ol naturalization passed in their favour, wun the like limitations ; but althougti a ^-uerdl naturaliz.uion law was not enuu- red in li,*igland »or any length of lime, as there was no necessity lor measures to increase the population more rnpidly than it was natur.tlly doing, it seem- ed advantageous to encourage emigration to the Nor h American colonies, which embraced immense tracts of uncultivHted lands. Accordingly the 13th Geo. U. cap. 7. was passed for naturalizing ibieign- i^- hM 'ill I'l: i (38) crs in the North American colonies, and was nearly a transcript of the general or.e, which Htl heon, for a short time, in force in Enghmd. T\m act was pas- sed chiefly for the pnrpose of inducing foreign pro- testants to come and settle in the lolonies, [now the United States,] which were at that time weak, and exposed to the danger of incursions from (he Indians or French of Canada. It was passe^ at a l.me when there was no such nation as that of the United States, and consequently, could not ha. e anj. reference to It; yei as a has been recognized by suhsetjuent acts ol the British Parliament, it has been construed to extend to foreign protectants who have en.igrated from the United States. Assuming this construction as correct, then ipso facto it can apply to them only as foreign protestants ; for the preauihle of the law asserts this, and consequently, if it ir.rlude Ameri- cans, It IS because they are Mens. In order there- fore to benefit by its provisions, they must con ply with Its conditions; nor are these so hard or revolt- ing (as Hill afterwards appear) as those reqni.ed of intish suhjec s before ihe^ can become citizens of be United states. An.ch stress has been laid tipon the 30th Geo 3. Cap. 27. but it merely remi.s to set- tiers the duty on the goods they bring with them, and has no reierence wliatever to tlieir civil ri-hts. 1 w L' ( 37 ) Thpso two laws contain all thr proviwionp mnde for the iialiiraJiziition of Emij^raiits inlo lliis coloi:)^ ; bill beforo your omniittoo uflvert to \Uc cor-dilions tli'7 rcqiirol, it becoinf'8 necpsdary to examine the law&oftho United States on the same Hiihject, that we may be enabled to couWut^i ihein uith one ano- Iher. After the poaee of 1783, the United States found themselves posses-^ed of an inimense territory, n small partofwhieh only was thinly inliMbited. while thou- sands of square miles were without a settler. It was natural and wise, iherelore, lor them to encourage emigr.uion; and accordingly an act Lr esiablibhino- an u iitonn rule tor nutur.diz ilion, was passed on the 29th of July, I79J. Tnis law h.»s undergone some trifling moditications since ihat period; and your committee beg leave to contrast its pronsions, as it is now acted upon, with ihose lequired by (he 13th Geo. II. c.p. 7. that it may be seen how much more ho.iourabJc and delicate .he demands of our parent state are upon those who .eek to becon.e herbub- jecls, than those made by the United States. •*|i i i i! liiljl . ;i i; ■ t- ( 38 ) The I3lh Beo. g, Ckp. 7 re- guires of American Protestant citizens in order to become a British subject in this Pro. "iince.. The naturalization laws of the United States (14th April, 180^^) requires of a Cana- dmn or any British subject m order to become American ci- tizens. Ist. That they shall remain in the colony seven years with- out being absent more than two months at any one time, before they can sit in the Hou^e of Assembly. «ndly. That they shall take the Onth q( Aliegiiince to King George , another o.ith abjuring the Pretender, once required, aow omitted. 1st. That they shall report themselves to some court of Record immediately on their arrival in the United States, mentioning their names, place pf birth, age, nation, and alle- giance, with the country whence they have emigrated ; and the place of their intended resi- dence. 2ndly. That this report be recorded by the clerk and a cer. tificate granted, to be afterwards exhibited to the court as evi- dence of the time of their arri- val in the United Stales. Srdly. That they profess themselves to be Christians. This, with the o.ith. to oelHken before the Chief ./uilge or olner Judge of the colony. 4thly. That the oath and subscription be recorded in tht- Court where the Judge pre- sides, and also in the Secreta ry's office. 3rdlv. That they must reside five years, at leasr, in the Uni- ted States, one of which in the State in which the court sits to I which they applied for natura- lization. 4thly. That they declare at loist throe years before they caii be naturalized in open court, upon oath or aflirmation, that =t is bona fide their intention to become citizens of the United ,iiiiH (39) lizalion laws of the 'tates (14th ApRit, •quires of a Cana- my tiriliah subject in- lecome American ci- they shall report to some court of lediately on their be United States, heir names, place '• nation, and alle- he country whence nigrated ; and the iiv intended resi^* at this report be he clerk and a cer. rl, to be afterwards the court as ewi- lime of their arrir ted St.ites. t they must reside least, in the Uni- le of which in the I the court sits to plied for natura they declare at irs before they ed in open court, aflirmation, that heir intention to 3 of the United fithly. That, if not a Quaker AT Jew, they shall receive the Sacrament in some Protestant md reformed congregation. Sthly. That they shall at the same time renoimce for ever alt allegiance to any foreign Prince, Potentate, or State or Sovereign ty, and particularly by name the Prince, Potentate, State, or So- vereignty, whereof they may at the time be citizens or subjects. 6thly. A certificate of all this must be exhibited to the court when application is made for naturalization. 7thly. Thpy must satisfy the court that they have resided within the hmits and under the jurisdirlion of the United States Jive years, and prove by two wUnesses, that they have beha- ved as person:* of good moral • haracter, are attached to the principles of the Constitution of the United States and well dis. posed towards the peace and good order of the same. 8thly. Upon the proofs be- ing made the oaths of abjura- tion and allegiance shall be ad- mini»tered. 9thly. In case they belong to any order of Nobility, they shall in addition to the above requi- sites, renounce under oath, ia the open Court, their Title or Titles., which renunciation shall I be recorded in the said court; '■h ;:tl ( 40; I lOlhly Before (hey can sit in Coii:;iv..s liny must iiHvc b^-en s.von ye.irs a citiz n, which with Hv.- r must iiKve yeiirs a cjtiz n, tjV< iiittur;tliz;iig, iie.trs A St.n.iior f ye.ir- a c'iiizeu — ■111:? n.tiiiMlizing^ 'ule the liune in '■) ^f^r the British 1 hoy ofIe»- no IS, lior do iliey Hhich honor Y condition to . that of taking uly christians, ohjectionable» it in their own stant and re- ot to one de- ^ritish dignitj^ iws exhibit, is 2;rant can be- aw prescribes d entirely re- idelity 'o any Sovereignty ( 41 ) ti'hereof he was born a citizen or subject. No condi- tion could have been better imagined than this, for excluding the good, and securing admission to the bad. Had the oath been intended for the express purpose of admitting the refuse of all other nations, and repeHingthe conscientious, it could not have been better framed. Is it possible to find a man of high feeling, who will come into open Court and solemnly abjure all fidelity to his lawful Sovereign and his native land ? Two citizens come and swear, that the person wishing to become a citizen, is of a good moral character, ar } that he is attached to tlae constitution of the United States; and then the courts gravely administer an oath, which, in spite of this evidence, proves him to be void of all proper feeling, and without attachment to any country or government on earth. The condition requiring a public renunciation of nobility requires no comment. Can any one with propriety, (after reading this na- turalization law of the United States*) prentend to LAWS OF GREAT BRITAI N ON THE SUBJECT OP ^ ,^,r . . NATURALIZATION. • ^J*" '*"■ "^? better encouraginor of foreiern mariners and seamen (« come and, erve oa board .hips belouffing to the Kingdom of Grea bSd Be If further enacted by the authority aloresairl, That every such for^^,' mariner or seaman who shall from and after the said 25ih d»7„f a •> , ^* faithfully served on board Her MaJ sty'. shipHf war or a^nynH^l^ ;!''''* merchant or trading ship or ship,, LZ\ or vessels, which at the H™?lf °u service shall belong ,0 any o. hn^ Mnjes.y's s.bjeasot Great BriSfo?^ space of two years, shall to all interns and p.rposrs be deemeJ a?d"aken 5^ be a natural born suojcct of her Majesty's Kingdom of Great Briilin a h.ve and enjoy all the privilege,, ,.ij, rights' and capS.^vhi'lh '."cS r 42 i:,l I ::: r ■ ;'« argue, that it is easy for emigrru,(« fo hccomo riti- z« - s :' Caii a uul^ coMHcimiious man rori.i.l> u.th Its .equ..,u.sr~i roaaah uUcli ,t appears suilulo.t- b ^le.i, that the ,>olii) oi oieat L.i,ia,n u,kI ii.e 1 .1 ed - 1, irs. both cxten.aJ and inienial, piocct tls upwi, the |,ri..c,|)le, liat the subjecis ol ehch nrc Aliens 10 the ofl er. Lui ,1 has t>eei.said, that the inhabitants of the LuUcU ^la^es ha.e been ei.eou;afeed to coim- ,n ly 1 rov.ucal st.autes. and have enjoyed and exere.sed wiaioui lei or Li.idruuce, uU Uie rights and pnv.iefecJ 9I wrilisi. 8ul>jeels. for. 'g j«ivd B. J. '? ""'""*■ :"*" "' «'*"-^ •.HN..h.ee.Mn,r.hrn,Hrlvo. from TrKM .^^ f" v.: w'^Tr •"''''''' '"'^ '"''">• a.." i..r,o„..l .hep,.od.,c.,hmo rH.He;ei;Val'uV.;bT.r:ub;e:;'"'*' Udcc...Uobe entitled.. ,., th. o I'Ocomo rifi- •I <'oriij»h uith 'Jituin and liie 'hhI, |)ioc('(ds 5 ol t'i>ch iwe iMtanls of the to Cuiue ill ty »nd exrrcisKj, Hid piivii«^ci8 have 'i!.d aii<' en- her iv;ajf».ij, and -d AuiiCf Chap. 37 iBn «ho in tini*' of of th.' K'lc'" Pro- ioii»a» in 12U!H.3 lizpH f(>i'('ipiif>r fiom (irm hav'iig' piunt 7— vOGi'o ? fi.p. f'ap. 'v5, all('ni(-i|rB i> f)f ihp Amer'can I all foroipn (irnten. 3 year* *itipl'>ed Tg from the K't (j'a I? within (Ik- i ca- p, upon fi.k>i,',> C 43 ) IV. 'The Constitutional and Provinciil JCTS, M is quite evilent tint this T.Cffl.laturr hns no pp^rer to enact laws repnat.nnt to the constitution co^iterred upon us by the Jist of tho late Kina ]„ cases not provid^-d !or b^^ fhit Uw. we are at liberty to act, and in no other, in as lar, ttieielore, as i iguts of property are concerned, we ni .y proceed in .f- fording ample securi'y nnd protection. But, as res- NArU {ALIZATiO., LAW S OF THb UMThD TATl.S By the Lavys „f the Uuite.l S-atf » ax they now stand, there are two de« ,:np,.„n, of Alim., viz.- those «ho were i./,he United States ar^v .M...be.een the IS-h Juue 170S. a.... the 14th Apr.l IHoa and .h.."o °h^ ha .arnved m the U...ed Siat-^s -i.n:e .he last n.eu.io,,,..! nerio Th! o U WiSatethe couditious on «hich ihey ca.i be ua.urali Jd, at.d uol other- in..- 1- ^" *^ V^ u'^T,^^ pi-ovitifr th It they were residin? vvithin and under tlia Junsd.c.i m of th. United Stut,-, bef.re the 14th .ipiMi 1802, a .d that they have ever s.ace coutiuued (o reside wiihia the same. ^ i^.K a-'*^.^V«1'*^T'**' '*" '*''" ^^""^ arrlT-'d in the United State* since the 14lh April 1S02, shall make re;-..-, of hitn or her«cl» to the cle'k of ». - Comtot record, which report shall contain the name, place of birth 8,7 nation and a leunauce with the country whence he or .he m,ff.aed and' the place ol i,m or her intended residence. This report tht Clerk record* and grants a certificat. under his hand and *eal ol office. If the Alien be uiicie'. 91 years afage. the report must be made by .he Parent, Guardian. Ma.tfr or M.s.res. of the Alien. Thi. certificate is to be exhibi eU in .he cour3ev? deuce of th« time of the applicant's arrival iu the United States ■ ., /i"!^- i^'*'^'' ""'^ •■^P"'"' '* •nadp'he alien must reside five reaisal leas' la I'le United States, one .f which mus. be k. .he state or Territo'^y u here The court sits to which application is made for na.uraiization But he or she must a. least hree yea,-, before that time, declare in open Court, upoti oath Z2t United States, and renounce, forever, all allegiance and fidelity to any to! re iju Pnnce, Potentate, State or Sovereignty whereof such alien may at tut time be a c.t.zen or subject. Of tins notice the Clerk makes a reeord and S",,""^"'''" """r '" '""*'"'"' •-^' "^ ♦>'«''•• -I'ich.afo r-..l."hc certificate of .epori and registry, must be exhibited to the court ^here an plicatiou IS made for imturalizatinn- "ereap. ' I i:t I ( 44 ) ^ pects civil rights, we can do nothing but in accor, dance with the constitutional statute. Now, b^ this law no persons are capable of voting at any election for a member to serve in the House of Assembly, in either of the provinces, or of being elected at any e- lection, who sball not be of the full age of twenty.. one years, and a natural born subject of His Majesty, or a subject of His Majesty naturalized by Act of the British parliament, or a subject of His Majesty hav. ing become such by the conquest and cession of the province of Canada. Now it is evident, that per- sons coming from the United States of America, be- long to none of these three classes. Not to the first, for, if born before 1783, (unless they were U. E. Loy- 3rd. The Court routt be8ati»6ed of theaforeiaid resideuce, and ii must be proved by the teotimony of two citizens, that the oliep during the time bM beha?ed as a person of gfood moral character^ and attached to the princi- ples of the constitution of the United SfaleB, and well diiiposed towaras the good order of the same. Upon this proof beinsr made the oath of abjuration, tIz: that the applicant doth abioluteiy and entirely renounce and abjure uU alleg^iance and fidelity to every foreign Prince, Potentate, .State or Sovereignty -whatever, and particularly by name the Prince, Potentate, State or Sovereign- ty, whereof he was before a citizer. or subject, is adaiiuistered, and after- ■Wards the oath of Allegiance to the United States. The oath of the applicant, cauaot in any case, be admitted to prove the residence. 4th. In case the alien appJu'ing to be admitted to citiztnship, shall have borne any hereditary title or been ot any of the orders of Nobility in the Kingdom or state from which he came, he shall, in addition to the above re- quisites, make an express renunciation of his title or order of Nobility in the court to which his application shall be made, which renunciation shall be recorded in the said court. 5th. Provided, that no person heretofore proscribed by any state, or who has been legally convicted of having joined iheuiiny of tii»at Britaiti during the late (or revolutionary) war,shall be attuiittt^d a citizen aslftresuid, without the consent of the Lei-is.l.jtun; of the siaie in wliicii such perbou was proscribed. Provided always, tlmi no subject o( any tountry, state or sove. reign ty, with whom the United Slates shall beat war, at the time ofhisap- Vlicatiou, shall be then admitted to be a citizeu of the United States. but in accor* Now, bj this t any election AasembI)', in cted at any e- ge of twenty.. " His Majesty, by Act of the Majesty hav- cession of the it, that per- America, be- ot to the first» re U. E. Loy- ideuce, and ii must P during the time ched to the priiici- 'posed towards the oath of abjuration, uce and abjure ul| ate or Sovereignty itate or Sovereign- •tered, and ufter- h of the applicant, !«D8hip, shall have if Nobility in tiie n to the above re- ler of Mobility in reouuciation shall I by any state, or of Cit^t Britain li/en aHlil'cre£ald., iiuch perhuu watt r^, slate or sove. e time of his ap- ostates. (45) alists, or adhered to their allegiance) their title to be deemed a British subject, is cancelled, as has been fully shewn. Nor can tliey belong to the second Jass, for they have not complied with the conditions of the naturalization laws ; and that they cannot belong to the third class, is sulhciently evident. In regard to the Provincial Acts, which appear to bear on the subject, they are all of adisqualiiying nature. The first 35th Geo. 3. cap 2, provides, that no person or persons of what condition soever, com- ing from any port, place, or country, not being under His Majesty's government, at the time of the passing of the Act, and not having been bona fide subjects of the King, for. and during the term of seven year* next preceding the passing thereof, should be eligi- ble to be proposed, chosen, or elected as a Repre- sentative, and until such person or persons should have resided for and during the space of sevenyears, next ensuing the day of his coming into and settling as a subject of the said province. When we revert to the sitjation of Europe at this period, and the numbers of disafilected persons continually goino- from the Imperial kingdom to France and the United States, it is evident that this law had such persons particularly in view; and if it be construed to refer to the case of persons born in the United States, it ■4' ' < 46 ) presupposps them to have lost th«ir al'^'giance, and that they can ouiy bf come entitled hy co.i.pijL.g with the provisions of 13th Geo 2 cap. 7 It is man, ifostly a law of puporAtion. British born sir je(ris have, by swearing allegiance to another state, pla- ced themselves, at 'east for a lime, in ihe siiualio^ of aliens, and may uons-jquently, dunng ihaltime, t-ww imbibed idea^ and sentiments hostile lo liritish yir •. aiid instituiiryns. i he.elbre, it was deemed reus . able, to prevent tliem Irom exercising any civil rights until after a residence of seven years. The 51th of the late King chap, 4. extended the period to fourteen years and required Ihe candidate to be possessed of lands assessed at £lO and of other ratable pioporty to the anount of £160, in all £200. This, which considering the situation of the colony, and the way in which many acquire a settle- ment in it, was certainly an excellent law, and a great improvement on the former, was repealed in 1818 by 5Btlj Geo. 3. cap- 9. which reduced the time to seven years, and the qualification to £bO. This is now the law of tlie land, and proceeds in it« provisions in accord t nee with the 1 3th Geo. 2, which must still be complied with before it can take effect. In fine, these two last statutes, take their bearing from the first, which evidently points at those British sub- '■^4 f- It is man. orn su'jens »r state, pi:*- esiluijtio- of at tune, tc^^ c L>ntlbii ••/';( ;med reus S ail)' civil irs. 'Xtended the le caruiidate £10 and of £160, ill all ation of the lire a settie- Inw, and a repealed in ed the time to JtbO.— ceeds in it« ?o. 2, which take effect, earing from British sub- ( 47 ) J>ct. »l,„h,d l.n their country. r.,Ii„qui.he,) their al. lcg,..nce for a time, anJ were now to resume it. V. IT Fs xssi^,jt:dthat AMn:nir*Ncm ^ENS VVEKR IVVITED INTO (HE pnoviMPE. „„..''""' '"r"^',' '^""■"'■"" ""•"•'■•ion. the inhahi. tn..K ,v..r„ ,1„-, IH „„ot,vo divisio,,,, those who ad- b-ro, to the Kinif and those who joined the stand- ard „ revoh. The latter prevailed, and on the re- eM ,l.l„l„„enl ol peace, the former, who had preser. v.d Iheir allegiance. »„„g|,t an asjium in the colo- n.es that remained faithful to ihe crown. Numher. r.,noved ,o Bermuda. New Brunswick and Nova bcoi.u, and still greater numher, came and sealed ... this Province. The Provincial corps, and one or won.gn.,ents ofihchne, « ere Ihe first to settle in Ui-p-r Canada, in the district of \iagara. and along the lower p.,rt of the St. Lawrence, between King! stonandthe Poiut a« Bodet. Soon after, .all ,he Kefugee Loyalists, wno had, from time to time, es- «aped into the Lower Province, and were living in Montreal and its vicinily, removed to this country *...l were settled in the B.ay of Quinte, and in the ,»ohnsiown and Eastern dislricts. All these had left the colonies during the rebellion ; but (here were C 48 ) ■Ii ill':. ^^■'im 4 m |!lii thousands who had not taken arms on either side, but yet who were strongly attached in their hearts, to the King, and who could not endure to become the subjects of ihe United States. These made ear- nest enquiries to know wliethcr they would be decei- ved if they should remove into the province. There were many likewise who had been active in the con- test, but who were, at firs*, inclined to remain on ac- count of the'.r connexions and property , but the hostile feelings which had b oen 'excited, and the jealousy and suspicion with which they were treated by the new government, became at length so har- rassing, that they determined to remove into the Bri- tish dominions. These different classes with their connexions, were for many years coming in^othe country, as their circumstances permitted, and the British government, appreciating their loyal motives, with its usual kindness and paternal solicitude, in. structed the Governor in Chief to give them an affec- tionate reception. Instructions w^re sent to General Haldiraand im- mediately after the peace in 1783, to give lands to the refugee loyalists, and to take measures for their com- fortable settlement, with as much despatch as possi- ble. In consequence of which, early in May, 1784 Deputy-surveyor^ General Collins was directed t© 4( a a ,i a a either side, iheir hearts, 2 to become e made ear- iid be fecei- iiice. There in the con- maiti on ac- y, but the ed, and the vere treated igth 80 har- into the Bri- s with their ling info the ed, and the >ya\ motives, tlicitude, in. em an affec- Idimand im- I lands to the tr their com- ich as possi- May, 1784, directed t© ( 49 ; locate such loyahsts in the neighbourhood of Sorel, and steps were, at the same time, taken for settling others of them along the Saint Lawrence and around Kingston. In 1786, additional instructions were sent to Lord Dorchester, the fortieth article of which is the following:— "Whereas many of our loyal subjects '' inhabitants of our colonies and provinces now in ' the United States of America, are desirous of re_ " taining their allegiance to us, and of living in our "dominions, and for this purpose are disposed to "take up and improve lands in our province of Que- " bee ; and we being desirous to encourage our said " loyal subjects in such their intention, and to testify " our approbation of their loyalty to us.and obedience " to our government, by allotting lands for them in " our said province ; and whereas we are also desi- *• rous of testifying our approbation of the bravery " and loyalty of our forces serving in our said pro- " vince, and who may have been reduced there, by •' allowing a certain quantity of land to sudli of the '• non-commissioned officers and private men of our " said forces who are i.'iclined to become settlers / therein, it is our will and pleasure, thatimmediate- ' ly after you shall receive these our instructions " you do direct our Surveyor General of lands for " our said province of Quebec, to admeasure and lay ( 50) ! i'l U \i} ■ s *' out such a qiinntity of land as you, with the advice "ofoup Couicil, sljill (loom ucccssuiy and conveni. " Cfit for the aettleinent of our said loyal subjects, " and tho riO!i-coin:ni?isioiied o!liror» and private men " of our forces, which m:iy liave been reduced in our " said province, w!io shall be desirous of being set- " lerd therein, &c." This article thca descends into dr-tails, as well as the other articles, and mentions the quantity of I mJs to be givoii to each master of a family, to children of such fun ily and single men which do not boar on the present question. The part of the fortieth article now given, is that which has been ever adhered to as particularising the de- scription of persons to whom the waste lands of the crown were to be granted ; and from 1736 to the pre- sent day, this his been the directing and ruling prin- ciple of granting 1 tnds to applicants. On the 4th of June, 1787, Mr. Collins is directed by Lord Dorches- ter to accommodate such hnalists as had not receiv- ed lands, and to give ad lilional grants to such oshadcultivntcd their first locatinns, supported their former charactei-s tor loyalty to the king and attach- ment to the British government, and were of decent and peaceable di>porlinent. Mr Collins is, at the same time, instructed to|state to the loyalists how es- sential it is to their s.ifety and the public tranquillity to guard against the admission of any persons among «ii ( 51 ) Mmm ofs^^picioug di.iraclcrs, and commands him to uxjuirc and report if tliere be any sucli, and not to give this addition to persons ot doubtful prinrij.Iop and reputation. So early as June, 17«7, Mr Collins is informed by Lo.d Doreliester, liiat a number of persons, who are in no shape cntiilcd to the protection and encou- ragement of government, have, through tlio conni- vance of co.inocli )nsand f.ion Is crept in and settled themselves among the loyalists, without any auihori- ty whatever. His EKceller.cy goes on to say, that as this may prove an object of consequence to the future welfare of the setilement, it is proposed that an in- quiry be held into thr « har.icter uud pretensions of all new comers since the original s<'tllcment. Such an inquiry actu .My took pi ice; for, on the Ith .June, 1787, Messrs. Col. ins and Powell, the late chief jus- tice, were appointed to make it. Such was the anx- iety of goverimunit to prevent aiiy from soUling in the province who had not given decided prools or their loyalty. In 178) Lord Dorchesler established land boards in every disti ict for the purpose of settling with great- er facility die soldiers and loyalists; and your com- mittee beg leave to call the allenlion of ^oui Hon- ourable House to the third and fourth articles of the 1 if iji'l hr * y I' ( 52 J instructions hy which they were to be governed.- » Article 3d. It shall be the duty ofsuch Board, Skc. « to give free and easy access to petitioners, and to « examine into their loyalty, character, and preten- " sions."-" Article 4th. The safety and propriety « of admitting the petitioner to become an inhabitant " being urell ascertained to the satisfaction of th« " Board, they shall. administer to every such person " the oath of fidelity and allegiance directed by law." Such was the system of granting lands before the division of the province of Quebec into Lower and Upper Canada; and so far was the government from encouraging settlers promiscuously from the Un- ited States, that the greatest care was taken tha^ none should be admitted who could not give decided proofs of their loyalty and attachment to the British constitution. When, therefore, General Simcoe arrived at Que- bec, he found that, instead of inviting settlers from the United States, the government was anxious to discourage any person from that quarter from com- ing into the province who was not of the most approv- ed loyalty. His Excellency landed at Quebec too late in the autumn of 1791, to proceed to Upper Canada; and during ihe winter he was actively emploved in mak. (53; •■ ing himself acquainted with the land-granting de- partment, and in getting such documents copied as it was necessarj to bring up with him, in order to enable the Saneyor General appointed for this pro- vince, to commence and proceed with the duties of his office. •* .'3 It was during this winters residence at Quebec, that General Simcoe issued his proclamation, stating the conditions upon which lands would be granted to such as were desirous of settling on the lands of the Crown in Upper Canada. It is most worthy of remark, that the same proclamation, word for word, was issued by Sir Alured Clarke, then Lieutenant Governor, on the 4th February, 1792, or three days before that of Governor Simcoe. It is therefore evi- dent that Sir Alured Clarke and Lieutenant Gover- nor Simcoe acted in concert *. • A PROCLAMATION, To tuch a* are desiroiu to settle on the land* of the crown in the Province of Upper Canada. BY iiiH t:xcr%A.r.}icv JOHN GRAVES SltVlCOE, Hsquirk, Lieaten«nt Goreroor and Commander in Chipf of the said Province and Colone! Commandinsr His Wajesty's Forces, &c &c. &c. ' BE IT KNOWN to all coucerned, that liia Majesty haih, by hi* royai comroinion and iniiructloiiR to «be governor, and in his obsence the Lieiite- naut GoTcruoror person administerii.sr the government for the timebpinff of the said province of Upper Canada, sriven authority and command to grant the lands of the crowD in the same by patent under the great seal thereof- and it bein? expedient to publish and declare the royal intention respeefintr Huchgrranta and patents, I do accordiocly hereby make known the terms ot grant and settlement to be . 1st. That the crown lands be q;rtnted to be parcel of fownship if an inland township, of ten miles square; and if a township on naviga- -^w -% ( 54 ) To this proclamation of General Simcoe, all per- sons, other than loyalists coming from the United States, have been in the habit of appealing, and with a degree of assurance, which, after perusing the in. strument, is particularly astonishing, as it contains nota vvord,which, either directly or indirectly, invites any person not attached to the unity of the empire and the supremicy of the British parliament. The proclamation makes no particular reference to ap- plicants, nor was it intended that it should do so; its object was simply to state thecondition. of grants of land, and the mod^ of proceeding ni order to obtain them. The description of persons was well known ble waters, of nine miles in from and t marked hy his Alaiesu's suivevor nr If ? ^P"'' ^^ •■"" «>«Uad •aaclioa and auSiiy. ^ "^ dej^uiy surveyor generator under hi. af,era?et;'vatr&o^':?Xl,t^^^^^ c.^. and o"eo.erse.e.;Crr:^:';^;^;Sn;.;:j;.--':^ •oe, all per- the United g, and with iing the in- it contains ;tlj, invites he empire ent. The ICC to ap- I do so; its f grants of r to obtain ell known Ae run out stn'd il> or uuder hie ■hall remain, >f a protestunt losilion of the »o which shall iiaot goveruor iHeH 10 (fraiit !jr may deiiire, have beeu be> < he or she i« esideH raking • u be tor (hat ' I A B. do ilmost of my nti legislature the goTprnor for the tiaie C 55 ) in both provinces, and had been strictljr coniined to hose designated in the instructions to Lord Dorches- tei already noticed. No change took place in the instructions to the and boards, which confined them, in their admission, to lojal subjects; and however much Governor Sim- coe desired the rapid settlement of the province, he desired good and loyal settlers much more. But we are not left t. conjeclureas to General Simcoe's poli. cj; to^ ^ speech, on opening the first provincial legislat^^ meritorious beiii!r;aiiii where it is ailviHeat)le ti> iraiii the n,» »- .h„ 7~~ " issue .0 .he proper officer for a suveyereof'^rtlur.' ,,*''*' " r"""''' '*"•" with a plot auaexpd, and be followed „,th a .m,.?,.-* "*'""" ^'"^ """">* %ired,i,, free aud co n:,,o..7orcaruuo^ the rrml '^T'""." '"" *"'"*' '»' «««- instruction, expressed, and he.e'in ^re. su^red ""'"""" *" "^'^ ^°^«' 6th. That all lyranls reserve to the crown «ii «„»■„ sea coals, and mines of gold, silver, coDuer ,i , ir!! h !' '=°"""°'''y called tent coniain a clause for tl.; rese lahon !f . ' k /"". '^""^ ' •'"* *a«'' Pa- tenor foll„wiug: ' AnrprovideTaUo hai ° '"'".'"r- ' ''' '">"' ""^J""' «''e ' land hereby s'ran.od toZ .aii "' """ ""^ °! '^."•««^' «>'' Pa'cel of 'reservation heretofore made and marked for u«. our heirs ami J!^ *"'""" ^"^ ourmirveyorgeneralof woodsor his lawful depu"^ in u.t.ot'^^T"' ^^ grant lor such part of ihc land hereby e.ven aud 2«n,„a^ u *''"*'' '^'* ""»• 'and his heirs forever as aforesaid and whi. h h m ""^ ""''^ • ing made, be found within anvuLhrteralf '!«';!?' '"T^ "'^^«''f b«=- ' thing herein contained to the 'con.;ar;7o.wt.bru;^ug'" """ »'"* ^'»'''. «"y and the?npp':j.rol'': ^rreLrtU^^'I^'n^Tj^^n 7"''' '"*"'•' •"•^'"'-"•- venth par, of the town'ship, but i'ifo\".ra;::-r" ::,';'' "' "^"^ - general's re»..rnofthesurv..y of the towusliio 1 Til . „ . ' ?u i'° ^''i-veyor for these purposes, between the Xrfl.tl'^^. 1- ^''., '*«""' "ed asset apart consist, to^he intent .bat "he Lds,o re.e;^^^^ tbe« se%^all^fre;XTrt7a!:^o";arl".> •" '^'^ *"•' *^"«'^« ^^«"'^'' '« are or „ay b^allowedl^rSir^l^KSa^^WSKS J^" |[(M ( 56 ) '' trusts and duties which have been committed to the '* representatives of this province, in a degree infin- " itely beyond whateve"*, till this period, havedistin- " guished any colony, have originated from the Bri- " tish nation, upon a just consideration of the energy " and hazard with which its inhabitants have so con- " spicuously supported and defended the British con- '' stitution." Is it to be credited, without the strongest evi- dence, that a Governor using this language, would invite those who had been but a few years before, in open rebellion, and who, instead of supporting and defending the British constit"tion, had abjured their couoerned ia pasv^inif the patent and recordiD^ the same, to be ctated id a table authoriTc) and eaiabhstied by the goverameut, and publickly fixed up in the several office*) ot the clerk of the council, of the aurvcyor general, and of the secretary of the Province. 9th That every patent be entc:ed npon record within six mouths from the date thereof, ii; the secretary's or register's offices, and a docket thereof ill the auJilor's offloe. 10. Whenever itsha'l be thought adviseabld to grant any given qtian- tity to one person of oue thousand acres or under, and the tame cannot be found bv reason of (i.e said rpservationa and prior grants within the town- ship in tlte petition expressed, ihp same, or what shall be requisite to make wp to such pfcisou the quantity advised, shall be located to him, in some other township, upon a uaw putition forthuf purpose to be preferred. And of the said several regulations, all persons concerned are to take notice, and govern themselves acuordiugly. Given under ray hand and seat, in the city of Quebec, the seventh day of February, iu the thirty-second year of hi* majesty's reign, and in the year otour Lord, one thousand, seven hundred and ninety-two. JOHN GRAV£S SIMCOE. By His Excellency's command, THOMAS TALBOT, Acting Secretary . (( itted to the gree infin- lave distin- >in the Bri- the energy ive so con- British con- ongest evi- age, would 3 before, in jorting and jured their 9 be stated in a blickly fixed up yor gtneral, aud MX mouths front I docket thereof my given quan- •ame cannot be ithiii the town- iquisiie to make m, in aonie nthcr cd. ned arc to take e seventh day of 's reign, and in and ninety-two. HMCOE. (57 ) sovereign, and trompled tliat constitution under their feet? On tho conlrary, General i>imc..e alvvnys de- mauded proofs of auachment to the liritish constitu* tJon from all applicants for land, and the petitioners' rest upon loyalty as the ground of their claim, Ac- cordingly the orders for land generally run thus :- " That A. B.'s petition for land havi.ig been read, « His Excellency and Council, in consideration of the' " well known loyalty and sufferings of A. B. and fa. t'mily, are of opinion that thoy came precisely under «' the description of those vvlio ought to he encouraged *' to seltle in this province, and grant the prayer, of " this petition," &c. It uniformly appears, that the merit of declared loyalty and adherence to the unity of the empire, were in general the ground of retommf uding peti- tion«?, and rvhen this ground was not found, the prayer was refused. The assertion so fr'^quentlv mnde, that General Simcoe not only ndmittod Americans promiscuously into the r,rovince, but repeatedly invited them, is the most grouiidless that ever was made, and stands op- posed by the strongest facts. The printed order in Council of tith November, 1704, directs that no set- tlers are to be admitted but thoije whose loyalty, in ( 5« ) dustry, and morals shall appear to entitle them to His Majesty's bounty.* But there is a standing proof of the policy of government, of which thousands are still reaping the benefit, which is alone sufficient to settle for sver this qiostion, viz. the privileges of U. E. loyalists. On the 6th of April, 1796, General uimcoc issued his gratifying proclamation respecting this meritorious class of His Majesty's subjects, which evinces so clearly the views and intentions of gov- * EXECUTIVE COUNCIL CHA ViUEK, OF THE PROVINCE OF UFPEBl CANADA, Noverobei' 6, 1794 Present in Council his Excellency JOHN GRAVES SI'VICOE, Esq. Lieutenant Govei'n(or and Commundei' in Chief of th» said Province, and rol'>uel commanding his Majesty's Foiceii, &c. &c / ;• WHEREAS the existlni; stiite of the Provi:; a renders the continnation of the Boards (•slablitthed expressly for the purposes of taciiitatfr.g: ih.< Kctilini; of such lands as his Majesty, in his royal Benp6cence has been p> eased to {rraut to the Loyalists and reduced troops, inexpedieul and unuecessn-y It is hereby resolved that the authority heretofore sfratited to surh Boards, shall tt.m and after the sixth day ut November, one tliousand seven hundred and ninety four, cease and determine. And whereas it is expedient, r ^reeably to the proclamation of his Ex- cellency the Lieutenant Governor, be, ug date Februai.v 9.h 179'^ that ude- quate provision should be made lor the compliance the'rewitb, i:i the roost ettectual manner It is hereby resolved, that all pe'itions whatsoever lor grants of the waste lands of the crown, be made to the Governor, Lieutenant Governor, or person adniinisterinff the govern neut in council, through the Clerk of the council, except for the immediate location and encouragement otall such as it may be proper to admit, as Settlers wiihiu his Majesty's Pro. Tince, and more especially for the due care and observance that none such be admitted but those wtiuse loyalty, industry and morals shall appear to enti- tle there to the oenefiis of bis Majesty's Bounty, and render them useful inhabitants of this Province. It is hereby reholv^d, that all persons profess- ing the Christian Religion, and being capable oi niauual labor, mho can ad- duce satisfactory vouchers ut their having paid obedience to the laws, and led a life ot inotiensive manneis in the country where they last resided, shall in future be considered, an qualified to he admitted to the posi>ession ot lands Ttithin this Province, atier having taken and subscribed the oaths of allegiance and settlemeut prescribed by act of Parliament. Therefore any magistrate living and residing in the county vfheretn any peraou of such a description may wish to become a resident, is duly au- e them to standing thousands ! sufficient vileges of 1, General espectiiig cts, which ns of gov- E OF Ul'PErt :OE, Esq. said e conlinoalion eeu piea^ied to ueceoii iry It I Boards, aball I hundred aud lion of his Ex- 179-i, ttial ade. , i:i the most nbutooevei' for or, Lieut^naut II, lhiotig;h (be 'iii'oiiracrement Vlajesty'a Pro. hat none such appear ID eiiti- ?r them useful M-sons prote«8- ■, viho can ad- ihe laws, and resided, shall (•sioii ol lands ft of allegiance unty wherein it, is duly au- (59) ernment as to those whom they wished to become in- habitants of this province, that your committee cannot forbear quoting the preamble, aad annexing the whole document to this report. " Whereas it appears b^ the minutes of the « council of the late province of Quebec, dated Mon- '• day the ninth day ofJSovember, 1789, to have been '» the desire of His Excellency Lord Dorchester, the •' Governor General, to put a mark of honour upon »' the families who had adhered to the unity of the the ChZir Ke'liyio^n, L"L trade a^"" "' r^inTh '" .k- . •"■"'*•"■»» '•(iiven under my hand, &c. "To the deputy surveyor of " the district of And as it is expedient that the fees noon anoh ..».». u j resolved that they be stated iathisproclamairu '"*''•«""' ''^ "ade public, Halxfix. The fee to the maaristraie who administers the oatb. and grants the certiBcrtie, ' To th ■ depaiy surveyor for the seaich, For the assignment, To the eovernor f )r licence of occupation. To the clerk ot the Couucil, Total £0 18 6 Title deed when the grant is delivered, ^JToT (Signed) JOHiV SMALL, cltrk o/tfw council. to 1 1 1 iU A ■jf*' 'M l^^' ( 60 ) " empire, and joined the royal standard in America « before the treaty of separaiion in the year 1783, and *' for that purpose it was ordered by His Excellency ** in Couacil, that the several land boards should take " course for preserving a regisjtry of the names of all " the persons falliiig under the description aforemen- " tioned, to the end that their posterity might be dis- " criminated from (the then) future settlers, in the pa- *' rish registers and rolls of th« militia of their respec- " tive distiicts, and other public remembrances of '* the province, as proper objects for their perseve- *^ ranee in the (idelity and conduct so honourable to ' their ancestors for distinguished benefits and pri- ,* vilegea," * 'J he proclamation proceeds to grant them the advantages so well known to every individ- •rPlEa CANADA. By Hi» Exci»llency JOHN 'RAVES SIMfOE, E«iqiiirc. Lieaienaut Governor aiiti M»)r\ Genera' of His Majesty's Forces, &c &c. &c r!;(>ci,/AM\rioN. WHFREAS ir appears by (he minnx^s of (he council of the late Pro. tince of OHe'.PC. dated Monday the ninth val Siunilard in America, before the treaty ••of separutiot! it, the year 1733 and lor that purpose it was then ordered ««b Hi» Excellency in ronncil, that ihe scfral Land Boards ohould take ••ronrse for proscrrii.p a registry of the narne^' of all the persons falliosf '•un«ler the ftpscription aforfmintionec), to the end that ih«"ir posterity mig^t •«be dibtrimiiia'ed from the then) futnre settlers, in the Pai ish Reprislers and ••Ro'ls of the Miljiia of their respeetive disirifts,i»i»d other pu'ilic remetvibraa- •'cenol the Proiioce as (.foper ohiec's, for their persrvcrinK iu the 6'lelity ••and conduct sohoi'orahle to iheii a may have dis- fing'si'shed themsrlvus as aliove inei tioned ; as ■ell fur the caiises set forth, as for the purposes of fulfilling: His MajcetyV grai iuus intention of settlings n America r 1783, and Excellency hould take aines of all aforemen- ght be dis- , ill the pa- eir respec- jiaiices of r perseve- ourable to s and pri- s to grant ry individ- Lieaienaut ' the late Pro- , nss, to hare et- ior G(>neral, > the Unity of fore the treaty > then ordered da tihoulrf take ^ersono fallios; lontority mig^t Reg'ieterii and ic remembran- iu the fiflelity ?d b«"npf5ti and tnade ; and as may have dis- iii8es Bet forth, ion of seltiing: \^ ( (31 ) nal of this province, and which so many arc c:.joying at this day. There is a distinction made between that class of persons who wis! ed well to the Britisii government, but who, from want of energy or other causes, did not rise in its defence, and those who bold- ly joined the royal standard. The former might come into tlic provinfo, and, on convincing the local government that they were loyal, althongb they had not been active during the rebellion, lands were as- signed them on certain conditions ; but on those who joined the British army, in order to put down rebel- lion, befo re 178;?, peculiar marks of royal grace and whL^^T' •""''•/''"'".'-'' "P°"""" •a"rf»n,rw abouVtobe "'■''"' ^'"^"^ and joined .he Royal Standard in Amenci, before tl.e.n.u.y of .epu.anon i„ the year 17l3. u. a'cerii.;., the same upon oath, hefo.e .he Mag.s.ra.cs u, the ^liclmHrnasCiuur.., sessions as- form l','."'"^r' ""'"'"^ "'**.'""" "' "''• H.nclanmlio.,, in such n.unner and »ilT;«b • ^^l'"''"'\""' '^""■""^ '" '"-"'"" '""'"'"i; and ai; persons •A T "'' 'hPiri^la'niB io receive dc.cis wjthoi,. (ee, thev will lui be con- orrt"' -"""«'''"','»"« '-l-ct,.., .hebe,.fi, o, hu.,ng.a.K.c,i ,o .L UnUy of the Kn.p,ie, and jou.ed the Uoyal Standard iu Amenta beioreihe treaty of separation, id the year 1783. ^ •K-T *^'*'«n ""'^^''."'y '""'^ and seal at aims, at ou. Government House in the Town of Vo'k, this s.x.h day of Afiil, in .he >*.,r ol cci Lord one hou- ty"sKern. "** ninety six, and in the thirty sij^ih ycai ofHisAUjcs- (SlGNED) JOHN GR AVES SPMCOE. God save thl King. By His EKcellency'sConiinand, (Signed) E. B. LITTLEHALES (62 ) Ijivour were to be conferred. And is it now to be jnainlaincd tiiata government thus anxious to reward loyalty, and even to apportion the rewar*! to the de- gree in which it was manifested, was equally dispos- ed to receive cidevant rebels, and to introduce into the province those who had lought against liie lathers and brothers of its loyal iuhduitanls? General ilsini-. coe finding th At his proclamation, issued a* Quebec, had been fraudulently acted upon by many land spe- culators, issued a proclamation on iho 2bih May,- 179G, annulling all such orders as had been given for whole townships, but, at the same time, compen- sating the leaders with a grant of twelve hundred acres, and their followers, each with two hundred acres.* Geieral Simcoe had previously explained to some of tlie leaders, as appears from a letter writ- Ul'HER CANADA. » By His Excellency JOH^ l^.t Ol,, Enquire, Lieuteiiaut Gover- uor uud Majui' General of his >Juj<'st^V Forces, &c. &u. uc, PUOCLAiVlATlON. WHEREAS in pursuance of His Majrsty's jjracions intenlioD respect- ing the ijriiiiiiny and soilliiiir iif the waste lauds ol the Crown in this Pro- vinre, made known by -ny Pro^;Uinai:oii licariiiir date the soventh day of February 1792, many persons made ap-,)lica icct to the terms afiirosaid, from the k.icutciiant Governor in Council, hi. ve wilfully perverted His Majesty's most {>i"aciou» iiiicutions, signified in the Proclamatioa aforesaid, namely, "thai the rcsjiccuve Patuniees olsuch lauds liir ' i 1 1 1 low to be to reward to the (Ic- ly dispos- jduce into he lathers iieral is'im- t Quebec, land spe- tMh May,' ceil given , compen- huiidred > liiuidred explained etier writ- teiiaut Gover- ration rmppct- n ill Ihis Pro- Kcvcnth day of )or ioii« of the les o( their a*. complied »itb, ly of the sai d lired ot Iheiii ; rdei's of coiiii' 'roviiice, Miib> Council, littve Ijiiified in (he s ot sucli lauds ( 63 ) ten hy Ills private secretary, Major Lillh;halrs, dated 2)tli May, 179.5, adtlrcss.Ml l« Jacob Watson, a o-en tlem.n then re.iJi„g i„ Ne,v Voric, the description 6f persons to bo admitted, and lii=i views in settling tho province. 7'he (ollouing parosmph f.om this hv ;. lV«H. ''"••••''^'^ '"•<-. ^Vhiilvv m. I W.,„II,:,M., are, a.i.l t hey ar | f' And whPi-oas maity other low.ishif-s and traru of lamJ li-.r» i,.«„ pnated under order, of tho I iputcn,uii «• ^"^^ ffjf^i;^^:::^:jj iSi:s::^;K;,r 'cs 'S; ?^ thetweSv firth'ri''''' 7u"*"'' '";'' ""'*' °' "''' '?"*•«•'•"""■"♦ hoi'-'oat Navy Hall (Sig.Ved) J. (J y" ByCemraand of His Excellency in Couneil. (Sigoeil) i0H> SMALL, C.C, HI im $"■ ( Oi ) letter, \vlii( h appeared, it is believed, in the news- papers oHIje day, bearB so completely on the present inquiry as to merit particular attention. Major Lit- tlchales informs Jacob Watson, " that no person but " a British subject of course^ can hold property in " Unper Canada, nor is the Vapid population of the " country by any means so equally desirable as ihat " its subjects should be honest and (u thful to the un- " ion with Great Britain." This policy has never been changed on the part of government ; and no public encouragement has at any time, been held forth to American citizens, bther than loyalists, much less any invitation given them to come into the province; and on the part of the loyal inhabitants, no teeling in their favour has ever been entertained, nor is now enter- tained.excopt fori hose who,during the late war,mani- lested their fidelity to the country of their choice. It is not however contended, that a rigorous investiga- tion was always had ; there is no doubt but much carelessness prevailed at many of the land boards, and that under every administration, citizens of the United States came into the province through family connexions, cheapness of land, easiness of settlement, a spirit of enterprise, &c. &c. who were by no means of the description marked in His Majesty's instruc- tions, and who, instead of feeling attached to our laws and government, were rather hostile, or totally indif- lie iiews- ic present rlojor Lit- icrson but opcrty in Lion of the )\e as ihat to the un- lever been no public Id forth to ;h less any /iiire; and lig intheir [low enter- war,inani- choice. It investiga- but much nd boards. sens of the ugh family settlement, f no means r's instruc- to our laws tcdly indif- (60 fercnt as to what form of government Ihey lived un- der, provided it suited llicir views. From all which tiie committee are entitled to infer, that every American citizen who has come into this province, and who has not conformed to the 1 3th Geo. II. has come in ent-i ely at his own risque; but the number of such is erv few compared with the ^ mass of population, aim min- he iptly divided into two classes. Ist, The fr; ids and connexions and acquaintances of loyalists, wlio were followed by their neighbours and kuisfolks, so as to produce a sort of continued stream, more or less rapid, from 178^ to 1812 2d, Those who came in meroly from speculation, or flod from the laws of the United States which they had offended. The former class, though not numerous, contains the most valuable, and those of them who were born since 1783, may be naturalized at any lime under the provisions of the 13th Geo. II. cap. 7, which re- quires the performance of no dilficult or revolting con- ditions, but are infinitely more delicate and easy of performance, as has been already proved, than the conditions demanded of a British subject before he can be naturalized in the United States. The second class were numerous previous to the late war, and though neither class obtained, or < 66 ) could obtain, land from government, unless under fraudulent pretences, by which its vigilance might be deceived, yet by purchase from individuals, m;iny became permanent inhabitants. Of American citi- zens coming in and purcbfising lands, arwl settling upon them at their own peril, the local governmei.t could not take cognizance, unless on regular com- pJdiut, which was not likely to be made while they continued quiet and peaceable, and while the inter- course between the two nations continued friendly, as was the case during the administration of General Washington and President Adams; but when the hostile disposition of Mr. JeflR^rson's administration began to mainfest itself, the attention of the loyal in- habitants, ns well as of the colonial government, be- gan to be directed to the state of emigration from the United States. As matters between Great Bri- tain and the United States became more alarming, the question of admitting American citizens acquired greater importance; and although, on account of the smallness of their number, no serious apprehensions were entertained, yet agt-neral leeling ag«inst ad- mitting a greaU?" increase became to prevail. This feeling became more general v\hen it was found, after the declaration of war, that t!ie enemy expected to conquer the province by the assistance to be derived from the citizens of the United States, who had set. tleu among us. — » Raise not your hand against pss unclcr > iuight be lals, mnuy rican cili- (\ sett I Ins ►veriimeat iilnr com- ^bilf they the inters ' friendly, >f General when the nistratioa ? lojal in- iment. be- tion from 5reat Bri- ahirming, i acquired uiit of the eheiisions j»iiist ad- lil. This und, after pectetl to e deri\'ed • had set, I agaiiief ( 67 ) vyour brother," snid General Hull in his procjama' tion to t!ie iiihubitants of this country. '• Many cf " you:' fntliers fought lor the freedom and indepci - '•de:jLe we now enjoy; being children, therefore, • of thi' same family, and heirs to the same heritage, " the arrival of an army of friends must be hailed by t' you with a cordial welcome." Many o^'the second cmss of American emigrants, believing with General Hull that the conquest of the province was certain, threw oflTthe mask, and were so far from contributing to its delence, that they for sook their allegiance on the first favorable opportu- nity, and not only retn-ed into the territories of the enemy, but returned with his armies, and wrecked their ruthless vengeance ilpon the loyal inhabitants. Yet we are told by some that American emigrai»ts generally behaved as well, and even better, than the rest of the inhabitants. Is this assertion to pass un- contradicted in the face of the most notorious facts of the contrary ? That there were many among them who vied with their brethren m arms in gallantly de- fending the soil, is fully granted; but i,. p, ool that ma iiy openly displayed tiieir disaffection, can it be de- nied ihat a part ot the London district, where Ame- nca.i specjulators were most li jmerous, was for a time in actual revolt; and did not, in other parts, nmr.y o*" theiii tiiiow themscives under the ^prolcctioa oi the <* if =1 ^ ( 68 ; American generals to avoid serving in the militia ? And further, has it not been deemed the greatest be«i nefit accruing to this province from the war, that it has been purged from such dangerous characters.— The prevailing feeling of the settlei^fe in this province who had been avowed citizens of the United States, was not lojal during the late war; but as such disaf- fected persons, fortunately for us, almost all deserted or disappeared, it is but reasonable that those who remain should be marked with honour; and, as they united witU us in the day of danger, that they should become partakers with us in all our rights and privi- leges, so that heiicciorth the inhabitants of Upper- Canada may be entirely one people ; and never, as we have already remarked|*waB there so favorable a momeiii for doing this as the present. The late war has purified the colony of all violently .disaffected persons, and we may now, with little exception, con- fidently hope to unite the whole population by com- municating to all the same rights and privileges. Since the restoration of peace, the question of aliens ha . been frequently agitated, particularly in th-.^ other branch oi the legislature, and great anxie- ty has bee!i manifested for its final eetllement. In 1817 some steps were taken, and in 1823 resolutions weie brought up from the House of Assembly for the concurrence of your honourable House, so reasona- f ili 1 militia ? eatest be-j ar, that it racters. — I province ed States, uch disaf- ; deserted, bose who 3, as they ey should ind privi- i Upper- tiever, as I'orable a ! late war isaffected ion, con- by com- iges. lestion of mlarly in lat anxie- lent. In solutions \y for the reasona- C 69 ) ble in their nature, that nothing prevented their una- nimous adoption but the assurance given that the matter was under the consideration of the Imperial Government.* And now that His Majesty's pleasure Ims been communicated, it is certainly "the duty of the other two branches of the legislature to carry it into efTect. And it must be confessed that, in as far as your House is concerned, great exertions have been made to settle the question, and to tranquilize the pubUcmind for ever on the subject; and it must be regretted that a corresponding spirit has not ma- nifested itself in another place. • RESOLUTIONS OF THE HOUSE OF ASSSEMBLY. 1823. nESOtVnn, Thai hy the laws now In force in this province, all foreimi Protetitaiitsarpadniissiblp to become settlers therein, on conform- ins; to the provi»ion» contained iu the said Laws ; aud that on bavinar done so, many hold lands and enjoy all the privileges and imoiunities of natural born subjects within the province. IIESOLVED, That from ipnoranceofthe Law and unavoidable difficultien many inhabitants ot the province, othemise qualified have neijlect! ed or been unable lo qualify themselves .ccordiiij» to law, by which means they cannot leg^ally exercise and enjoy the rishtB of subject! within the same. ^ RESOLVED, That some Legrislaflve provision is absolutely necessary for quieting the miudsof all such persons and xecurinij to them the enjoymRui of their riijhts and properties, as His Majesty's subjects lESOLVED, That this Provisioo can only be made by the Imperial Par, liament . A true copy from the minutes, (Signed) G. POWELL, Clerk Jlssembly. •Nl ( 70 j 1'^!l The range of inquiry embraced by your commit- tee, though wide, will not be found more extensive than necessary to a clear elucidation of the subject, and to set at rest many misrepresentations which have been most industriously circulated through the pro- vince. It also enables your committee more com- pletely, and yet with brevity and fiirness, to expose the tendency of the extraordinary amendments on the bill whicli pissed your honourable House on the 2tilh iNovember last. This bill intended to confer the civil rights and privileges of British sul.>jects upon all citizens of the United States now resident in this province, and included the disbanded officers and soldiers of foreign corps, which were in the British service, with other strangers residing in tlie colony but not subjects of His M ijesty by birth or naturali. zation. U has indeed been said, that the bill was not sufficiei'tly explicit as respects civil rights, but as jt was the intention of your honourable House freelj to confer them, any amendment removing this obscu- rity would nave been readily concurl-ed in. instead ot this, the amendments sent up amount to a total re- jection of your bill, and to the adoption of principles altogether different, as will appear from the following briel analybie. V tion Pro» sons Unit* who Bubje ofnat :| « ( ^1 ) ir commit- ( extensive e subject, vhich have ;h the pro- more coin- , to expose Jments oq wise on the to coiit'er •jects upon Jent in this ►fficers and Lhe British the coloJiy, •r naturali. le bill was ;hts, but as ouse treeljr ihia obscu- 1. hisjtead a total re- f principles le following An^tndmnts sent vp ly the House . of Assembly. — *^«» — Wheheas h very hrtre por- tion of the inhi.biiHnit. of this Province, i« romposed of per sons wh>hnve come ftom the Unite»l States of America, an J who were either natural :.orn Bubjects themsolves.or clukhcn Of natural born British subjects, RKMARKS. Thrre has through the whole 'I'S'^ussioii been an evident nnx- 'ely to exaggerate the number >l the porsi.ns likely to be affec ted bv the question, and this is manifested in the part of the preamble now quoted, the words "a very large jrtion," implj 'vhat is exc'isdimly incorrect, for instead of »a very large p irtioa'* it ought to have been I small, or even very sm dl por- tion as will appear froai the /bllowing deductions. In the Eastern district there are scarcely any such persons. In the Ottawa District very few. In Bathurst district it is be. lieved none. In the Johnstown district not one-tenth, and these confined chiefly to the county of Leeds. In the Midland district scarce- ly any. In the Newrnstle distrJn a •onsiderable number, but few ompared to the rest of the po- pulation. *^ The Mme may be 99ii of the Home district. (72) REMiRKS. In the Niagara and Gore flis- mots rery few. In th.: London district a con siderabie n ruber. In the V^esU rn dist:ht scarce ly any. Thus, only four of the eleven districts, coutain any considera- ble portion of such persona, and aven that h small compared with the rest of the population. It is indeed iiu possible that the number nf such persona can be great for the question refers on- Ij to the Father or Stock, ond extends not ,to ihe children born intheProvince.whoare all sub- jects. There is another important and material objection to this pait of the preamble. It in> eludes all persons coming from j the United Stales of America ; thus confounding the U. £. and other Loyalists with such as came in of their own accord. The population of this Pro- vince may br iiivided into the following cl Is' U. I*. "<>jalJ>t8>n*^u*^>ig refugf (73) KS. and Gore dia ' rl.istricta ^;ou isiSizi scarce. p of the eleven nny considera- b persons, and lall compared be population. Bsible that the ersons can be lion refers on- Dr Stock, and s children born ho are all sub- her important jection to this imble. It in- s coming from of America ; theU. E. and with fuch as jwn accord. ID of this Pro- vided into the alists including REMARKS. — « — 2d. British Europeans. 3d. Persons from the United States who did not take up arms, but who gave undoubted proofs of their attachment to the King and the supreme Legislature. 4th. All persons born before 1783, who have come into the Province from the United States and who have taken the oath of allegiance to the said States or can give no proof of their loj- alty. 6th. All such persons born since 1783,who have come into the Province from the United States, whether they have or bave not taken the oath of alle- giHnce to those states. Clh. All Europeans not Bri- tish born. Of these six classes, which embrace all the inhabitants of this province, only three, viz : the fourth, fifth and sixth can be affected by this question. — Now it is evident, that by far the greater portion of these three classes can at any time, qualify themselves under the 15th Geo. 2. Cap. 7. leaving (74) Amendments sent up by the House of Aiseii„bly. which said persona haVe with the knowledge, Hpprobation gi- iitice to the United Statea, but who have since come mto this province ; and such foreigners nn are Roman CathoiicH. For these two descriptions ot per- soiLB, ani for these only, is an act of n.ituralization ubsoiutoly necessary. Th^se assertions have been proved to he totally unwarrant- ed by f;irls ; no document can be produced in their support, hut many to contradict them.^. It has, indeed, tieen full_y shewn that no encouragement or ia- iJuceuutnt, was ever held out by (ho Colonial gov. ni iient to persons from the Unittjd States, o her than Loyalists, to become settlers. There was indeed no power to prevent them from coming in durinij; peace, hut they •ame as fr- roigners and settled at their own peril. It has beon already shewn thiit no pledge was ever given ; but it ousht to be admitted that persons coming from the United States, have been indulged in all the privileges and rights of 1^' (75) KS. afi were born of 1703, and ith of ullfgi- J States, but :ome into this ich tiiTeigners :l)oli(;8. For tions ot jter- i only, is an m absolutely I have boeo y un warrant- iocument ran heir support, idiot them.-. 1 full^ shewn mcnt or in- : held out by r'l- ru iient to nitod States, s, to become u» indeed no them trora ace, but they ind settled at •ady shewn ever given ; dmitted that n the United indulged in ind rights of ^endmenti ient up by the House o/Jiiiacmbly. rights privileges and imm'initiei but also subject to all the duties, oblig^itions, and responsibilities of natural boro British subjects. REMARKS. -^- Britisth subjects ; and so far is it from beniji the wi'sh of His Majesty's G'lvi-rnm.int to cir- cumscribe this indulgence, that the moiu(?nt it is found to be con- trary to (aw, thj Kin<5 gracious- ly oif.rs to make thum legal ; and the grace apnears to have been virtually refused. So that in as far as the scniimants of the personn settled in the Pro- vince, included in the 4tb and fifth clashes, can be ascertained through their Representatives, they are disposed not only to continue aliens, but to assume a novel attitude in respect to the governtnunt und^r whose laws and protection they are liv* ing. Novv 't should be remember- efl, that possegsion by conni- vance or in iijl,r tnoe, cinuot iiake that legal tvbicb is i>ot so. When euch persons are said to he entitled, it inuKt be from soine logdl qualification, but we have already seen that there are only two British statutes thHt Inve ever been applied to tiie sultject. The lat, viz. 13th Geo. 2, i If i ;nl| fill *,.,.. (76) REMARKS. ~«- . ,, ii certainly available to all American proiealant citizens born»ince 1783, who hive come into the province and complied with itt provitions ; and if they have not complied, they may still do 80, and thus entitle them- selves to all the rights .nd pri- vileges of British subjects within the province ; but so long as they refuse to qualify, they are aliens ; and although neither the colonial government n<'r their neighbours have re»truiL>jd them in the exercise of the civil rights of subjects, every vote they give is illegal. The conditions re- quired are, however, su delicate and easy, uat tu stand out (evin- ces a non-conforming d'sposition to law and authority. The 2d British. statute. 30th Geo. III. cap. 27, must be con- sidered in connexion with the forinrtr, a J in that, view, it con- fers a bepefit on those subjects fif the United States who came into the province, an J complied with its provisions ; but, iike the 13th Geo. II. c p. 7, it proceeds upon the principle that the per- sons to whom it I "Applicable are aliens, and to noui. cine can it re- fer. To iiuch it allows a certain amount of good,? to come in du- iw^ C 7-/) KS. llLMARKtJ. r available to slant citizens ho hive come and complied ; and if they d, they may I entitle them- igbts nd pri- ibjecta within It (0 long as lify, they are ;h neither the nt nrv their ptruiLud them ae civil rights ^ote they giv onditions i-e- sr, so delicate and out Rvin- ng d'Bposition y- statute, 30th must be cot. ion vtiih the view, it con- those Rubjerts es w'io carne aoJ cuiuplied ; but, like tlic 7, it proceeds that the per- ippiicable are ahe can it re- ons a certain ) come in du- — ®— ty free, nnd from ciiUing t! oru eetilers, and preventing them fro!!>!>(-lliL)g their negroes, house- hold furniture, and utensils of husiiiindry, during the space of one year. It aduiits them tobc- jrne planters or settlers, from tvliich it is no constrained infer- ence that they mif{ht become possessors of landed property, after tnking the oath of jtllegl- ance ; hut to assert that this law confers al! the advantages of na- turalization is to delude. Had it conferred the privileges of British hulijects, it would have clearly exp: -^fsed them , but it evidently leaves the la'v on these paiticulnrs as it stood upon the former unn pe;ilcd statute of the 13th Geo. II. That no such persons can be naturalized under *he provincial statutes, appears manifeM fr^^m the remarks made up( them in another par; of this ^epo^^.— - They are all o! a digqualif-tiug nature ; their provisions are all negiitive, andconlcr nejilier right nor privilege. Only one oft hem now remains in force, (the 68th Geo. 3, cap. 9 ) in at far, therefore, as the provincial sta- tutes are conct'infc.l, no relief whatever is afforded to Ameri- (78 ) 'I 1 .imenilrnenti sent up by tht Houie of Aitembl^. and have manifestArl most loyal attachment to Hi* Mujest^'s go- Terument ; " And whereas doubts have lately been expresced, whether they are entitled to the rights and privileges of British sub- jects, whereby grpaf uneasiness is likely to be excited in the minds of the people of this pro- vince, and the honor and ^ood faith of His Majesty's gov(;rn- mcnt are liable to be iuipeachoil, REMARKS cnn citizens resident in this pro- vince. The attarhment of American citizens who have come into the colony, to His M.ijesty'sgovein- mcnt, ha« been already noticed, and its cxistenco forms the only cinim that can be allowed for admitting them to the rights and privileges of British subjects. On Huch His Majesty's govern- ment have sufficiently manifest- ed their desire to confer these benefits. But this bill goes much further, and renders them citi- zens of the United States, and subjects of His Mi jeaty, at th« same time. Loy«l attachment, however, is not a vapour : to be of any use, it must be an un- divided principle ol action. Fn«tead of being matter of doubt, it is matter ot tact, that American citizens coming into this province are aliens ; and finding it to be so, His Majesty wishes to relieve them by the moHt efteciual remedy. But an obstacle has bten nnexpr ctedlj' I'laroH between them and the royiil grace, and therefore what- (79) KS tt in this pro- of American oine into the sty's govein- judy noticed, rnnH the only allowed for le rights and ah subjects. :y'8 govern- lly nianifesl- confor these II goes much rs them citi- Stiites, and ♦'Sly, at th« attachment, vapour : to St be an un- action. ; matter of it' fact, that coming into riliens ; and His Majesty hem by the ly. But an tit'Spfctedlj' m and the •efore what- jf m which the government and jud ' gea of Great Britain, and the go- vernment and juuges of ttie Un- ited States, have decided not to be law, and which this House of Assembly decided ia 1823, not to be law. Hence it appears to your com- mittee impossible that your ho- nourable House can for a mo- ment entertain this clause, which virtually planes traitors to the king's government, the destioy- ers of our parents and friends during the American revolution, upon an equal footing with our- selves Treason and loyalty are here confounded, and no dis- tinction whatever is made be tween those who in the last war invfded the province, and those by whom it was defended. By tliia law the whole population of ^be Unitftd States are made Bri- tish subjects on coming into this province, and that without any qualification or restraint. 'ir- KS. at to be law> ment and jud • n,and thego- ;e8 of the Un- ecided not to this HouBc of in 1823, not s to yoar coin- that your ho- an for a ino- clausc, which aitors to the , the destioy- 8 and friends ID revolution, Ing with our- and loyalty id, and nodis- is made be* n the last war ce, and those jfended. By population of ire made Bri- ning into this without any trnint. M ( 81 ) The messages of His Excellency the Lieutenant Governor included Uiidertheappelation of aliens,not O'.Ay persons coming from the U. States, but foreigners from Europe, and those who had served during the war, and desired them all to be placed on the same footing, But the Commons' Flouse of Assembly se- parate those persons coming from the Unjted States Irom other descriptions of aliens ; and although, for the most obvious reasons, the Ibrmer have much less cliim to the consideration of government than other forei't'tiers, it seeks to prefer them. Either the citi- zens of the United States are aliens, and must remain so until regularly naturalized, or they are not. If not foreigners to us, neither can we be foreigners to them ; and therefore we have an equal right to go into their country, and exercise all the rights and en- joy all the privileges of natural born subjects, but this they will not admit. We must go through a te« dious and mortifying process before we are allowed, any privileges in the United States; and are they to enjoy here what they deny us in their country ? is there to Ic no reciprocity .'' Are we to give every thing, and they nothing ? The second bill, which naturalizes all whochnse to come Hito the province, without regard to nation or character, would not deserve the coubideration of &i- ( «2) your honourable House, were not the spirit of the en- actment totally inconsistent with British feeling and British law. PREAMBLE OF THE BILL. _ -^ — -iit— .*' Whereas there ;ire in this Province a nurnber ol' persoiisi not born in tli3 Majesty's doini- nions iinJ wlio iiave not strictly complieci «ith the provisions of various British 'r may tiil;e the oalh of alKgi- ] auce to I lis Majesty which the | I'ommisj^ioi.crs (or iulministering tlie s.iiiip, nro oby required, upon pn,\ment oi one shilling, to admini>ler to ntnj person ofler- Jns and de.«iring to take the .same, shall be entitled to all (he riiihts ■Mid pri\;ie,c;<..s of natural born This Preamble does not de- sii^nate the Strangers in the same »'ay that t!ie messages of Mis Excellency the Lieutenant Go- vernor doscrbes them. Many of ihem had served in the army and navy, and, having exposed their lives in our defence, have a right even in England, on tak- ing the oath of idlegiance, to all (he rights and privileges of Bri- li.-h .subjects, with (ho exception of .sitting in Pailiamont or being a memb.-r of tlie Pi'ivy conned, or receiving granta ol'ljand fioni the Crown, which exceptions it is (ho wish of His Majesty's Go- vernment to abrogatj within this province. In the opinion of your com- mitfee this law is so indelinilolv U'ordod, tliat under it all (h"^ World may become Brifiish sub- jects by coming into this pro- ^il)ce — Even after the Roman Emperors had given the free- dom of Ro.ne to cities and whole provinces, it cost a large sum for any other person to become a Roman citizen, and those who »vero D'OR horn wei'c slill con- ,83) it of the cn- feeliiJii" and KS. does not do- rs ill the Biiino sages of Mis eutonant Go- llierii. Blaiiy i in the army viiig exposed efeacc, have 'ilni(\ on tak- i^iance, lo all iloges of rSri- Ihe exception lent or beiua; I'ivy counci!, oi'ijand iioin e\i;epliijns if lajesiy'd Go- ■jg'iiii within f your coiii- j itidcllnilclc 1- it :ill til"- Biilish iuib- fo this pro- thc lloinari ri the free- ?s and u hole 1 liii'ge siim 1 to become d those uiio ,••0 Rlill cor- ENACTMCNT. riiitish sul»ject!5, and fiuhject to ,dl the (hiiics, obhgations, and rusponsibilities of the same, and that they shall be considered to 1>j, a.id that they and all per- sons (h'ceased who were bona file resident in this province before, and at the tine of (hoir decease, shall be consider- ed to have been, to all intents, purposes and constructions, na- tural born British subjects — subject neverthiless to ths qua- lifications now imposed by the laws of this province with res- pect to the rights of votin5; and of being elricted to the House of Assembly." REMARKS. -:pji- sidercd superior to such a? had pui-cliaiud froeilom -but tins law values the rights and privi- legp.^ of a British subject at one ■shilling only- It confiius not its'lfto the descriptions of emi. grants pointed at, but opens the door for the worthies-' of all na. tions. it requires not any cha. racter — it allows of no dolay, and so carelessly is it expressed, that the refuse of all the world may boldly come into this pro vince (were it passed into a law) and claim the rights and privi- leges of British subjects. All other nations, even the United States, demand of -.11 strangers many years trial before admit- ting them to the rights and pri- ▼ileges of nativet — but this bill r^^quires no S3curity from emi- grants. It admits all chiracter, and li itions vTithout distinction, \m >r!can citizens, Duies, Ger- mans, Spaniards. Russians, Turks, kc. &c. &c. The comniLir-o v,o;ild now gladlv close their re- port, but the ttMidcMK'y of th'jse amend oients is so fo- reign to the sentiinents and feelings of British sub, jects, that they cannot forbear from calling the atten- tion of the Home more pirticuhrlv to their co'ise- (juences. By classing the defenders of the unity of %.. ( 84 ) the British empire with those who sought its division and destruction, these amondmonts attempt to sap the foundations of society, and to consider the dutj of allegiance as a relict of ty rannj. That allegiance which is foundod upon the analogy of nature, and is essential to the harmony of the world. The duties of a good subject to his country, are similar to tiiose of a son to his fathei ,• for what does the word count- ry co'uprehend? bui all those characters which spring from the do.nostic relations of parents, children, kin- dred, and friends. VVlicn a son has attained to man- hood, and the father's care is no longer necessary to wjpport and guard him from evil, he is at liberty to quit I'ue paternal roof, to become, if he chuses, the in- male of another family, to form coimexions with it essential to his happiness, and to t.^ke upon himself obligations of respect, afToction and tenderness, as the adopted son of other parents. But is nature's first bond utterly severed ? Can he return at the bid. ding of his new friends, to ravage and destroy the house of his rhildhood, and pollute it with the blood of those from whotn he had received life.^ And yet, this is the doctrine of the amendments ! The peace and independence of every state, and of none more than tlii colony, demand that our inha- bitants should not be bound by a doubtful allegiance, but be really and truly British subjects; but if the its division apt to sap T the dutj allegiance Uire, and is riio duties ar to lliosr ord count- lich spring Idren, kill- ed to mau- cessarj to liberlj to >es, the in- ns with it >n himself erness, as s nature's it the bid< Estroy the the blood And yet, state, and our inha. llegiance, Jut if the .(*'8a ) citizens of the United States have the same rights and privileges that we have, and can come into the province when they please, to claim and exercise them, what is this but to place us under the control and dominion of a foreign power? and thus surren- der the most valuable section of the province of Que- bec, a province which Ins ever been considered one of the most brilliant ornaments of the British crown, and is associated in our minds with some of the most splendid events which emblazon the pages of our history. Recent achievements still more splen- did, have indeed obscured the glory of the conquest of Quebec, but it was once the theme of the orator's eloquence and the statesman's pride, inspiring the soldier with valour and the civilian with patriotism ; and we may be still allowed to read in the possession of the Canadas, the fruit of those mighty councils by which Chatham elevated the character of our coun- try, and spread her glory through the world. To see the promiscuous admission of all foreign, ers into the province, and the declaration that Ame- rican citizens coming in to reside, are all British sub- jects on taking the > Uh of aUcgiiiiice, not merely ar, gued, but actuallv lonnf J into enactments, and sent up for the conci rrencc of your honourable House, places the question respecting aliens in such extra- ordinary circamstanccs, that your committee feej m ^i'-iar II 'iff I' "(• great diilitlence iu rccommeiiding any course of pro- ceeding. Had it been a matter of local concern or of ordinary public interest, it might liave been consi. dered most judicious to drop the subject for the pre- sent, in the hope that next session matters would come round ; but the interest of too many respecta- ble persons are in hazard; and, therefore, it becomes an imperative duty on the part of the Legislative council,to use all the lawful means in their power to relieve from the disabilities under which they labour the different descriptions of persons mentioned in the two messages. What course is most likely to produce this much to be desired result, your committee are not able with confidence, to determine. They, nevertheless, beg leave to submit to the consideration of your honour- able House the following resolutions, as leading to a reasonable course of proceeding. Resolved, That the Legislative council, by their bill passed on the 28th day of November last, and sent down for the concurrence of the House of Assem- bly, evinced their intention to confer, without reserve, the rights, privileges, and immunities of British sub jects upon all persons, now resident in this province, who have been formerly citizens of the United Slates^ and have never been natitralized by any act of the rse of pvo- 2oiirern or teen coiisi. Dr the pre- crs would r respec.ta- t becomes Legislative r power tc» ley labour )ned in the this much t able with leless, beg ur honoui- ading to a il, by their • last, and ; of Assem- ut reserve, ritish sub- province, ted States act of the (I? ; British pnrliaiiieiit, and likewise upon persons wjio have come from other foreign countries, and upon the reduced officers and discharged soldiers of foreign corps late in flis Majesty's service. PiiisoLVED, Tha^ the bill was intended by this House to carry into complete etrect the gracious in- tentions of His Majesty, as communicated to this House by His Excellency the Lieutenant Governor JU his messages of the 15lh and 22d of JNovember and if p,nssed into a law, would have completely se- cured (hose diflercnt descriptions of persons in all he rights, privileges and immunities of British sub- jects, and for ever prevented them from being expos- ed to the inconvenience of having them called in question. Resolved, That the amendments sent up by the Commons' House of Assembly (o the said bill, are, in the opinion of this House, at variance with (he law. and established policy of Great Britain, as well as of the Lnited States; and therefore if passed i:,oalaw by this legislature-, would afiford no relief to mnnv of those persons wlio were born in the United S(aK- .. and who have come into and settled in this province Resolved, That (his House, still anxious to car- ry into eirect the messages of His Excellency of the l^thand 22(! of November, is wiUiii- to cnneiir uilh (88^ the Commons' House of Assembly in such enactments as may accomplish that desirable object. Resolved, That a message bo sent to the Cora moiis' House of Assembly, requesting a conference on the subject matter of the amendments made to the bill which was sent down from this House, entitled *' an act to confirm and quiet in the possession of their *' estates, and to admit to the civil rights of subjects " certain classes of persons therein mentioned." And also upon the subject matter of the bill sent up from the Cotn;no is' Houso of Assembly, entitled, ''an act to '' secure to certain in!iabitants of this province rights '' and privileges as British subjects."* — _ p,„ ^p„, jov»n by the LeKiBlativc council to the House of As- .Pmhtv havintr hePn re.urnoH uiih aoiPudmeuts. a tree conference was re- Sed and the fo)1o«u,^ instruc.ious «er.- prepared for the guidance ot .he committee appointed for that purpose, viz :— that, The Confereeo be iiiHtrucied to propose the foUowinpr amendn)entii to , .,.„ .T i,„ ihi< h.iase. vi/. .- To introduce before the «ord " iiatu- '^' "i M„ the p^i-Ultt eTo "" reeul to expna,re the .ord« " .o t::'tAV^''^^>^^^^-'^^^'^-" -'^-'"- " having uevcrbecu rcgu larly naturalzed." Should tUn-^e amendments not meet the wishes of the conferee, horn ,he Hou'e of AsL.«hIy , that a joint address to the Kin,^ be proposed, tounded upon the followinu' Resoluiions tlFSOLVPn That ,bis honse received wilh ercat satisfaction the a«s..rnn- '^ c^' conveved iu Hi« lix.ellency tl,e Lieutenant Governo.n ..,-• - ™oft u- I5tb a.,d -itJd. of >ov..n.ber last, .hut .n the oplMo. a hTh Mui'» y'^eovemmcnt, it i« advisable by leg-slative enactden U, ronfer !.>• cfvil rights and privileces of Briti^h subjects ujm. all ne^rrnovv re.ide.ft in the province, who have been formerly of- ™t the United S.a.e., and have never been natnral.zed by a.,y al.o the British l'ania...ent, and likewise upon perso..« «h., have i^'.' u. o.her .orei«n counfies, and .,,on -duce ott-cers a.,d .iu.hnr.TPd soldiers of foreign corps 'ate in Hih '>iajefcty s ►ei- '!ce and that His E.cellen^y bad received His MajcB.y'« expru.s sanction to assent to tUe same. (89 ictments le Com ifereiice le to the entitled 1 of their suhjects d." And up from m act to 30 rights tloiiiup of As- lice was re- dauce of ihe lenditieiiln any ;iii» who have d olticers and iajesly's *ei- ihiy'n expro«9 n ESOLV IS D, Thai this llonsie would have mo«t cheerfuly concurred tu such euacueu.. a» would have «ive.. etteet .o Hm Mujenty « Kta- ciou. Inteutioim, l.ui a. douht.l.ave ar.neu whether -jve c""';'. <-"''- bisteuily with the provl-ious of the statute by whidi ihe Legi.Uura of ihiH oroviuce is created, couter the nijhti. and priv.leBeH ol ua- rlral born -ul.ject,. up.... a'uy who m,..y uot he .u.Ulod to theu., tt , 8c-en.8 luore expcdict to peiii.ou H.b Majesty lu Harl.auieut. nr^ntVFU Th it this house present an humble address to His Maji-sly, suoplioaliug His Vlaiesiy's most jriaci^us rerou.meudat.on to Hi« IMIiameat I., coufer up.... all perso..« now rpside..t in this province, all those ri(rhi*audpr.v.leKCs which His Majesty a natural bora aul.iects e..i^iy in .his colony, with such l.mi.a.ioi.s only as have been heretofore imposed by the Provi-.cial enact mtnls ; and to iMss such a law for the ..aturalizaiion of all Foreignera who may hereafter come .mo the p.ovince, asshall in the wisdoni ot Far- liauient, be best adapted to our ,;ircun.stances and situations, and ihit His Maiesiy would «" "'« '«"*"" ''"•'*' ''*' siraciously plea^ed lo iiarease the emiK.atiou from the Untied Kingdom, which has beeu HO nappily begun. TilE COMVIIPTEE OF CONFERENCE REPORTED. Tu*Taf!er much discussion and ao unsuccessful attempt ou the part (• .hP Loiifereosof the Leirislalive council, to indu.e the coufereesot the Hols of r^'em" y t , concur in certain proposed .i.odifiratio.s of the first ",XsadbUHr K'uu Geoi-ge 3d. ai. 1 to the supremacy of the Impel lal Par- liameat Uuriug; the American revolution. J ,'-^!.^5^^*« ( ao J to arimii inioHiH Province oC Quo ,ec n i ""*,^''"-'"'"^" <'^"crnl, Kebdlicu adhered ,o .he S ^r who ^^r "^T"'*. '^"'"'^ ^'^" .heir l„,u..y. «..•« kindl, 2i',ed ^ c! ir^.^ei^e^" ir"';."' iu.o ,he province o'f U^rbec eifh ^C r '" ''""'^S'-'-. «" com. veruBieuls. * "'° *'0''""al or Imperial go- tlis" i»t..1fi of KoeceUiu^ lo this day. ' "'^ '""* *'*'"' •" "" 10th. i?ew,;ni...Tha» uofwiihsianriinp the viffilence of .hn i. ■ • . "w.WMr,, many persons contrived to^Lin^- ''"-ovincal tro- Sovernmen., were ra.her hostile or lota J indifie^. . ' ' 'f''' I'"' Srovernmeni they lived under, p.ovided it iLited !»• "' '° "*'" e«t., and who do.er.ed to .b^ 'ct.en.y dul-i.^^'lbJ .I'^Sr"""' """- "''•''TL;;Vpt?.o";er^^ rorple,.he alien ,„e.io... cau -never appU to the caT^ o? P '^^ ^r'"'' ^""^''' "hicli u. Ti. , Forc,(r„e„ f,o,„ other nations. lauRuajfe and have the same feat "," '""' '""""'"■'"' "P*'"'^ "he same disprove • '*"" "^'""""*' «''e .ime, to suspect, or means to ...e B^cS;dSr:ni;f ;::;;.[^ Boards employed in admitting settlers in acquaintances int'olbc pr.nlLr"'' I'IT'I'i?- YT •''^''' '"''''"''s. connexions and H.viie thetn, «ri„co„nlv,. ., il.nV arri a t '' '""^ •'"'!""'' P'"''"'''.V tr. &c. a sort or strea,,, of cwni-ri.lion f mm .i T'^ ^f " '"^'""g'l'eir friends .-•orumencementcf tli.- lu ,' ^ , ^""" "'*= ^'"""' ^""'s continued to .l,e 5th tiur enter the Prov colony c( 12th. Ite i;Ub. !tei . 14th. Rr. ISih. Bei 10th. ties II ITili.TJ'- %■■{ \4 (91 ) byHia luto.Vs- who, during; ih|. ions, wrre from ifiiiorn (.tiieral, MKOlls lioiii the t tlicrevuliitioii- e Inhabilnii nf !uly (luring lie J give proor> ol reived into ilic uefils bestowed I" givt r hclil hud uu.tic lli"ir St.llPU, to COIIU or Inipcriul po- wer nnd Upper lo^al subjects lias tiver bd'o Provincial jjo- inlo the Colo. by the Royal i'ish laws and "• ah to what presunt iiiter- 'ar. ilion r/nestion, Statest, which )!licr natioufr. e a few j'cars leak the same ly, which the I or nieaoB to ngf settlers in inexions and privately tf> heir friends nued to the M Sth The temptation of fertility of Mil, eauinc nf wiilement, and room tor eoterpriae, induced many adventnrera to come i 'm the United States into the Province and purchane real enlaie, which from (lie (i;reat extent of liic colony roiild be do/ie without the knowledge of the local ({oveninieut. l'2lh. /{e«o^ii of the clainiH of iiuraor" vi. duaU, whi ;h diiiiiir a period ot [)> u:e and tranquility apj) illo- gether inexiiedient. j;>th. it<;j(oft to HI »iiife«t itself previous to the lal. war, the attention of tim loyal lii ibiiants, was directed to the stale of emijfraiion from the United Suieg, ami a general desir- of greaier strictness iu admitting settlers from that country began to be entertained. 14th. KMofrcrf— That tl great number of persons, who had comeintothc Province from I ■ United States, and who declared for the enemy alier the commenctmeiit of hostilities, caused nincli alarm to the loyal luhabitanls, and produced a general desire among His Majes. ty's loval subjects, to put a stop alter the War to futuie emigration from that quarter unless under the provisions of a naturalization law, iviap.ed !i) the circumstances and situation of the province, and ap- j)licable (c the tilizeus of thu United Stales in cuiumoii witij other foreigners. I5lh. ile.foZt/ei'f— That while this Ho. "se is anxious that Ilis Majesty's govern- nipri! would continur* to euci la^e emigration Irom the UoiTed em- pire to this Province, >s in eveiy way more beneficial, it has much satistacliou in bearing testimony to the loyal conduct of those set- tiers from the United Stales, who remained during the late war, and bravely assisted iu ibe (' once of the Profincr and would rejoice in their admission, with, a reserve, to ail the ri^jhts privileges and immunities of British subjects. Itilh. Resolved, That this Itouse was highly gratified with the assurances con- veyed in His Excellency the Lieut -nant Governor's Messages of the 15th and 2?d. of November last, that iu the opinion of His Majes- ^ ty's Government it is advisable to confer by Legislative enactments the civil rights and privileges of British subjects upon such citizens of the United Stales and other foiTigners, as are in truth Aliens, al- though they may have hitherto enjoyed without question, the rights of subjecis. 17lh. rPsotrcd^Tnat in consequence of these assurances and His Fxcellency „l^^"'0 ,!'.""? ^^^•'J:""'" ^ recommendation, this House passed a bill on the 2aih day of November last, and sent the same down for the concurrence of the House of Assembly, which was clearly intended to confer, without reserve or any reservations except those contained in the Provincial statutes, the rights privileges and immunities ot Btitish subjects, upon all persons now 'esident in the piovin<;c, who have been ormrrly citizens of the United States, and have never been naturalized by wy act of the British Parliaraem, and l.kcwi-e %. ■^ir--';i(»r'».n. IMAGE EVALUATION TEST TARGET (MT-S) ??• // // '% .^*. .♦* ^ ^ ^ %.#. ^ 4^ ^ 1.0 1.1 £ Its 12.0 11:25 im 1.4 m 1.6 ^ ^> W ^Sciences Corporation 23 WEST MAIN STUET WEBSTER, N.Y. 14SM (716)872-4503 (92) u|iOU (lersoiM who have come from other forei^'n connlriet, and upoA reduced ortiier>»,4BUaiiM;hargrc«: noldjcm ul lorciifn Corp* |a»e m hi» Mdjual^'Miicrvi'.'e. I'Jlh. Keiolrad^Thtt the amendmenlH adopted by the house of Aswmbly amount to a virtual rejectio:. of the said bill, and are in opposiiioa to IlielawH aud estabislied policy of Groat Britain and the United State*, and iherctore if passed into h statute by thia legislature wotrfd afford 110 rehet to iumu.v of ilioxe person* who were born in the United Stales aud are now settled iu aud have deserved wellof thIsPiovince. I9lh. /fwo/rerf— That as these atncndmeuts are at variance both with law and fact aud iuvuusisteut with the safely and welfhre of the province ; and as there seems to be no prospect that the two branches of the legislature will agrree in any proper method of oarryiny His Majes. ty's irracious intentions, respecting: Aliens residing in this Province, into effect, it appears expedient to appeal without delay to the iot- perial Govcrnmeut to remedy the evils resultinir from the course adopted by the House .f Assembly by which they have placed them* selves between the Royal grace and a respectable portion of the In. habitants of this colony. 20th. /Jofo/ved— That this hous* present an bumble address to Hts Majesty supplicating His Majesty's Most grucioim recommendation to His parliament to confer upon such American citizens aud other Foreixu- ers now resident in this Province as are not subjects, all the riuhts and privilei^es uf natives; and to pass such a law for the naturaliza- tion u^cID» #