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" Qiiaitquam animus meminisse horret, luctoque refiigit ; Incipiam," SECOND EDITION. \ ■ X, I* 1 LONDON :\ JOHN MURRAY, ALBEMARLE STREET. MOOOCXSXlX. i • ■■-■ ■ ■ ■ ' /■■, ;; ■ - ' /' ■. " /■ ■ . ' J f-i F5074 ^1981 V LONDON I Printed by WiLMAu Clowbs and Suns, Stamrord Street. ' \ • » . • ' *■■■ i - : ^ • 1 / • / C-;./ ■ « r / ■ r * * .w.. .■ f » ^ *■ . .*;...!;','. . : : :•■ - ' E^Jifii. , dinaitejtii -lvti^ia,;jff«.^t; ■ V ^ ■V. >- "*' « PREFACE. As I liave reason to believe that the most import- ant of my despatches from Upper Canada were, con- trary to usual custom, submitted for the decision of the Cabinet, I am perfectly sensible that the publica- tion of this volume must draw upon me the whole force of the Government. The despatches it contains were almost, without exception, written either during the day, while I was constantly interruj^ed, or late at night, whea I was tired. Several were actually despatched in the rough draught, and such was the pressure of public business, thai I had seldom time to revise them. The general plan of my communications to the Co- lonial Office was unequivocally to explain the expected result of my proposed measures, which, haying been long ago curried into effect, must now be tested by the triple ordeal of the future, present, and past; and, as it has so happened that this volume has been published with extraordinary celerity (it has been printed in a week), I think it cannot be denied that. t IV PREFACE. —as I have no political connexion with any party, as I do not address myself to any party, and as ' there does not exist in either House of Parliament a single member who can stand up and say that, directly or indirectly, I have in anyway solicited his assistance on this or on any subject,— I can have but little to support me in an unequal contest but the justness of my cause. j I have neither explanations nor professions to offer. Why do I publish these despatches ? am I actuated by public principle or private feeling? \rhatdo I expect to gain b^ the course I ain adopting? Will . it be of any service to the country in general, or to our North American colonies in particular ? To all of the above ^question(||pne answer will suffice. Ref^er, peruse the volume, and then judge for yourself: Its copyright I have presented to my worthy publisher; and having now, as I have long wished to do, submitted to the counti7 the result of my experience in the administration of the govern- ment of Upper Canada, \ abandon it to find its own level among the mass of Rejlorts and\Docu. nients which are already struggling to obtain the consideration of the public. \ 1 1'" > • ' 1 \- 1 """■ ' ' ~'T'.. "T" > J ., 1 1 .— . .. , , M ■ ' V"'- ^ .-. \-.. " ■ -: .■ \c \. 1 / '*ili CONTENTS. CHAPTER I. ^ Paqb Prelimmary History— The Elevation of Mr. M'Kenzie, and the recall, by the Colonial Office, of His Excellency Major- General Sir John Colborne . . . . . . . l CHAPTER II. i The History of my Appointment to the Government of Upper . Canada . . .' . . . 23 CHAPTER IIL My Arrival at Toronto— Strange impression chiCfning me — The conduct of the Loyalists— and of tHe Republicans— ^r fwtm IV/fr .TnaPnVi TTiimo ti\\Mr XttV^r,..:^ Copy of Let^ feom Mr. Joseph Hume to^^r. M'Kenzie, found among iVfohs. Papineau's baggage cation to his Majesty's Government -My communi- 32 CHAPTER IV. The Republicans are mortified — My Opinions and Policy expressed to the Colonial Office— Am called upon to in- crease the Executive Council— Ominous circumstances attending these Appointments— The Republicans prepare . to advance 5q ' CHAPTER V. The Prerogative of" the Crown asLailed % the Executive m "'-n VI (ONTKNT8. Council-Thc House of Assembly furiously join in the attack-Remonstrance useless-They stop the Supplies- -Insult rke in a Petition to the King, and to the House of Commons-I appeal to his Majesty's Government for sup- port-Solemnly warn the Government of their policy- Withhold assent to Money-Bills-Decline to grant the Contingencies, and dissolve th^ Assembly-Explain to his Majesty's Government why r cannot agree with the Com- missioners of Inquiry, and Render my Resignation-Result of the Elections-Dr. Du;icombe and Mr. Hume declare to Lord Melbourne that^ have fabricated votes-Earnest Recommendation to his Majesty's Government not to sur- render the casual and territorial Reveniies of the Grown . CHAPTER VI. Return to Toronto, aft«r a two months' Inspectional Tour of the Provinces-Submit to his Majesty's Government a Memorandum on the Political State of the Canadas-Also a Memorandum- on the Indian Tribes-Remonstrate with the Government-Adhere to the opinion that the CasW and Temtorial Revenues should not be surrendered- Reply to Mr. Ex-Speaker Bidwell's Accusation-Loyal Address from the Speaker of the new House of Assembly on granting the Supplies Paok 64 119 CHAPTER Vn. History of the Downfall of His Excellency Lieutenant- General Archibald Camphell, Bart., Lieutenant-Governor of New Brunswick-Its politifcal Effect upon me-Receive Intelhgence that His Majesty's Gpvernment had assented to the Road Bills^tf'the Old Assembly, which I had re- serve*^ Earnestly remonstrate against Concessions to Democracy-Gratifying result of the Metropolitan Elec- tions-Commuted Pensioners— Suspension of Cash Pay- ments throughcjpt the United States-The Legislature is CONTENTS, VU ly convened— Despatch to tlie ColonjaV Office, cxplnining the Insecurity to Property of Repubhcnn Institutions — Violent Struggle in the. 'House of Assembly 153 CHAPTER VIII. The Colonial Office agtdn legislate on ex-parte stntehtt^ts — / Second Memorandum on the Political State of thof Canadas — Curious Questions respecting Fugitive Slaves— Thij;d Memorandum bn the Political State of the Canadas— Em- barrassment ^oduced by the Colonial Office showing their Despatches to the Lieutenant-Governor (before he has received them) to a complaining Colonist 187 i CHAPTER IX. Three ultimate causes of my Resignation — 1. Dismis^l of Judge Ridout— Order from His Majesty's Government for his Restoration— 2. Appointments of Attorney and Solicitor- General, arrested by His Majesty's Government— r3. Rea- eipus for not elevating Ex-Speaker Bidwell to the Bench — His Majesty's Government communicate their desires for his EleVatioHT— My reftisal to obey their orders — The Re- publica^^||j||rty unmask themselves and attack Toronto — Despatcwtb His Majesty's Government^ — Important Moral in it suppressed .^ 218 \ * CHAPTER X. Order back the ft^ilitia — Addtess the Governor of the State of New York— H. S. Fox, Esq., Her Majesty's Minister at Wa8hington--De8patch to HefT^ajesty's Gpvernment— . Am^flcan Pirates forced to abandoii Navy Island^Receiye Despatch accepting my Resignation— Important Reply thereto— Allegations against one of Her Majesty's Under- Secretaries ' of State for the Golbnies— NatureVof , Evi-- 'dence . . . , . ^ . . . I . . ■ . . v . .344 J y.. i y VIII CUNTENTS. irf/ Paob .X ■ CHAPTER XI. Captain Drew, R. N. ^Description of the capture of the Caroline— The Province again attacked— Fa^ewbll Speech to the Legislature— Despatch to. Mr. Fox^Fresh^nvasion ' —Support of the Legislatures of Nova Scotia and New Brunswick— Address to me from the Speaker of the House •of Assembly^Gallant cenducttof Captain Brown, of her MajestyJs Thirty-second Regiment-Confession of the * American General Sutherl^-C6iicluding Despatch to her Majesty's Secretary of State for the Colonies . .377 CHAPTER XIL * Arrival ip London— Ipterview^with the Secretary of State— ' . Letter to Lofd Melbourne ." ." . v. . 418 CHAPTER XHL A few Observations on three or four ParagrapW in the Re- port on the AflFairs of British North Amerjca frqra the Earl of Durham, tfer Majesty's High Commissioner, &c. *'^-*^- • .\ .'. .442 ( J N ^ -r^l CHAPTER I. Prelimiiuiry '. listory— The Eletation of Mr M^eruie, and the recall, by f ^e X^«lonial Offloei^ His Excellency MAJor General Sir Jq}u) C ilborne. Mr. M'KInzie, who has caused the effusiori of so much British blood and moneyi was, it IsBCTieved, an insigniflcant pedlar-lad, who, about eighteen years ago, having trartfeferred himself to Amerfca, under disreputable circumstances, succeeded "in" becom- ing the shop or errand-boy of a notorioui^ republicap at Toronto. n , After living for some years in this description of society, he gradually bi-pugUt himself iptohotice by the extraordinary talent he display^ in-Inventing / gross falsehoods, and, as his radical associates acutely perceived that such poisonous n^isrepresentations flowing through the province would by degrees sicken the loyalty of those who, secluded in the back- woods, were completely dependent -for political in- formation f)n the local press, he was strongly encou- raged to throw aside his shopman's apron, and to set up a new8pa]>er: With)this detestable object in view, Mr, M'^enzie's exertions forj many years wei;ea:ediy ^almost super- human. Evjery hardshipj i^e&er of wood, wind, or ,.," B ..A: \ W'eather, which the settler encounteped in his lonely residence in the forest, was, by some falsehood or other, ingeniously shown to proceed indirectly from Downing-street, or directly from the Government House,' or Legislative Council, at Toronto. Every magistrate, militia officer, postmaster, or school- master, who in any way misbehaved himself, either in public or private, was declared to be an especial favourite of the Government ; artful comparisons were constantly unfairly made between the condition of the old, densely-peopled districts of the United States and the young settlements of Upper Canada, the difference being of course attributed ta the withering influence of monarchical institutions. After these mischievous misrepresentations (which lowered, if it were possible, Mr. M'Kenzife i»the esti- mation of every honest, intelligent man) had suffi- ciently shaken the loyalty of those who, secluded in moral darkness, had unfortunately listened to his tales, he considered that the time had arrived for getting up some vague petition to the Colonial Secretary for the general correction of '* grievances." In order to obtain sufficient signatures for this pur- pose, it is perfectly notorious^ throughout Upper Canada, that the most barefaced and impudent decep- tions were practised. In various directions agents were employed who, themselves, affixed the names or marks of all who could be induced to acknow- ledge they had any one thing to complain of : indeed, several wprthy iiitjjvidu^ls were ftdded tQ tlie list, who actually believed t.hey had joined in a loyal ad- dress. The names apd signatured '%us collected in batches, on separate pieces of paper, were the^ all pasted together, and, with scarpejy anything but these credentials in his wallet, and with unprincip)e4 iinpudenpe as his companion, this low adventurer (l^y one of those eccentric chances which ocqasjpnally characterise th^^urseofan impostor's life) returned to his mother- coi|ntry, to introduce himself in Powning-street to her IVIajepty's Secretary of Stftte for the Colonies, leaving behind him in Upper Canada that kind of character which, with more wit tlian elegance, has been thus quaintly described., by an American writer : — ^^. - " He is, without exception, the most notoriotjg liar in all our country. He lies out of every pore in his skin. Whe- ther he be sleeping of waking, on foot or on horseback* talking with his neighbours orf writing for a newspaper, a multitudinous swaroi of lips, visible, palpable, and tangible, are buzzing and setth'og ^bout him like flies ground a horse i August." One would have thought that the infj|mou8 noto- riety of this low-bred, vulgar man would have secured the Governor and Legislature of Upper Canada from his libellous and seditious accusations ; but, alas ! the , very fact of hi^ nqdi^rtaVins a journey of nearly/ 4000 ipiles ^how8 pretty clearly t^at ^l' M%^m<^ V I ■iv--- ^- \ shi^wdly- suspected that the Colonial Office would not be very inimical to his demands. _ The reception which Mr. M'Kenzi^ met with in Downmg.street he has boastingly e)^i)lained by the following letters, which are only a p^rt of many he has published in Upper Ca^ada, h order trium- phantly to demonstrate the accredited importance with which he had been received/ notwithstanding the documents, of which he was/the advocate, had not passed through the executive government, or before either branch of the Legislature of Upper Canada. Colonial Office, Jvly 26, 1832. On that day, however, at jrou at this office. (COPY.) Sir, Lord Goderich has desired me to acknowled Colonial Office, Tueiday 26/A. Sir, I am desired by Lord Goderich to propose to you to call here on Saturday next, at two, instead of to-morrow, at half-past twelve, as the House of Lords meet at one o'clock to send up an address to his Majesty. \ I am, Sir, \ Your humble servant, To \V. L. M'Kenzie, Esquire. \ &c. &c. ^ Sir, Colonial Office, November 2, Tuesday. , Lord Goderich has desired me to express to you his \ / e regret that the ^ressbre of buslnete should hftve prevented him s^ing you since his return to town. He now begs leave/io propose one o'clock on Tuesday next, at this office, for ^e interview you desire. I am. Sir, Your obedient servant, ' , . ^^ . B. J. Balfour. W. L. M'Kenzie, Esquire. &c. kc. Colonial Office, November 6th. Lord Goderich presents his compliments to Mr M'Kenzie. He finds himself obliged to change the pro-' posed hour for interview to-morrow to twelve o'clock 'Tf.^^ °"'' ""^'^^ ^ ^^P^' ^'" "°^ be inconvenient to Mr. M'Kenzie. W. L. M'Kenzie, Esquire. Colonial Office, November &th. ^Lord Goderich is sorry to be again obliged to put Mr. M'Kenzie off. He has now to propose twelve o'clock on Wednesday, instead of twelve to-morrow. W. L. M'Kenzie, Esquire. In this country, people will scarcely comprehend why Mr. M'Kenzie should (writing the words *' Esquire- m6. ^'yourmoH obedient humhh strmnt at full length) We published with so much ostenta- tion copies of the above coiiunonpiace comnmnica- tions. In a small conimumty, however, consider able importance is attached to any interview with a mimster ; and in colonial society this distinction is -\ not only, by the vulgar, looked upon as an honour, but, by the most sensible and reflecting, it is justly considered as a political advantage which may be productive of vel*y serious results. The following memorandum, which Mr. M'Kenzie published in Upper Canada, together with the notes which have been just quoted, sufficiently show the mischievous application that may be made of these improper interviews. (copy.) Memorandum. — On Wednesday, the 7th of November, 1832, I had the honour of a very long interview with the Secretary of State ; and on the day following the despatch was written, which is an answer, in part, to my repreiiienta^ lions. (Signed) W. L. M^Kenzie. The despatch from the Colonial Minister to His Excellency Sir John Colborne, to which Mr. M^Kenzie here alludes, is one of the most extraordinary public documents ever published in Upper Canada. It begins as follows : (copy.) Dotoning-street, Nop. 8, 1832. Sir, I During several months past, I have been in occasional commuuication with Mr. William M'Kenzie upon the sub- ject of the grievances said to exist in Upper Canada, and for redress of which various jpetitions have been addressed .\.< .Jil' \ > 8 Jo his Mojosfy. I p,opose in thi^ despatch to follow Mr M'Kenzie through those parts of hi. statement, respectinjr the representation of the inhabitants in the House of Gene- ral Assembly, which appear to me essential to the consi- deration of the practical qt,estion.s he has undertaken to agritatp agitate. The despatch accordirfely obsequiously follows Mr M'K^nzie thrpugh the\ whole course of his most insulting abuse of the executive, legislative, civil and religious authorities of the colony ; and in one instance, merely because Mr. M'Kenzie, an unprinci- pled, vagrant grievance-monger, had complained "that the law, as ipterpreted by the Court of King's Bench entitles the county members only to wages/' without asking His Excellency Sir John Colborne.or the House of Assejtibly itself for explanation or vindica- tion, the de^jr^tch says, " I have no right to interfere With the deliberations of the Gouncil, but I am able to signify to you his Majesty's pleasure that you should not oppose any objection to any law which may be presented for your acceptance for placing the to^vn and county representations on the same footing in this respect." ° Again, because Mr. M'Ken^ie I.ad complained that vanous rel.gious bodies, not choosing to take an oalb«ere excluded from the elective franchise, the fe,,ach most humhly says. " I shall be happy to mtroduce a MH into parli«„,ent for amending this part of the constitutional Act of 1791. unless there should \ V /' appear to be sonie difficulty iit that niefisure which does not occur to me at pres^nt>' v ' The influence of the cfowi) appeai^s to have been as suoi^essfulJy attacked by Mr. JM'Keiizie as the great constitutional Act of 1791, for, in rteply t6 Mr. M'Keniie's accusations that "the crowh .possessed an\iiiidue influence in the Provincial Legislature," the despatch says, "If this could be Lhown, his Majesty Avould not hesitate to assent \k a^y 31.AW which might be passed Jbr the purpBse of limi>he number of i)ersons hqlding oflices at pleasure who sliould be permitted at one time to sit there." This ujicalled-for surrender of the influence of the croAvn,wheh compared with succeeding events, forms a most melancholy illustration of the following ominous prophecy, Avith which it was officially accompanied : " Aif. M'Kenzie," says the despatch to Sir John Colborne, " has concluded liis paper by predictions of bloodshed and civil war, and a dissolution of the connexion between Upper Canadaand this kingdom. "But against gloomy prophecies of this nature eveiy man conversant with public busine^ must learn to fortify his mind. They have ev^" been the resource of those who endeavour tq extort from the fears of government concessions in favour of which no adequate reasons cpuld be iirged." . j , Nothing could be more api)licable to Mr. I M'Kenziethan the above remark, and yet, as if to 10 , ■ .\ prove how much easier it is to preach wisdomWn to practise it, the despatch coricludes ]by saying to his Excellency Sir John Colborne,— "I have received these documents from J\Ir; M'Kenzie, not merely as expressing his own.opinion, but also as explanatory of the views of those who have deputed him to represent what they call their grievances to his Miyesty. To them, the utmost possible respect is due. " Having, written this despatch with a view to publicity, you have my authority to make it public in " whatever maHner you may thmk most convenient." Now, instead of appearing at the Colonial Office as a broken-down pedlar and a notorious disturber of the public mind, let Us suppose that Mr. M'Kenzie had come from a distant colony to the Horse Guards, to complain against the military officer in command,' —can any one believe that Lord Hill would have taken any other notice of the complainant than 4iiildly, but firmly, to have desired him to transmit his communication through his commanding officer? In case a sailor or even a naval officer, were to come up to Londoji to abuse his commodore, would not the Admiralty phrsue the same course, and ought not ouri colonial governors and legislators to be supp()i-ted by the Colonial Office with that qomnion caution w^iich would induce every judge and magis- trate, or, indeed, any sensible person, not to deliver, . 11 . ^ or eveft to form, an opinion on an ex parte statement ? Yet, in tlie case before us, the accusations of a man of broken character and fortune against his Excel- lency Sir John Colborne, against every Constituted authority, and against the feelings of every respect- able inhabitant in Upper Canada, were not only list- ened to by repeated appointments, but replied to " vfith the utmost possible respect " in the elaborate despatch aboye alluded to. What were Sir John Colborne's feelings, on un- expectedly receiving this most extraordinary commu- nication, it surely cannot be necessary to divulge, as the sentiments of the other two branches of the legis- lature of Upper Canada sufficiently appear from tite following published extracts of their admirable, con- stitutional, and indignant reply to the message in which the Lieutenant-Governor transmitted to them a copjr of the unfortunate document in question, TO HIS EXCELLENCY SIR JOHN COLBORNE, &c. &c. &c. May it please youu Excellency, We, his Majesty's dutiful bird loyal subjects, the legis- ' lative council of Upper Canada, in provincial parliament assembled, beg leave to express our thanks to your Excel- lency for laying before us an original despatch, written to your Excellency by the Right Hon. the Secretary of State for the Colonies, on the 8th of November last, containing his Lordship's observations at great length upon a variety of statements made to him by Mr. W. L. M'Kenzie, an inhabitant of thi^jj^i Inv- f ^ 12 The statements upon which tjiese commehfs have been - framed_have ako been laid before us by your Excellency ; but, wnhout entering into any particular consideration of 'the.r contents, with which the council had little desire to become acquainted, enough appears in the tenor of his . Lordship 3 observations to make it manifest that those state- ■ ments have been made with a very unusual disregard of truth, and in a spirit of wanton an.l intemperate hostility to the legislative and executive authdlities in this province We cannot say that it may not po^ibly give satisfaction to some persons in this province Jo observe the condescend- ing and respectful manner in which representations of so peculiar a description, proceeding from an individual, have been received and repUed to, no^vithstanding it was evident they were outrageously insulting to all the constituted au- thonties of this colony, and scarcely less so to the people at large, in imputing to them sentiments and feelings by which - they never have been, and we |re convinced never will be actuated. It is not in the nature of things, however, that the legislative council, or that any portion of the people in this province, of sound hearts and understandings, having the truth under their view, can regard such statements as com- ,pose Mr. M'Kenzie's voluminous correspondence with his Majesty's Secretary of Sta|ie in any other manner than with the^ most unqualified contempt— a contempt which, upon every principle on which character is acquired or lost, we tlAk it must Be more conducive lo.the public interests and honour, and to all the ends of go^od g(Jvernment, to avow than disclaim. So far, therefore, as the despatch of his Majesty's Secr^tarj- of State is to be considered as a reply to those statements, or as a commentary upon information de-'' rijied from the same source, we cannot regard it as calling " , for the serious attention of the legislative council. 1 1: 13 \ We appeal, however, to the iutimateXjknowledge of this colony which your Excellency has acquili^ during a^resi- dence of foi^ yeara, for a confirmation of oy remark, that, ^pon several of the questions which in thi^d^spatch are .^ost etabomtely discussed, no dissatisfactionVor difficulty prevails, or ever has prevailed ; that no person living here ever heard or imagined before that they were Wriously talked of , or thought*^ grievances ; and thattlSminds of the people are so far from being disquieted by Wm, that it is probable not a word would be heard upon theXin ' Iravelling from one extremity of the province to the bthe\ and in minghng with its industrious population IhroughN every portion of it. ^ , - It has been painful to the legislative council to see t^t, • in a discussion founded upon these documents, tltToffice of . ,Lieutenant-Governor of this province, ^iJd the names of some of the most responsible of the King's servants, are even hypothetically connected with imputations which no one can easily tolerate to find connected With his name (Signed) John B. Robinson, Speaker, Legislative Council Chamber, 2nd day of February, 1^3. ^ TO HIS EXCELLENCY SIR JOHN gOLBOig^NE, &c. &c &c Mav it please your Excellency, We. his Majesty's dutiful and loyal subjects, the Com- raons of Upper Canada, in Provincial Parliament as- ' sembled, return our thanks for your Excellency's message Of the twelfth day of January last, transraitti/ig a de- spatch of the Right Hon. tho Secretary of State for the Colonies, m answer to certain letters and documents ad- ^ * .■j^Aif-i.jfea.p'i'.-.k '. i' ^^ 14 cirwsed fo>lip Lordship for the piirpose of ploying that the ptx-f 'e of this happy and prosperous colony are appreased \ and burfhcned with grievances, ank have becomp so discoi,: , tented that there is danger of revo t and bloodshed, ^ ^ ' ^ thes^ alleged burthens and grievances are reni redressed. |, Wo most readily concede that We nofaWg^qi-Sarf 'of State.was actuated by the best mo\het i^^jMng the.d6. ' spatch in question ; but we cannot rVfraiTfci exp^asiog our great regret that it did not,pi«„r to his" Lordship that allegations thus deeply affecth,g> thp character of l^is ^ajestys subjects of Upper Canada rested on no better .testimony than that of an individual who had been twice epcpelled this House, and who, in consequence of his having- • fabricated and reiterated libels of the grossest descriptio|,, had hfaen declared unfit and unworthy a seat in the As- sem^TJ during, the present parliament. If this fact had occurred to his Lordship, it is reasonable to suppose that he would not have felt himself at liberty tp recognise the author of this additional calumny on the people of this province as the agent, or as speaking the sentiments, of any portioti of the Ipyal inhabitants of the province of Upper Canada, and would therefore have considered it utterly unnecessary to enter into, ^o elaborate an examination or refuta^on of anything a,li||g|j^him. ' ^.^ ^ ^^'^"^^> J^Bm- M'Lil!?fepeaker. ^o^mons House of JSffll^l^ ; ^th day of Mrtiary, 1833. One woiild liave thought that the inanly md\gi^ tiou displayed in these high-spiyited. loyal remoa- h I vJ / 15 strnnces from both branclks of the Canadian Legislature would have induced the Colonial Office to have drawn in for ever the horns with which even then it was feehng its way towards democracy : however, Mr. M'Kenzie had still access to the de- partment, and, ^s her Majesty's Attorney and, Soli- citor generals of Upper Canada had joined in ignominously expelling him from the House of As- sembly) he determined to endeavour to display the alujost royal influence he possessed, by*making it appear that he had induced the Colonial Minister to dismiss both these officers from his Majesty's serviceii Accordingly, with this object in view, he has pub-s limbed in Upper Canada the following note and \ iTfiemorandum : — , , ■ f - (copy.) - - j Lord^Howick presents his compliments to Mr. M'Ken- t\e, and will be bappy to see him, if he will bft gootl enough |to call on him, Monday, at twelve o'clock. I Colonial Office, 7th Marchj 1833. Memorandum. — This note was addressed to me on the occasion on which the Colonial Office resolved to chaage the Attorney and Solicitor generals of Upper Canada, in amswer to my representations as to their conduct. (Signed)^ \ W. L. M'Kenzie. Accordingly, within one day of the date of Lord Howick's note, a despatch (6th March, 1833, and published by Mr. M'Kenzie) was addressed to# Sir John Cplborne, which, after referring to. the part^ \ \ ^^ > t.- . • * jf •U » y :• ' 16 which the two crown officers had Jaken in joipinc. in the votes for the expulsion of Mr. M'Kenzie'' concluded by saying,' " I have received his Majesty's commands to inform you that he regrets that he can no longer avail himself of their services, and that, irom the time of y<^ur receiving this despatch, they are to be relieved from the duties imposed upon them in their respective ofBces." At the time this despatch was written it ,vas known to every loyal man k the North American colo„,esthat llr. M'Ken.ie was secretly, in his heart, the same rebel and the same traitor which experience ha^mce proved him to be; and, although it might have ieen deemed impolitic in the crown officers to ' avow their natural hostility to such a being, yet the bare fact of the Colonial Offltee publicly expelling hem w,th Ignominy at theveiy moment when it wa! . hnow» that Mr. M'Kenzie was revelling in Down- wS'"'' u'"''"^ '"'"*''""*'''' communications vluch ought never to have been submitted to hun liad the effect of disheartening the British, and of encouraging the republicans to believe most confi- dently that the Colonial Office was with them, and that, with that resistless engine to assist them, their dark nameless object must eventually succeed. 5 On Mr M-Kenzie's return from England he was accordingly haUed by the republicans, or anti-British, ZlnTn 'iTr""^ ''«™'" -". supported as he luid been in DdWmng-street, it was not surprismg that in in joining M'Kenzie, is ]\Iajesty's iliat he can s, and that, patch, they i upon tliem ten it was I American n his heart, experience hit might . I officers to ig. yet the <^xpelling hen it was . in Down- unieations i to hhn, h, and of ost confi- hem, and em, their id. d he was i-British, M he had iing that 17 he succeeded in regaining a seat in the House of As- sembly, where lie was enabled to ejaculate falsehoods almost faster than his own infamous newspaper and the republican press could manage to print them. The loyaHbeing dispirited, it was not surprising that at the next election the republicans should be . successful. Accordingly, at the meeting of the session in January, 1835, a large majority of republican members (13 of whom actually were Americans) was obtained. Mr. Bidwell, an avowed enemy to monarchical institutions, and an incurable American in his mind, manner, and utterance, was elected ^ ^^ Speaket; and, as Mr. M'Kenzie's grievances had proved, sd fruitful and so successful to th^ radical cause, it was determined to sicken the loyalists by a second dose, and, accordingly, before the session was a fortnight old, a grievance committee was appointed as follows : — 1. W. L. M'Kenzie, . For whose apprehension for treason, murder, arson, and highway robbery a reward of lOOO/. is now offered. 2. T. p. Morrison^ Since tried for treason, and has suddenly quitt^ th^ province, 3. David Gibson, One of M'Kenzie's principal officers in the battle of Gallowi hiU, on which day, having absconded, h* is now o^t4 lawed as a traitor, a reward of 500/. having been ^flfereti for his apprehension. k^. — : ^ , — -.^ ' ■ -, — ^ — ^=^ „^ ■-■%?■ 18 4. Charles Waters, A notorious republican. Although the transparent veil, which covered rather than con6eared the character of this commit- tee, had not as yet rebelliously been cast aside, still it was just as evident in our North American colonies th^ as it is now, that the whole and sole oWects for which these republicans were striving wer^ 1. Separation of the Ganadas from l^e ^her- country. ' > 2. The robbery and murder of the loyal inhabit- ants. 3. The attainment of ih^t general letter of licence which is the natural effect^ in a young, thinly- peopled country, of a sudden transition to de- mocracy. It was perfectly well known to every man of cha- racter in Upper Canada that, because the report of this Grievance Committee would be written by its chairman, Mr. M'Kenzie, it could possibly not, in the nature of things, contain anything but a confused mass of falsehoods and misrepresentations, forming the basis of new demands upon the Colonial Office, that the power of the Lieutenant-Governor should be weakened— that his Executive Council should be .iiiade - responsible to the people," and that the Le- gislative Council, which corresponds with our House of Lords, should also be elected by " the people." All this beifig clearly foresee n, it became neces- ^ 19 sary for Mr. M'Kenzie and his colleagues, in deliver- ing themselves of their report, to have recourse to a considerable degBce of stratagem. Accordingly, a very few days before the close of the session, Mr. M'Kenzie, at midnight, brought up in the House of Assembly, when it was thinly attended, this report of the Grievance Committee, which, without being READ, was merely received and laid on the table. It was not adopted, but, on its being artfully pro- posed that 2000 copies of it should be printed in "pamphlet form" (thereby giving the house to understand that this report, whatever it might con- tain, M^as after all a mere pamphlet), even this was opposed and eventually carried only by a majority of eight. On the following morning, and on the two suc- ceeding days, several members inquired for this Grievance Report, but for three days it could not anywhere be found, until it was again produced by Mr. M'Kenzie himself, who was obliged to confess he had taken it home with him ; and it is now well known that he did so for the purpose of surrep- titiously inserting, previous to its being printed, il quantity of additional matter ; and with this base transaction the session closed. At the end of May the report of the Committee was printed, and, when it made its appearance, instead of being in •* pamphlet form," it turned out to be a l'*''g« Qct^^y Q^gi ievane e i?olume> in be^da, cont ai n *-^ c2 A A \l 20 ing 553 closely-printed pages ; and it has been calculated (I believe accurately) that there exist in this book more than three times ag many gross false- hoods as pages ! y^ As every respectable inhabitant in the colony knew that nothing b^t mlful misrepresentations could proceed from the^jpen of Mr. M'Kenzie, the insulting libels which ihis report contained on the Executive Government, the Executive Council, the Legislative Council, arid on everything thlt is venerated in oui- social fabric, were treated with in- diflference and contempt, and by no one more so than by His Excellency Sh- Jolm Colborne, ' who at once forwarded the infamous volume to the Colonial Office, with a {ew short observations, pointing out the glaring " falsehoods" it contained. On the arrival in Downing-street of this huge book- of grievances, declared by the Lieutenant- Governor to be full of "falsehoods," which had not appeared before or even been alluded to by the Legislative or Executive CouncUs, and which had neither been read nor adopted by the House of the representatives of the people of Upper Canada, one would have thought that the Colonial Office would have recollected the punishment under which it had lately smarted— first, by the stern irfanly rebuke it had received from both Houses of the Legislature, for having, without consulting them, recommended legislative proceedings on Mr. M'Ken- 21 zie's alleged grievances— and, secondly, by the hu- miliating necessity to which it had been reduced, of publicly restoring to office the two crown officers who (Mr. M'Kenzie has stated) were dismissed in consequence of his representation. One would, have thought that, as "a burnt child dreads the fire," such faial experience would have taught the Colonial Office to shudder at the veiy name of Mr. M'Kenzie— that it would have taught the Office to place a just confidence in the Lieute- nant-Governor of the colony, ^nd never ?igain, by listening to ex-parte unofficial statements, to subvert all rule and government, by giving the Governor and Legislature the go-by. But the pglicy of the C!olo- nial Office was immoveable— its course unalterable —its malady incurable ; and, though it was perfectly aware of the struggle that was taking place on the continent of America between monarchy and demo- cracy,, it deliberately threw its immense influence into the wrong scale ! Accordingly, instead of disregarding this un- adopted, and even unread, report of a party who have since shown they were a nest of traitors ;* instead of supporting the Executive Government, which iiad been infamously reviled, they came to the determina- tion, not only to recall His Excellency Sir John Colborne from his post, principally because he had treated this report with silent contempt, but, as if to gild the fame, or rather the infamy of Mr. JM'Kenzie, ^• 1 , 1 22 they resolved to submit for the King's approval a series of drastic remedies for almost all the fictitious disorders which the wicked report of Mr. M'Kenzie had detailed. That brave and gallant veteran officer Sir John Colborne (whom, though a slight difference exists between us, I both respect and regard) was accordingly officially apprized that he would immedi- ^ ately be removed-remedial concessions were framed —the loyal population were again disheartened— the republicans again improperly boasted that the Home Government was with them ;--and thus ends the. first chapter of the political accidents it has become my melancholy fortune to relate. / r 23) CHAPTER II. ' The History of my Appointment to the Government of Upper Canada in November, 1835. It had blown almost a hurricane from the S.S.W. the sheep in Romney Marsh had huddled together in groups— the cattle, afraid to feed, were still standing with their tails to the storm— I had been all day im mured in New Romney with the board of guardians of the Marsh Union ; and though, several times my horse had been nearly blown off the road, I had ma- naged to return to my lodging at Cranbrook ; and, with my head full of the unions, parishes, magistrates, guardians, relieving officers, and paupers of the county of Kent, like Abon Hassan, I Iiad retired to rest, and for several hours had been fast asleep, Y when, about midnight, I was suddenly awakened by the servant of my lodging, who, with a letter in one hand, and in the other a tallow candle, illumining an honest countenance, not altogether Tree from a^arm, hurriedly informed me, " That a king's officer had come ajterme ! " What could possibly be the matter in the work- house of this busy world I could not clearly conceive ; hoWever, sitting up ia my bed, I opened theletter! whic^, to my utter astonishment, Was from the Secrel ^tary of State for, the Colonies, expressing a wish tLt 'til ||ll |: III ) 24 I should accept the government of Upper Canada • and that, if possible, I would call upon him with my answer, at half-past eight the following morning, as at nine o^clock he was to set out for Brighton, to see the King. As I was totally unconnected with eveiy member of the Govei-nment, and had never had the honour even of seeing Lord Glenelg in my life, I was alto, gether at a loss to conceive why this appointment should havebeenoflfered.tome. Plowever, as it ap- peared there was no time to be lost. I immediately got up, and, returning to London in the chaise of the King's messenger who had brought me the communi- cation, I reached my own house at Kensington at SIX o'clock, and having consulted with my family " whose opinions on the subject of the appointment 1 found completely coincided with my own, I waited upon Lord Glenelg at his residence, at the hour ap.^- pointed (half-past eight), when I most respectfully and very gratefully, declined the appointment. To this determination Lord Glenelg very obligingly replied, by repeiiting to me his wish to be enabled to submit my name to the King for so important and difficult a trust : he legged me to reconsider the subject ;■ and, in order Jthat I might b^ enabled to do so, he requested me to go and converse with his un- der-secretary, Mr. Stephen, who, his Lordship saTd ivould give me every information onlthe subject. ' Nothing could be more uncongenial to my habits, \ 25 disposition, and opinions than the station that was oifered tome : while, on the other hand, as regarded my appointment in the poor-law commission, never had I been engaged in a service the duties of which had so completely engrossed my mind. Rightly or wrongly, it now matters not, I fancied that, against prejudice and clamour, I should eventually succeed in the noblest, and to my mind the most interesting, of all services, thkt of reviving the character and condi- tion of the English labourer ; and as, notwithstanding the unpopularity of the new Act, I had, thanks to the magistrates, yeomaniy, and farmers of the county of Kent, carried it into effect by acclamation, the plea- sure as well as interest of the task was daily increas- ing- If the- poor -law. commissioners had expressed the slightest Avish to remove me from Kent to any sta- tion of greater difficulty, or even of danger, it would of course have been my especial duty not to have declined ; but, as the Colonial Office had not the slightest claim upon me, and as I was really grossly ignorant of everything that in any way related to the government of our colonies, I continued, so far as my own wishes, and even interests were concerned, to adhere to my opinion. '' Still, however, I did not like to persist in refusing my humble services to the King's Government, after they had been twice required of me ; and accordingly, walking towards Downing^street, under this con- --^^^ . jiLS^* i^4t\/',. ii*. p / 2Q, fliction of feelings, it was with considerable reluctance that I entered the door of the Colonial Office. In ob^iencd to a principle which I need riot re- peat, I at last, without any further retWence to my family, expressed to Mr. Stephen that I would-under- take the duty ; and accordingly a letter was, without delay, despatched to Brightoa^to Lord Glenelg, who ' on receiving it, immediatelyA|.bmitted to the KinJ my name, of which his Majesty wa« gracioudy pleased to approve. ' ■ . I must now mention a few details which, though . not very interesting to relate, had perhaps better not be withheld froni -tlie public. ' ' • In my intervife^ with Mr. Stephen I learnt that, from motives of economy, whicTi, in a moment of so much alleged danger, I could not clearly compi^hend ' there would be a difficulty in continuing to me an aid-de-camp, and that, not only was I to receive 600/. a-year less salary than my predecessor, but that, instead of his military remuneration, which amounted, I understood, to nearly 1000/ a-year I was to forfeit to the Government my half-pav as major in the army. ^ With respect tothese arrangements, I at once very distinctly observed -to Mr. Stephen that, although it was, of course, utterly impossible for me ev^ to ima- gine what would be the official expenses to which I .hould be subjected, yet that, as so many governors, one after another, were supposed to have failed in /- f ■ 27 tlieir missions, and as the jdifficulties which had over- ' come them were declared to have increased rather tlian to have diminished, I considered it was unrea- sonable, as well as imprudent, rn the Government to ask me to encounter them witli, diminished means. I told Mr. Stephen that to go without an aid-de-camp to adisturbefl colony, where the Governor had always been seen to have one, would iiimy opinion be im- politic; and I added that, as I was altogether below my predecessors (Sir Peregrine Maitland knd Sir John Colborne) in military rank, and that ns I was to be divested of the command of the troOps, I thought the civil "elevation of a baronetcy ougl^t to be Icon- ,v ferreduponme. ^ ' ' 1 / In sihort, my argument ran upon the theory Jjthat'\ I fhdught I ought not to go into action withotijt as many shot in my locker, and as much support,! as njy predecessors had had. I declared I wanted^no lore. ' * $ In reply, ]^. Stephen admitted the justness of mf eory. He told me that I ought to have an aid-de ckmp — that he thought I should be justified in irii Biking that my official expenses, as Lord Gos- ford's had been, should" be defrayed — that if a batch of baronets were to be created there would be no difficulty ; but there were so many applicationi for the distinction, that he thought Lord Melbourne might yeel he would create jealousy by a single appointment. ti.. ..1. - mi 28; ■' .The WWing ,,ay J did „ot 8ee Lard Gl^elg; but, «, I had been apprized timt, in order that the K.,g s promise to the Legislature of Upper Canada o g.ve hi, answer in January, should not be br^en It would be necessary I should sail in a very few dm, I though, it advisable that, before I was ^^I ^ould repeat in writing the requests I W made to Mr. Stephen. I accordingly did this, and myself Hel-vered the, communication to Mr. Stephen, who however advased me not toforce it officially upon L«rf G^enelg, but to leave him perhaps to speic to b^ Lordship on the subject. „/ MI think, only one short interview with Lonl Glene g before I went to the King, at which, though my at entjon was of course occupied with higher ubjects. I vexy shortly submitted to hfs Lordfhip t-rey) the propriety of my bging raised as nearly! possible to t e same level as my p^decessorf to On my arrival at Brighton, in order to be pre- sented to the King. I explained the difficMty wh ch had been raised about,my aid-de-camp, to whrcht ^as^epbed... You really ought not to'go out 1 .»» 29 took me to Lord Howick, and after considerable trouble I was authorised to appoint Lieut. Halkett, of the Coldstream Guards, as my aid-de-qamp. As my time was very short, ipy attention was much engrossed in reading over a voluminous corre^ spondence which was placed before me in the Colonial Office. I had to wind up, or rather tp cut, the thread of my business with the Poor Law Commission, and had also my private affairs to settle ; accordingly the day of my departure arrived without any terms with the Government having been satisfactorily settled, I had b^en subjected to considerable losses by being called upon so suddenly to break up my establish- ment ; and for temporary outfit I had been thus sub- , jected to expenses exceeding 500/. In order that the King's promise to the Legisla- ture of Upper Canada: should be fulfiljy, instead of being sent, as had been vAg taken, smo ttg Mh Ripj^ -„™_„„„„ ,.„._ _.^^ ., ^ ^,..„_,._ :ii ^ 36 ■ ncau's baggage after lie had absconded, was endorsed m the traitor's, own hand-writing as follows'; • " Jos, Hume. Address&d to W.L. M'Kenzie, ad- " vice respecting the policy to be pursued bv " him." - ^ / " To William Lyon M'Kenzie, of Toronto. " Lomm, December 5th, 1885. "My DEAR Sir, • " " ^°" ^i^l learn, with as muqh pleasure as surprise,' of the recall of your present Lieu^epant-Governor, and of the appointment ofSir Francis Heail to su,?ceed him. Of the causes which produced this very fortunate change I will not now di^te, but congratulate you and the people of the pro- vince of the choice mad^ of Sir Francis. " Sir Francis is .known as the, author of ' Observations on South America,' whither he ^ent on some mining ex- pedition, and as the author of tht ' Bubbles of the Brun- nens. He has been employed ^s poor-law commissioner in Kent and his conduct and pf ciples have been much -approved of. "He has beenselected as a ci|ilian, as I hope it is now the determination to send civilians as governors, instead of the mditftry men. as heretofore. Sir Francis has, therefore, ' I beheve, sold out of the army. I ^end you a letter of in- troduction to Sir Francis, to wholii I have given • the l.t and 7th Report of your Committee of Grievances, thw he may read and study them on his voyage to Canada; I gave / -Mr. Hume sent these reports and letters to me. He wrote me bavmg read his papers, returned them by a oeMenger.-P B H vas endorsed him some of your late letters to me to read, so that 7ic , might t.know the grievances you have to complain of, and arrive in some degree acquainted with your province. If I . had your other reports, I should have given him a copy. I gave my 'first copy tq Sir George Grey, Under Secretary, and Mr. Qhapman has replaced that one by tho^e you sent him. If these bad been in time, I should have met Sir Francis Head, and have explained to him my view of your situation, but I have written to him shortly on these sub- jects., I enclose you a letter to him, and send you a copy of that letter, that you may see what I have said to him. " My anxiety is, that you and all the reformers should receive Sir Francis in the best possible manner, and do everything consistent with principle to meet his views and wishes. We think Sir Francis will do what is possible to conciliate and settle matters, and you must make allowance for the instructions he may have from Downing Street, where I do not think they have yet come to the resolution of doing to the colonists what they are doing, or striving to do, for the people of the United Kingdom. "When I tell you that to us, who are on the spot, and watching every movement of ministers, there appears to be a reluctance to make reforms efficient for the objects con- templated, and that we have still the battle to fight for ex- / tended suffrage — for protection for our electors in voting for equal civil rights to all classes of religious opinions-* for reform in our courts of law, <&c., you must not, be sur- prised if the ministers are not prepared to yield you ah elective Legislative Assembly, which is one chief object of your demands. You must have patience, and take as much as you can get quietly. I approve much of the spirit of the speech of Loifd Gosford to the Assembly of Lo^r Canada, i 38 I* and trust that Sir Francis Head will do as much for you In that case, and you will be right to demand equal jUstidft. 1 would have you moderate your demands for the Leirish: t.ve Coundl, and get all the other rights fairly established. " If I could have influence with Mr. Papineau and his asso- ciates, I would counsel him to accept cheerfully the prof- fered concessions by the Government, and give a fair trial to thB^^Government under the new and improved system. \ou must bear in mindjthat the conduct of the House of Lords in the last session has raised in the minds of the reformers here a completion, as strong as it caii be either in I Upper or Lower Canada, that the House of Lords should jbe elective and re^onsible, and I have given notice for an ["iquiry, with that view, in the ensuing session. We do not ^o carry that measure, as Lbrd John Rn^ell has. in ' l^bh*>^,eches, declared his intention to resisLto resist a«y mterference with the House of Lords and their privi- %es. But we shall discuss the nature and constitution and power of that House, azid take, in the mean ^me, all 2 cmcess^ans ue can. to complete the Reform Bill, and other measures now iri p„,g..ss. We do this to get n;;eti; v^h can be .,., after.ar^fo,,,,,,^^ ^„,,^ ,f J^ J^ ri^ be necessary. You. demands respecting the Leill .eCouncd are exactly t^^^^ ng the Lords. Responsibihty to the people in both coun- tnes I de,m essential for good government, and for I power and Satisfaction of .he peop^. But I must c nsid he resistance, to that concession, and wait the prop r 1 1 !:Lr^i:gv:^™^^^^ " Our object, therefore, is your ohhct ■ «n,I I ■M *^ ^ 39 not be yielded by your Governor, from causing strife or ill mil between the Jleformers and the Government. I observe that Lord Gosford has left the Legislative Council, as to its election by the people, out of his speech ; but he has pro- nwsed to improve it by leaving out all those dependent furtcfionaries, and you should try to ^et on with that, the best way ypu can, for sometime. wLnever we succeed in England, yOu will have no difficulty in Canada in obtaining an improved Legislative Council, and I hope yo^i will keep that in view. "I wish you would convey to Mr. Papineau, in Lower Canada, this opinion and advice, as the one which all the l)est friends of Canada in ^"s country would offer, and let them consolidate and mature what his Lordship has offered , to give them. \My frient)' Mr. Roebuck, and some others here, are too sanguine, jind disposed to demand too much, and in a manner likely t^i do harm to the party here; and I should, therefore, be delight«fd to see a tone of moderation and conciliation assumed by the popular party in both countwes, in answer to the overtures of the present Whig Government. You will bear in mind that the Liberal party here have the courty the aristocracy, and the church all against them, and Oiat it is sound policy in the Radicals not to urge deman(^ from the Whigs which shall, in any way, give ground foi: the King to throw off the Whigs and to take the Tories jo power. Every day the Whigs remain m power, the po^er of the people is increasing, and the power of the Tor^s and the church is decreasing: I there- fore entreat you/to prevail upon the Reformers in both Canadas to act wjith moderation; and, whilst they continue to state what theif: ultimate and just demands are, receive \jrith co»ci7iaf»o» what they can g^t towards the ameliora- J^iop gf your existing grievance s . I 1 W i 1 '1 ij! - 40 ir the Reformers, from the Ultra-Radical to the milk- and-jf^ater Tory^Whig, had not acted oi, these principles in the Ikst session, the Tories would have remained in power, and^e should not have got Municipal Reform and other reforbi, as now goinor on. fou may take my advice, who have never flinched from giydg an honest advice to the Canadians, that the healing of their differences in the Canadas, by accepting the con- cessions offered, will please the ^linisters htere, and give satiifaction to the King, who is understood to take a warm mtdrest in your affairs. Take what you can ^^/-petition for Ithe rest ; but use cool language, and act with moderation in Jvery way. You may trust to us here, that every acces- " sio| of right and power, by the people of the United King- dojn, will soon be returned to the Canadians. I shall be pWased to hear from you from time to time, and, with best wishes for your success, * " I remain, ' Yours obediently, (Signed) " Joseph Hume." P.S.— The Tories here have been boasting much of tleir success in the late registration of votes, but I believe without truth. I believe Reformers are stronger than ever ail over the country, and that, with the aid of Ihe Munici- pkl Councils, the majority for Reform in the House of ^ommons, in the next election, will be 150 at tlie least, the Tories are boasting of an early dissolution, and that j^ir Robert Peel will again be in office soon; but, as the |)resent Ministry will not resign, J/do not think the King nil try another covp-d'etat, as he did in November last l^ear. "From all this you will conclude that the. Whigs will f-emain, and, as. they canmt^ stand uithoid ihe liadicais, -\ ..->x 41 the Ministers must be doing a little to please them, and thus the rights of the people will be gradually secured. 1 " J. H." Having endeavoured to explain the position in which I found myself, after my first fortnight's expe- rience in provincial government, I will now lay before my readers a despatch which was written within a week of my arrival at Toronto. ^ Government House, Feb. 5, ISS6. My Lord, ^ > In my despatch. No. 2, I Jnformed your Lord- ship that I arrived at Toronto On the 23rd ult. I had previously engaged apartments, for myself and the three gentlemen who accompanied me, at the ['principal hotel in this city, but on my arrival a letter from Sir John Colborne was immediately delivered to me, by his aid-de-camp, informing me that rooms were prepared ^r me at Government-House. Re- quiring rest and quietness, I at first declined the invitation ; but, ^finding that party/differences were running very high, and being desirous to show thj^t I had at least arrived with unbiassed feelings, I thought it better to accept than to decline the atten- tion that was offered to me, and I accordingly Vent * to Government-House on Saturday. lef On Monday I was sworn in as Lieutenant-Go- vernor of this province, and the followfiug morning Sir John Colborne anii his family left Toronto for •r ^ ^rl /'' m 48 Montreal. «comp.nied. for a few miles, by a v«,t concourse of people, who, I ,va, happy ,o see; vied w-tl. each other in testifying ,he sense they enter- tained of h.8 amiable character and high moral worth. » On Sir John Colborne's departure I endea- voured to make myself acquainted with the outline of public fee ing in the province, by conversing calmly wuh the men of most ability of all parties I had several interviews with the chief-justice and k Mr "IZ" '"■°'"^*™ '""« "•""""'"ions with with Mr. Bidwell, the Speaker of the House of As- sembly, and with others. to t ^!r- ' """ ?''"''''' "^ •'•"'«'''S' '* "PP^"""! to me that, m general terms, a good feeling p^^aded . ...ajonty of .he people of this province," who, Z tently occupied in their various locations, are na,L ™lly^««™us to be tranquil, and equally disposed U, oJ'"'*^ '"''"''«• '"""'™'-' ^ 'Tuggle for office which have existed so strongly in the mother- oountry, have produced similar excitements in this provmee; added to which, strong republican prin ciples have leaked into the Ln^ {,J2, United States. These various element have long ' been conflicting Uigether in the House of Assembly^ wluch, I firmly believe, misrepresents the genera feeling and inU,rests of the inhabitants, who,a, Ihave ^ 43 before said^ ardently de§ire peace, tranquillity, and a continuance o{ exemption from taxation. But, from the peculiar state of this infant socie(ty, all that is good and estimable remains at the bottom, while the surface is agitated by factious discussions. ^ In England this evil would soon be corrected by the ebullition of a free press ; but the greatest diffi- culty which seems to present itself is, that the press is here conducted by editors who, on all sides, not only misrepresent, but shamelessly falsify, all public events. In Toronto, this unprincipled mode of war- fare is so well understood, that it produces but little evil ; but the dissemination of falsehood throughout the remote districts of the province, as well as in Lower Canada, creates a moral contagion which it is aliiMist impossible to arrest. As far as I have been able to judge, I should say j that the republican party are implacable ; that no concession whatever would satisfy them, their self- interested object being to possess themselves of the government of this province, for the sake of lucre and e1»olument. Under these circumstances, I considered that the great danger I had to avoid was the slightest at- tempt to conciliate any party ; that the only course for me to adopt was to act fearlessly, undisguisedly and straightforwardly: for the interests of the country' to throw myself on the good sense and good feeliri/ of the people, and abide a result, which, I firmly be- lieve, will eventuaUy he trinniphftftt. ■-r Having re^olvpd.on this course, I verbally ejc- >" 44 h** Framed it to Mr. Bid>.en, the Speaker of the House of Assembly, a gentleman of unimpeachable ttioral character but of strong republican principles ; to Mr. M'Kenzie, one of the members for York- to the various heads of parties ; and to the members of the Executive Government ; and, on the 27th ultimo I dehvered to the two Houses of the Legislature the lollowmg speech ^^ — Honourable Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly, As the Lieutenant-Governor of this province, I am com- manded by the King to lay before you the answer his Majesty has been pleased to give to the several addresses and representations which proceeded from the two branches of the legislature during your last session. ^ This communication I shall submit to you in a Message ' whiph wiirat once inform you of the difficult and most' important duties about to devolve upon me, as well as upon yourselves. ■ ^ " As re^rds „y«,lr, I have nothing either ,0 promise or prefer, but I trust I shall not call in vain upon you ,„ p>;e me that loyal, constitutional, unbiassed, and fearless assistance „h,ch your King expects, and which therising mterestsofyour country require. The ncM^spapers I have forwarded ^ptain the Addresses I received from the Legislative Council and from the House of Assembly, to which addresses' 1 replied as follows r— Honourable Gentlemen of the Legislative CauqdL It IS with much satisfaction that I receive your congratu- J at i o n 8,i .j )o i i my a ss ump ti on of tfae^g.. > 49r, and right, firmly believing that the stability of the throne, the interests of this province, ^and the confi- dence of the people cp no^ only be securedhy such a course. \ . ~y , I have the honour to be. My Lord, * ■ . Your Lordship's most obedient servant; F.B.HE4D. The Lord Glenelg, &c. &c. &c. As I had anticipated, the production of my In- structions embarrassed Lord' Gosford in the>licy by which he was endeavouring to obtain his supplies. The Colonial O^ce joiped in the general disappro- bation which, in London, Was expressed at Qiyc«n. duct, although the Office knew, as well ai oi/e ivho is still livmg knows, that in^my Instructions, as they were onginally shown to the King,* I was ordered to give « the copy," and that it was Us Majesty himself Jvhomade the alteration, which was explained away io me by Lord Gletielg, as Ireminded his Lordship in the preceding despatch. >v i >-• Y \ J ' '' 1 # 1 * ■" f\ •• -*-' • «' • ■ /' \ T ■ ' ' ■ 1 , /• ,'* ■■ '1* ■ • , " — - — ■ I ^ ■• B • ■ • ft - •"' « .'•*■:■■ ^ \ * • ^1 \ ■ '■ ■ \ * ^ , t • , 1 ■ - . ,.•-• ■ :S 1^ ■1 ^^^ ;■■ T'" A. -,A.,1-. « .!,. \ 4. ft % -\'- ■- 5 1 'W-, CHAPTER IV. Tfie Republicans arfmortifled^My Opinions and Policy cxiJress. Sel Z p" r""' ^"•«"'°''»«"°« atlending these Ap- pointmenfs-The Republicans prepare to advance. Although the well-known blue-bound grievance book, which I constantly kept on my table, acted as a talisman in driving from me the republican party, who apparently, could speak no language but that of indefinite complaint, yet I clearly foresaw that they would not long submit to be thus easily defeated. Although nothing but polite expressions had passed between u,, it was perfectly evident to me, that the Hepubhcans were sorely mortified at being, on all oc- casions, « brought to book," and that as their case had, thus become desperate, they were not merely waiting but were eagerly seeking, for an ppportunityto pick any quarrel with me, that would enable them to join with Mr. Papineau and the House of Assembly of l.ower Canada in open rebellion. Accordingly, though the main body of their forcfes continued^ta- tionary it will appear from the following despatch, that, before I had been three weeks in the Province, ,their skirmishers began to advance. 51 No. 5. Government'Hou8e, Toronto, Feb. \5th, 1836 AIy Lord, 1 have the honour to enclose to your Lordship an address whiph I have received X,^m the House of Assembly. / "^ J * Your Jibrdsbip will perceive that it was moved by Mr. M'Ken«ie, with the object publicly to extract Irom me my opinions on various subjects, which have long been violently agitated in the House by himself and others, and that in order to give unusual pub- icity to the address, 2000 copies have been ordered by the House to bp printed; besides which, it has been copied and published in most of the news- papers. ' I accordingly submit to yoqr UrisMpmy answer to tins address, which you will f^^oeive is written to meet the^objcct to which I *eU know it is intended to be applied, namely, to be circulated th«.uglK.ut the Canad^sl ° I can assure your i»rdship that J have had very satisfact^T, and amicable conversations with a number of indrndwls of all parties; and the more I reflect upon w>at I have J.e»rd and observed, the more «,». "uced I an, that the population of Upper C»n.d» will eventUdly i^y round this government, if 1 firmly and decidedly declares that it i. determin^i fuse among them capital and population, both of which they ardently desire, and that nothing but dis- sensi(?n prevents it, they will, I firmly believe, very to select ^ ■^fe>... ■,'■■.' '-^ . 55 : three individuals suited to the office was ^po^^ff^ task. >,.**^""'^^* After making ev§cy^-*aifmry in % power, I became of Qpiiiion, that Mr. ^Robert Baldwin, ad- vocate, a gentleman already recommended to your Lordship by Sir John Colbourne for a seat in the Legislative Council, was the first individual I should select, being highly respected for his moral character, being moderate in his politics, and possessing the esteem and confidence of all parties. Having come to this conclusion, I deemed it pru- dent to consult the Chief Justice, who is speaker of the Legislative Council ; Mr. Bidwell, the sgeaker of the House of Assembly ; and the members of the Executive Council; and as all these gentlemen un- reservedly approved of his selection to the office,* I sent for Mr. R. Baldwin, and proposed I0 him to accept the same, with the addition of Mr. -' ^ . who had already been recommended by my pre- decessor, and JXr Rolph, who had also been recom- mended by Lord Goderich as Solicitor- General of this province. \ I had several i^iterviews with Mr. Baldwin, of many hours' duration ; I allowed him to consult Mr. Bidwell, Dr. Rolph, and his other friends, on the subject; and the result of his deliberations was, his positively declining to take the office, unless I enabled r * They recommend eAJiinLoiily m a middle .wian , (^ 56 Iiim to carry with liini the support of the House of Assembly, which he stated could not be effected unless I shoul^consent to dismiss the three existing counciliors. ■ With this demand I resolutely refused to comply on the grounds that I had other interests besides thosJ of the House of Assembly to consider ; that the Commons already possessed its own legitimate power • that to impart to it in addition an delusive influence' in my Council would be unconstitutional and unjust- besides which, it would at once connect with party leelings the representative of His Majesty, who ought to stand unbiassed, and aloof from all such considerations. Mr. Baldwin maintained his demands, and I accordingly parted with him., declaring that nothing should induce me to dismiss from the council three gentlemen who had given me no cause for complaint ; that, if necessary, I would rather throw myself on' the gopd sense of this country, as well as of the world, and abide the result, whatever it might be. On Mr. R. Baldwin leaving me, I sent for his father Br. Baldwin, who, although rather more ultra in his theory of reform, is a gentleman of very large pro- perly, who is respected for his moral character, and who had also been recommended by my predecessor for a seat in the Legislative Council. On consulting withX)r. Bal(fwin, and on proposing to him that he, Vr. Ralph, and Mr. , should join the Executive " A'- 57 Council, he insisted on the same demands as Mr R. Baldwin, and we accoirdingly parted. • I felt 80 confident the terms required of me were unjust, and that to all reasonable men they would appear so, that I had fully determined on the course However, this alternative was ren- py, by an intimation I received that J^jfelt disposed to reconsider mil^pro- rdingly, the following day, b|palled agree to join the council, without the I dismissal of the three existing councillors. I acjcordingly appointed an hour to receive Mr. R. JBaldwin, Dr, Rolph, and Mr. , and in their jpiesence I addressed the following note to Mr. Baldwin, a copy of which it was agreed should be I given by him to Mr. and Dr. Rolph. Government- Hou^e, Feb. 19, 1836, Dear Sir, ^ I have great pleasure in lining that you. Dr. Rolph, [and, Mr. — , accept the l^ption I made to /you, by [jom|«g the Execuiive Council. ~* The confidence I shall repose in you will be implicit; and as I have no preliminary conditions either to accede to, or require from you, I shaU rely on your giving me your unbiassed opinion on all subjects respecting which I may l/eelii advisable to require if . <•' I remain, dear Sir, Yours faithfully, ^ F. B. Head. R. Baldwin, Esq. ^bA. , J .^istH: Xit \ .■•.>^< , //■ (ft. 58: • After my interviews with these gentlemen, who were yesterday sworn into office, and gazetted, as members of the Executive Council, until the King's pleasure be known." I- sent for Mr. Bidwell, ^d asked h,m whether he conceived that the House of tTfrT^""^ '"fefied with the addition I had wade to the Executive CouncU. Mr. Bidwell told me that he thought these ap- pomtments would give general satisfaction; that he was of „p,„ ,he House of Assembly had confidence would be h.s des.re. as well as those, be believed, w^th whom he co-operated, to give me their assist- ance, and m no way to offer me any factious opnosi- tion. He observed, however, that there were ,Zral gnevajes. ^ch your LordMp'. instructio,^ to 2 hadoverlooked,^^i that he expected these would shortly be brought before my attention. witl Z\ '^\ """ **■■■ ^'•''"'"■'' ^n'-nuuications " with me have been satis&ctory, and that I have no c^ee ^vhatever to complain of him, although I have -C . T' .'"™™'''^ '" "PP"- ''^ that with W political opmions I do no't concur. Having now informed ypur Lordship of the indi- ' "duals I tave added to the Executive Council, wW, the circumstances which have preceded their appoint- ments (which, I trust, may be confirmed), U Jly «mamsformetostate,thataltho,ghtranquillityi„this province is. I „„„ eon'Jeive, momentarily establUhed 69 do not expect that the present Hou^e of Assem i^ill long discontinue their agitations. It shall be my duty, however, to afford them no reasonable cause for complaint, jf'o their addresses; Eis well as to their opinions, I will give every possible ittention, and will afford them ready assistance to correct all real grievances ; but I am ?o convinced that every improper concession will not only strengthen their demands, but weaken ray influence in the pro- Ivince, that I shall continue to resist, as I have fhitherto done, any demand that -may at all tend to |\indermine the happy constitution of the province, [as I believe that this policy will eventually secure to the Lieutenant-Governor of Upper Canada (whoever I he may be) the confidence and the suppoii; of the [community. \ I have tne honour to be. My Lord, Your Lordship's most obedient servant, F. B. Head. [The Lord Glenelg, &c. &c. &c. P.S. I submit tb your Lordship copies of two addresses I received last week from the House of Assembly, with njy answers, which explain the rea- sons for which I declined to comply with their requests. Without troubling the reader with these two que- rulous addresses, my answers to them will sufficiently ■ iv-.^.-.-,';.^.tvj.''-,.'.4i&:i'ite ,\ ♦ 60 explain that they were s„,all clouds clearly indi- eating an approaching storm. , (copy of answer. No. 1.) " Gentlemen, "The numerous copies of despatches, &c, which Te7,;t *"' message to the House of Asseui, »f the ISO, instant, wiU, I trust, satisfy the Hous of my desire to iay before it as much of the " r ^pondence between my predecessor and His Maiestv^s" Go.„m.,aswitha„yproprietyIco„,dbee,;:S " I h»ve already given to the House, according to «s request, the names of individuals who^e reelmen dation for sea... in the Legislative Council hTs ^ t " The only part of His Excellency Sir John r„l bo.™.s despatch of the 16th Septembe:. 835 ^W I have deliberately withheld, is that in wh ch h confidentiany expresses to His Jfajesty'. crirn ■nerit his iiigh estimation of the charLter of! la case alluded to. no objection whatever exists to ^e publication of his opinions, yet I conceive it wtui estabUsh a bad precedent, were I to consent to mZ nally be painful the indmduals, and coaiequently unjust towards lem to disclose." <» (copy of answ^b. Nor 2.) Gentlemen, « " It is with great reluctance I feel it necessary to ;ate, tjjat^ without authority from the Secretary* of •tate, I am unwilling to submit to the House- of ssembly ^ the documents ana other evidence in lie possession^^of the Government or its Ofl&eer, elative to the Huron reserve, or to the proceedings f the Government had thereon, as would enable the ouse to ascertain whether its interference on behalf if the Wyandot Indians is required.' My objections on this subject are those of poliiiy ither than of law ;' and without denying the consti- tional right of either of,|the two Houses of the lie* :islature to inquire into "any subject in which they ay consider thtf public interests to be involved, I m of opinion that 4he disclosure of « documents nd evidence' alluded to would be attended with ivil consequences to those Irhom it U intended to lefit, by rendering the Indians doubtful of the all- lufficient and paternal protection of His Majesty, on hich they have hitherto solely relied. " Without reverting to the anomalous history of the borigines of this bind, I wUl merely observe, that, in 1- - ^ i ^ -4" ■-ff . t* 1 1 ..■>' . ■ r ^ • « 4 ■* I 1 \..J .- . ',,:_«. m i I , • ; 'I fc^,,,i- ..i-.. . ■ ^ v ' . - ,63 * Upper Ca«ad,, the In««ns have hitherto boeti«„der ^J inhabit. beingWcts of Crown land, devoted t. their sole use as ■ Hi, a«M.' / "Over these lan^ His Majesty has never exer- C'h f t/"*"""? right. -except at their request. and for theirmanifest advantage. Within their own cpmmunrties, they have hitherto governed themselves by their own unwrftten law, and customs; their lands and property have never been subject tb tax or assessment, 0^ themselves liable topemnal service. - As they are not sulyect t<, such liabilities, neither do they yet posses, the political privileges of His Majesty's subjects generally. i.l '^^* ™P*"»tendents, missionaries, sehoolmas- ters and othc-s, who reside among them for their pi^tection and civilization, a™ appointed and paid by !^n "^K " "?'«»«'"»«'* «" appeals hive unt 1 now been made, and with him has all responsi- bility rested. I„ every respect tiiey appear to be most constitutionally within the jurisdictbn and pre- rogative of the Crown; and as I declare myself no, only ready, but desirous to attend to any complaint hey may offer ,ne,, I consider it woulJbe Wghly mHitic (especially Ibr the objict of ^..ssingl trifling grievance) to saJction the adoption of a new course for their internal government. to I'dd .f ! ^*"*"' "'"'' "f """-hjeet, I ha;e only to add, that as regard, the particular memorid ,«h. ^ 63 litied to the House of Assembly, by Thomas Jphtlog, Tho^nas Clerk, and *t> others, of the Furon or Wyandot nation, a counter-petitioni signed )y ekven individuals of similar tribe and rank, htfte een pr^etoted to the House of Assiembly, stating, we have the 'fullest confidence in the Justice and \fiiiherly protection of our beloved Sovereign and '^is representativie the JUeutenant'Governor."' f •^ ■'»"; . ■"WW M i ■> . r-^ X ^ G Li M Prerogative of The Hous9 of __. ',|lifance useless— 1 ,(^|pTE«f! ;\^^^' v^m men..? ,heir PoUo;l&tK,Te' 'r,^X«:'^„r^^^ puT. Jo's,'; 'm' P-teencU., and di«„,r,h?S^^ ^I^: Mdb„„r„e that I have £ca, ad Voto-Ea™. ."p '' '° ^" and lerritorial Revenue, of (KeCroiTn. '""«"''" "w """al The- reader is „o«r .Lut to enter upon the most violent and certainly the most eve'.ful. „" struggle that has ever taken place i„ „„ No , ' Ameracan colonies; and as I have no hesitatb^t confessing, that, by retreating before the-Repnblican he contest could have been avoided, I beg partLu lar attention to the subject. gpa")cu The subtle, persuasive eloquence of Dr Rolnl, Sr:i"l!rjM-.--^--nntL' ligen^ people, justly^ beUejre th^t from th( ofmjr Executij entertained/ not object, for 80 Jo] tutiohal advice, I lated, induced many ifo Ifent he became a membS I was lost. However, I Jhtest apprehensionron the ^^ouncirafforded me consti- ^should be too thankful to # /■. y ^65 V Bve it immediate consideration ; and, on the otHei- b^d, standing as I did (tq,. say the least) totally vithout support from any party, I felt confident kftt ^f the Council should attempt to force upon le unconstitutional proposals, it would be out of their power to deprive me of that inyincible moral Swer which always rushes to the vindication of a Just cause, , ■ " With the members of the Council, however, Dr. . lolph, who I soon learned was the bosom friend and confidant of Mr. Speaker Bidvi^ell, did not plead in Ivain. Aware that in..#e House of Assembly there stood in array an irresistible majority iii favour of me republican principle of rnaking the Lieutenant- GGvernor's Executive or Privy Council " respon- Pible to the people," the necessity of my making Ihii concession appeared to be inevitable ; and calcu- lating therefore that, situated as I was^ I would not venture to refuse, they at last agreed together to ad- Mress to me a written requisition to this effect. ^¥|ii#^^^^«d this unexpected document which , ^ ^Iprfcsig^ied by all the six members of ylie eo,i^il,tr^saw no reason to be alarmed at it. pa^I was senteuce|to contend on the sdil of America Iwitli Democracy: anl that if^aia not overpower it It wolTld overpower me, wew solemn facts, which for 9ome weeks hal been pel^ctly evident* to U mind • ^but by far yhe inos^ffic altip roblem T faad^t o s olve „ A -S-J,^. ■?:•'> "i^^" ,66 was, where \ ought to make my stand. To involve . myself in a struggle with the House of Assembly, J about any one trifling concession, would, I knew, have brought the Home Government down upon me with all its power ; the province might also with some appar^ht reason have complained; and thus, bit by bit, and inch by inch, I felt I might be driven to abandon constitutional ground, which, once lost, could never be reclaimed. It was therefore, I repeat, with but little apprehension that I found my Council (^yho I knew would be immediately backed by the House , of Assembly) had called upon me at once to sur- render to a democratic principle of government, which I felt, so long as the British flag waved in America, could never be admitted. I accordingly ^ declined to accede to the deil^winds of my Council, who, taken quite aback by wy refusal, were no sooner politely bowed out of my service, than I received from the House of Assembly the following address, to which r gave the reply which follows it :— " Hanise of Assembly. ' *' To His Excellency Sir Francis Bond Head, Knight Com- V mander of the Royal Hanoverian Guelphic Order,. and of • the Prussian Military Order of ^erit. Lieutenant Go. vernor of the Province of Upper Canada, &c. &c. &c. f3 " May it pli^se your Ex, ^' " We his M&jesty's dutiful and loyal subjects, the Com- mons of Upn4t' Canada iu provincial Parliament asseniSed, humbly beg leave to inform your Excelldncy, that this // \'r' 67 ' ; House, considering the appointment of a responsible Execu- tire Council, to advise your Excellency on the affairs of the province, to be one of the most happy, and wise featui-es in the Constitution, and e'ssential \o the form of our govern- ment, and one of the strongest securities for a just and equitable administration, and eminently calculated to ensure the full enjoyment of our civil and religious rights and pri- vileges, have lately learned, with no small degree of anxiety, that the Executive Council so recently formed for the purpos^ above stated (as we presume), consisting of six membersT did, on Saturday the 12th insfant, unanimously tender to your Excellency their resignations, and that your Excellency was pleased to accept the same; and humbly reques^ur Excellency to inform this HouC without delay, whethe such are the facts, and also to communicate 4o this Housi full information relative to the cause of disagreement be tween your Excellency and your said late Executive Coun- cil, as far as lies in your Excellency's power to make known ; as also to furnish this House with copies of all communi- cations between your Excellency and your said late Council, or any of them, on the subject of such disagreement and subsequent tender of resignation." , V (Signed) M.'S. Bidwell, Speak^^^ Commonk' House of Assembly, >^ ^«trc^ 14M, 1836. ' V His Excellency's Reply. " Gentlemen, ' JTothing can appear more reasonable to my mind than siirprise and anxiety which the House of Assembly ex- Tess to me at the intelligence they have received of the sudden resignation of the six members of the Executive ^ounpll; foir with botli these feelings I Was myself deeply J "7T3 ^ ■^ "W 68 impressed, when fiTmiy relying bn the advipe, assistance, and cordial co-operation of my Council, 1 unexpectedly rejceived n \rfiSiffteff^™''"'^ document which, with my reply ttieK0lfmmrU th^equest of th6 House of Assembly, wiUmgly present to you. With every desire to cpnsult my Council, I was preparing for their consideration Important rental measures, whiph I conceited would ^e advisable to adopt; and had they but afforded me those few moments tor reflection; which, from my sudden. arrival amongjou, I fancied I might fairly have claimed as my due, the qultjion, which so unnecessarily they have agitated, would have proved practically useless. „ . " Hatf they chosen to have ve^Uy submitted k^e in Council, that the responsibility, ^consequenUy tMmwer and patronage of the Lieutenant-Goveraor oughtmce forward to be transferred from him to them-had tbey^L m the usual form of a written petition, recommended toll ^^n as a new theory, t^t the qj^uncil, instead of the ^ei^or, was to^ respoiisible to the people-I should .^ave raise4 no pbj^tion whatever to the proceeding, how- '^er in optaion I taight have opposed it; but when they Simuhaneously declared,, notr^hat such ought to be, but hat ,uch jctually w^the law of the land, and concluded heir statei^^. praying t&a C^upcU sworniu secrecy r """^t^ Permiffd,^case I disapproved of ^ ^r'Jlr^^r ""^**'' '^the public, lilt iX .t^iK 1*°*^ ^''^ ^"' '°"^*^y' ^ ^»fo''« them, that * i^fPd * '^^^ ««°h- principles together with my con- fidenc^ and to this opinion 1 continue steadfastly to adhere "I feel confident that the House of Assembly will be' ^nsible that the power intrusted tome by our Gmcious Sovereign ,8 a subject of painful ^anxiety j^that ftom the 69 patronage of this province I can derive no- advantage • and that I can have no object in retaining undivided responsi- .^bihty. except that which proceeds from a just desire to be constitutionally answerable to hi« Majesty in case I should neglect the interests of his subjects in this province. With these sentiments I transmit (o the House of Assembly the documents they have requested, feeling confident that I can give thAn no si^ proof of my desire to" preserve tkeii' pri- vileges mviblate, than by proving to them that I am equally determined to maintain the rights and prerogatives of the Crown, on? of the most prominent of which is, that which I have just assnmed, of naming those Councillors in whom I conscientiously believe I can confide. * " For /A«y acts I deliberately declare myself responsible • but they are not responsible for mine, and cannot bo' because, being sworn to silence, they are deprived by this fact, as well as by the Constitution, of all power to defend themselves." .1. The Ibregoinff documents I forwarded to the Co- lonial Office witli the following despatch. No^. 15. Toronto, March 18W, 1836. My Lord, I have the hdnourto inform your Lordship that on Saturday, 12th ibstant, the six members of the Exe- cutiveCouncasiddenlyaudsimultan^ouslyresigned— tW a majority i>f twenty-seven against twenty-one of the House of] Assembly very resolutely espoused their cause— thit all business in ttie House was sus- ';-* i « %.J:X' i 70 pended untU my answer to their address was re- (^eived-that a public meeting has been called on the subject, at Toronto-^that similar meetings will pro- bai,ly take place thfoughout the country-and that the whole province is, and for a short time will be in a state of very great excitement. All this will, I firmly believe, be productive of the most beneficial political results, and I now pro- ceed to submit to your Lordsfiip a plain statement of the whole affair. In my despatch No. 9. I stated to your Lordship that almost immediately after my arrival here, the old Executive Council represented to me the ne^^- sity of increasing the number which was not only barely sufficient to form a quorum, and, consequently in case of the iUness of any one member would be powerless, but that the Commissioner of Crown Lands rom being one of the members, was obliged to audit Ills own accounts. In my despatch alluded to, which I beg your Loidship will be pleased to re-peruse, I detailed the ly^hereto; ericiosing; "^* ^' S. T1.6 communitation |Jmd received froB» the executive Council^and ^ * •* ' ^ ' 4. % reply^thei^to. , - \^ ., , /^ ^ ^.■' c ^1 *'■ • ,> . !^ ■T ,■ J. ,* ti 74 € ia •f Having submitted to your Lordship the fore^oiiijr documents, I beg leave to repeat, as my humble opmion, that the greatest possible benefit will be derived from the dispute I am having with this pro- vince: for if truth be invincible, it will "follow that the effort which is making to oppose me must even- tually be discomfited, and among the description of people which I have to deal with such a result will be highly important. On the other hand, should I be defeated, I trust your Lordship will never regret that I did not hesi- tate to maintain the rights and prerogatives of the Crown. I also enclose herewith to your Lordship, an' address I have received from the mayor, aldermen and commonalty of the. City of Toronto, with mj * reply thereto. ^ ■ I have the honour to^be. My Lord, Your Lordship's obedient servant. The Lord Glerielg, &c. &c. &c. ^' ^ ^^""'^ ' As soon as the Constitutionists were convinced by the principles I was maintaining, that notwith-' standing Afr. Hume's pestilential letter ofi-^,„J mendation in favour of Mr. M'Kenzie (who had jpenly boasted of it), and notwithstanding the sus- Jiicious appointment of Dr. Rolph to my Council ■ 75 A •■ ^ I y^asmt. as had been generally supposed, a demo- crat, they most loyally, one and all, joined „,« to a man. Moral «,ar „as thus (as it long ag« ought to have l«en by lus Majesty's eovernmenty oLly proclaimed between the Co„stit«tio.H«s and the Repubhcans; or, in other words, between those who were for British institutions, against tl,ose who were for sodmg the empire by the introduction of demo- cracy; and I need hardly add, that the approaching struggle was most anxiously looked upon by the other North American Colonies as one on which their own political destinies depended. I was, of course, too much occujiied to be uble to write to the Colonial Office at vWy great length: . however, on the 6th oft^prU, ,836, I forwarffd a desp^ch which, comraencipg wTth detailing events which having already been submitted to the reader it would be tedious to recapitulate, proceeded as fol- lows : — , /* EXTRACT. ,t Many of the addresses I received on thissubiect had evidently proceeded from the same pen. and had the influence, which was thus exerted, continued to be secret, ,t might shortly have , producell such pow- erful effects, that I- might have found it almost impossible to have opposed it ; but, very fortuaatelv the power exerted against me was too, eager »f„r its" object, and the battery was unmaahcd before the enemy was sufficiently organized-to man it. ,'^- -f i : \fl' s >l "* at 76 My Executive CounciUors themselves suddenly claimed the responsibility which had hitherto reeted with the Lieutenant-Governor ; ^d on my requijing them to i^esign, an excitement suddenly burst, forth in t\^ Houfle of Assembly beyond all description. ; The republican party fancying that their object was attained, and that I was caught in the net which had been soinsidiously drawn around me, Were exasperated aTseeing me suddenly extricate myself from it, ar)d the House addressing me on the subject, instantly suspended all business until it had received my rfeply. ^ ^ The^hole correspOrldence on the subject, some/ ^ of which has already been forwarded to your Lord- >^ship, I here anne^ in a printed form : it cofifains— "1. The address pf the House of Assembly, "2. My reply thereto, ' ' * " 3. The communication addressed to me by tfi^' , Executive Council. ^f 4. My reply thereto. ... ' . * f */>. An address from the mayor and .l^bimon ^ cduncil k the Gity of Toronto. * "6. My reply. _ . " "7. An address, signed by the mayor, f^'om'Sa public meeting held in the city hall. • " " 8: My ireply. , *' 9, An address from the House of Asseiibly. "10. Myrep^ly." I trust that'^^he ton'fe of my answers t^ the above #. ' .«t ',ft^^- .4" K^^'''l '4^ ^ 77 v' -n communications will sufficiently prove to your Lord- ship how desirous I was to^offer all possible expla- . mi09, and to do everything in my power to govern and to be governed, by truth and reason. _ At the time I conducted this correspondence I warperfectly sensible that I wa^ friendless; for ihe republican party had proved th4iseVes to be impla- ^ cable, and the constitutiona/p||.ty I had «fused to .jom : however, seeing tl^ tff moment had now arrivfedfor resolutely assuming my position, I awaited the result of the conflict with a perfect confidence, solely proceeding from the justice of my cause. The success of these mwisure^ has, I can' faith- fully assure your Lordship, equalled my most sanguine • expectations. ^ Every newlpaper in the Upper as well as in the Lowe, Province, excepting ]V|^ M'Kenzie^s ^dmeafe ^nd.one other, has iii the most unequivc^cal terms supported me in the doctrine I have maintained ; the constitutional party have joined meto aman, and in the numerous addi^ses I have received are the names of many influential individuals who have hitherto b^en opposing the Governmeilt. Indeed, I c^n truly decMre .that the intelligent classes of every denomination are t rallyingaroundme:in a manner^^ which /ully corro- borates the statement I first made to you on arriving ' m this province, namely. *^thataU that is good and estimable remains at the bottom, while tjie surface 18 agitated by factioua discussions." A —p I ■^v** "/ > ^> *^-'-^^* "^ * r -i. S»# 78 • ^ ■ r A very striking example of tbifif^^ct ftccttrred on Saturday last. ', „ As soon as the late Executive Councili-esigned Mr. M'Kenzie and his party, at an imnienseiexpetise' forwarded to every part of the province printed copies ^ the annexed circuhir, almost all of which were ' ,. «*|atfked by members of the Assemlbly. -This docu- ment, as your Lordship wfi observe, ended by a ' -, printed petition to the House of Assembly, which / only Vequii^d the ijifeion of the name df the town- ship and of the subscribers. As soon as this firebrand was 8up|Iosed to have caused sufficient exciteflient, the four members of the Metropolitan.Countypf York, namely,* Mr. M'Ken- zie. Dr. Morrison, Mr. Gibson and Mr. M'Intosh, issued another notic^ (which I also annex) dated House of Assembly," and calling a public meeting to be held ten miles from Toronto on Saturday last. •> > As this ^uatry has been supposed to be under the complete influence of Mr. M'Kenzie, and its othermembets.it was agreed upon by tiie constitu- tional party, that, as they might be ovefpoweml by numbers, they would not attend, and accoi-dingW it was expected that the Radicals would completely carry the day : however, the reply I had written to the ^^^"Z.^^: '^'-'-- «i-.ith.bee„ .ied > .,^- {♦ -^: 7Q ind^,^ri„„sclasae^„f Toronto •;„,, been ...ueh read^ ^d «ceori,„gly.„hen the n.eeting a.se„,bled on' SatMay an unexpected result took plaee. , / Mr.M'Kenzie totalJv*iil»j;n ~ ■ • -/ Toronto wa^ collared and severely shaken, aid the w ole affa,r was so completely stifled by the ind^ • nation of the dpohIp il^af ♦! . ''^ maig- without the L f "^'"'"S '^"s dissolved t .! t '^ "« "'^ " ''"S'« resolution. Wed, and then u-ent through the form 6f carrvin. their ready-concocted resolutions^ ^ ^ - Theeflect«.hieht).i, unexpecte^d defeat will pro-' duce th^ughout the province will. I L ^Zl cbnvmc^ eventually break up the radical So«^ and ar4on as I have an opportunity of^^tinfri «i>e other, for a more honest, well-meaning yeomanrv ami peasant-y cannot ..xist than his BSHub jects m this noble province. ^ It i. out of my power to describe to your Lord- P. w..ho„t the appearance of exaggeratL th^^ cone al from y<,„rUrdd,ip that there is one ouestiL '0 almost everybody, mouth, namely, " ^H" /.. /" Lieutenant-Gmernor'^he supported by the Hume Go- vernment r " He never will !" say the Radicals ; '\ TTefear he mil not /" say the Coiisti|uti0nist8. Your Lordship lias to sett^fe this question, and in my humble opinion upon your depisiqji rests our possession of the Canadas. \ I havej the honour to he, | My Lord, Your Lordship's most obedient servant, < F. fi. Head. The Lord Gienelg, &c. &c. &c. The war which raged against the Executive Go- vernment of Upper Canada, in the House of Assembly, could dnly be explained by a publication of the vio- lent speeches of the Republicans, which are much too long to be here inserted. Suffice it to say, that the republican nmjority adopted an address to the King, signed i^arsmi S.Bidwell, Speaker, in Which his late Majesty's attention was calljtjd to a kepoi-t which the House of Assembly Bad adopted, in which it was declared that my "ear was credulous," my « mind poisoned," my " feelings bitter"— that I was "despotic, tyrauriical, unjust, deceitful," that my conduct had been.^ ^erogatory to the honour of the King,'' "demoralizing to the community." and ttfat I had treatea the people of the/ province as being " little^etter than a country of rogues and fools." Not^satisfied with this attack upon m/character, the ^>7 ' 81 .( House a(lopte4 a long memorial to the House of Com- mons, signed Marshall S. Bidwell, Speaker, m which not only was the same oflFensive report sub- mitted, but it was further stated in the memorial as follou's : — " It is with pain, disappointment, and humiliation we notice the reiterated declaration of his Excellency to con- duct our affairs without the advice of the Executive Coun- cil according, to his own will and pleasure, which his public acts have already proved to be arbitrary and vindictive. And this view of his sole ministerial power and authority, with a nominal responsibility to Downing-street, he has sus- tained before the public by. mis-statements and misrepre- sentations so palpably opposed ta candour and truth, as to destroy all hope9 of further justice from his government ^^'^ other instances of his deviation • from candour and truth, &c., w^er to the appended docu- ments. \ ■ ' '■* '■ / ' , I (Signed) « Marshall S. Bidwell, Speaker." • >, ) As this Mr; Bidden, y^m the well-known leader of h.s party, as he was generally supposed to have ten the^framer of ihe a^a against .„e to the King, and as he was at altevents the ofiScia] organ ofa House of Assembly which had heaped upon me such unparaUeJed ab*e, the reader wiU hereafter lekrn ^mstead of .^pporti^d by openly resenting hi^ , ^ »„. i *. \ i^^ 82 conduct, desired that he should be publicly exalted to tjie Judicial Bench, by m^ whose station of representa- tive of the King he Ud so grossly insulted. But as this will form the subject of a distant chapter,-! will at once regularly proceed with my narrative by stating that on the Assembly stopping the supplies, I with-' held my assent from all their money bills, and even from their own contingencies, on the principle that as nothing but a storm of agitation could now sett|e the weathei-,it would be useless to attempt to suppress it. In the followmg despatch, I will, however, request the readers especial attention to and recollection of the solemn warning it contains. My Lord, '^<>ronto, 2Ut jjpril, 1836. I have the honour to tmnsmit to your Lordship tm> addresses from the House of Assembly to his Majesty, as also a copy of one to the House of Com inons reprobating in unusual language my coiiduc^as Lieutenant-Governorof this province. Ihave also to inform your Lordship, that the House of Assembly have deemed it their duty to stop the supplies-that in consequence of this proceeding, I have'Lr.ved ali their money bills forthe considerationof his Majesty ■^"■'••f-'' and that I have declined to grant thelf contingencies. I also inclose to your Lordship a copy of my speech on proroguing the Protrincial Legislature. Under these circuni8||^s, I feel it incuml^ent to^bmrt to your Lordfiira plain stWment.of the whole affair. In my de.pateb No. 3, to yow ^^rfshiR, dated ' 5th February, I stated as follows .-.^ •■ A, far as I have been able ti judge, I'should «,y that >h, repubbcan party are implacable, that no concession whatever would satisfy thein, their Self-interested object beu,g,o possess themselves of„lh, govemmen. of this L imce, for the sake of lucre and dmoluraent." ' Inray despatcli. No. 9, dated 22nd February I stated to your Ixu-dshinas follows :— '■ Having now ii,f„r„,ed your Lordship of the individuals 1 have added to the Executive Council, with the circum- stances >vh,cb have preceded their appointments (which I trust may be confirmed), if „„,, rc^aips for me to state that although tranquillity in this province is, j cpnceive, now momentardy established, I do not exp,et that*fhe pre-' ^^nt House of Assembly will Ipng di«ontin.|e their agi- " It shall be my duty, however, to afford them no reason able cause for complaint To their addressed, as well .. aff rd them every assistance to correct all re,l grievance.; not oply stfengthen lhe,r de«„ds, but ^ea jep my i„fl„. r»« .m (ho provi,ce,t|,af I shall con.jnMe ,^o , "| 2 ,- ' -'^ II notoriou? republicap this description of fcmself ijDtohoticeby pplayed in-inventing cal associates acutely i^isrepresentations would by degrees Jecludedin the back- lent -for political in> was strongly encou- I's apron, and to set pew, Mr, M*Kenzie's ceall^, almost super- jr of wood, wind, or , B 1 ♦ / 1 t' '- r \ \ im ..•^- > « IMAGE EVALUATION TEST TARGET (MT-3) 5" ,M' «•. :/j > , V 1.0 I.I 11.25 " ■;£ ^ III 10 12.2 14. 116 r» VQ Vl ^/ *3 ?•«> > > >> y yS _Scierices Corporation ■*tisi. 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 ^' '\ 84 • have hitherto do^Niny demand that may at all tend to undermine the happy ^bn^tution of the province/as I be- lieve that this policy will eWtually secure to the Lieute- nant Governor of Upper Canac£\whoever he may be) the confidence and support of the community," To the foregoing opinions, expressed to your Lordship, I firmly continue to adhere, and refer to them for the object of proving that the political state of this province requires no deep experience, but that its moral was evident to me before I had been a month in this capital. The speech I yesterday delivered on proi^guing the Provincial Legislature will sufficiently explain the attempts I have in vain made to carry into effect the remedial measures with which I was intrusted. I will, therefoije, only shortly observe, that the Griev- ance Report remains unopened— th^i not one of the remedies your Lordship prescribed has been carried into eflFect; that, in fact, this Grievance Report was nothing but a revolutionary ignis fatuus, purposely created to deceive the British Government, and that, as I stated in my despatch, No. 24, dated 6th April', " far from desiring to remove these grievances, the republican members deem them the fulcrum for sub- verting the government, and for destroying the con-'^ stitutional liberties of the province." The decided measures which your Lordship took promptly to correct the alleged grievances which were brought beforep^iave had the happy effect of break- ^' > v»' 85 / ing up the fatction which, from want of finnness, has long been undermining the constitution of this pro- vince. Its enemies are now unmasked, disarmed, and discomfited, and the inhabitants of this country are now indignantly exclaiming, as Cromwell said, *) You who are deputed here by the people, i& ^get their grievances redressed, are yourselves become their greatest grievance r If the sentiments contained in these petitions from the House of Assembly were really the senti- ments of their constituents, this provincfe might justly be said to be in a state of revolt ; whereas the fact is, as I stated it to your Lordship in my despatch No. 24, " that a burst of loyalty will very shortly resound from one end of the province to the other, as a more honest, well-meaning yeomanry cannot exist than his Majesty's subjects in this noble province ;" and for a proof of this assertion, I refer your Lordship to the enclosed addresses I have already received. Your Lordship cannot but remark, that, for the first time in the history of this province, the supplies have been stopped — that the whole country has thus been thrown into confusion, and that the period selected for this violence has been my arrival with your Lordship's instructions to correct all the griev- ances of the counti7 ! Had the object of those who have styled themselves Reformers h^ew reform, your Lord- ship's instructions would have been hailed with joy ; instead of which they have been repudiated by the Republicans, as the enemy of their hopes. •t^ l:^ u , m i" , Thfe case is fortunately so clear iU^ to be conecM'. , a ' . "^'"''''icans were ordered . to unveil their '„al object S ^ 'T ^'^'"^^ ' mn nor les, tl. "•''''"•."''"='' ^as been neither . patronage ol^rc:„r."'^' "'-"*''« ----^ the Executive Council beZ r^ ''''""""'"'8 "-"t to the people • or in l!* ''™f ""^"^ "'Ponsible , the .ctroAh; I ; en ior • '" "'^'""'"^' ^^ ■•^-:d::^tt™:::o5rS7if'- I'cans who have been alWerf to agit^ ll ?„??" province-facts are useless -.n^ „ "''''' If .1,. J .• > I "sejess, and argument poiverkss ' If tlie duties of the Lieutenant-Governor of .1, ! ' vince merely con.i.ste,l in hii'bein/irr I ^"" threeof theColoniu I.iatt.CntThr °' 'here could be lio more Reason Uy Hist; 7 gov^med by an Executive Council than tht . n.Wy «. thei.s„ktiveCoui,cil; but, beside, t^e "87 Lieutenant-Governor's statidn in the Provincial Legis-^ ture, he has to guard the lands and property of the Crown: in short, .he is the only inclividual in this colony competent to consider the interests of the British Empire, of which this colony is but an atom. The Executive Council are his Privy Council, to give him sworn advice when he wants it, and not to " encumber him with help" when he does not re- quire it. If I had been governed by my late Council, the constitution of this province would at this moment be subverted, for it will be evident to your Lordship that the unanimous demanul they made upon me was contrary to law. tkis doctrine was, in 1828, clearly explained by Mr. (now Lord) Stanley, who, in reply to Mr. Roe- buck's motion, " That a select committee be ap- pointed to inquire into the political instate of the Canadas," declared as follows : — " The first point to which the Honourable Mem- ber referred, was, the constitution of the Executive Council. It may, perhaps, be necessary for me to inform the House that the Executive Council is a body acting in the nature of the Privy, Council in this country — advising the governor, but not respon- sible to him, and forming a council against whose opinion, as well as with it, he may act " My Lord, 1 moat solemnly] declare, as my deli- berate opinion, that if this doctrine be ever subverted, . 1 i n ._:.j;..-. " t'^'x 1 , . t m -» .4 • ■ 88 demofraej/, in the worst mssiUe. z-^. •» ' . our CoUni^,, The iSC^^^^ .^''^'f '« SEHTINEI., and if he be disarm.rf^il '" ' received from the Imp^HamT "^h^Power he ha. I S. ii . . *^ *mpei al Parliament, and be fettPi-pH by his Priovincial Council fb^ R in "^'^"eied . If the power (if the Lieutenant-Governor is to I surrendered, I resnertfuINr ^ojeinoi is to be he ^nn. • I "T'P^^^^^^y recommend that the deed As the subject is of vast hnportance, and «* / & this province have in tliP,'.. ...4-.- "' f^^sembiy of <'eavouredto»t.ai„\;:;^r"''"^"'"'"''^-^"- ■;;/ r. ^"* "«' Rop-'Wicans in the House of Assembl^ onier, gi„„ bTkr ftl iror' • """ "•™"''""' "■• - » " , \'_ .,.. ■■%, ■ _^ , ;. . f - • ferr- - / ^ . were unable to amwe/^Be c6r,^spo„resol«tio„8 U.y Have lately forwarfed to the Gove« Z language coutamed i„ the Grievance Report o/ thi! FOvn*e ,„ the petitions „o,v forward by I - !!h""m t'T"^ "^ ^PP"' ^"'«''' "K^M' ■»«. »nd .n Mr. Speaker Papineau's letter to Mr. Speake; Bidwell are ,n ™y humble judgment subversive of all discipline, and totally irrecoqcifeble with the ^allegiance due from its polpnies to the British , I /eel qnite confident that if such language be' «ce.ve<| by his Htfajestys, Government withLt a stern rebuke ,t will be aggravated ; and I therefore earnestly «»pre6s my hope-that yoor Urdship will deem ,t proper to>g,^„,, «. reception „*,-// i, t^iearer of y««, remedial measure,, have met mth by the Home of A.,emhlu. ^ thaf ym «,iU 6u Smr e^e»,io»s Jirmli, "'pport «. i„ the courTe ^ nave pursued. . , , I have, &c. 1 he Lord Glenelg, &c. &c. &c. /«• , ■I ■ 5^ . v« _ Tl.«;rea^' • 96 20th of March, it was detained by Mr. BidweU , until a few hours before I prorogued ^he Legislature, and then by him laid before the House of Assembly of this province. I take this opportunity of mentioning to your Lordship that the House of Assembly lately ap- pointed three Commissioners to meet Mr. Papineau and the other two Commissioners from the Lower Province, and that the individuals named f^r this unconstitutional object were Mr. Speaker Bidweli, Mr. Perry, the chairman of the committee to whom' was referred my correspondence with the Executive Council (a gentleman who has lately uttered most violent language against me as well as against the British Government), and Mr No. 29. ■, ^' Toronto, April 28th, IS30. My Lord, I have the honour to enclose to your Lordship a cop3^ of the minutes of the Jgxecutive Council, by which it will appear tjiat, in withholding assent to the money bills, and in declining to grant the contingen- cies of the House of Assembly, I acted with the ad- vice of my Council. One of my reasons for not granting the contin- pncies was, the knowledge that a large sum would be granted out of them, by the Assembly, to sefad an ^ 97 agent to England, which I have good reason for know- ing they litid determined to do. I have just learned that Mr. Robert Baldwin, one of the Executive Council, leaves Toi-onto thfs day for London. It is stated that l)e goes there for the re- covery of his health ; but it is acknowledged by his party, that he will be prepared to answer any ques- tions which the Government may fed^sposed to put to hmi. ' * ^ The system' of sending agents from the British North American Colonies, and their being received by the Government, is one which I feel confident your Lordship will discountenance.* The House of Assembly, or the Legislative Coun- ci ,or the Extjiiiye Council, or any individual in the colony, have a institutional mode of making accusa- tions against fe Governor, to which accusations he h'is also a cpi^titutional opportunity to reply. ^ Should thfe not be deemed sufficient, and should the novel course of receiving agents be adopted, then I subnut that, in common justice, the party complain- ing should appomt one agent, and the party com- plained of another, but that one should not be heard without the other : the inconvenience of such a system imist be so apparent, that I feel confident your Lord-, ship will not approve of it. \ ,MoZ!^' ^Imost single instance my recommendation was most strictly compiled with. H /' S: 98 i . The mere fact of its being supposed that the r^- volutionary party have an agent at home, who is successfully undermining the character of the Lieute- nant-Governor, will give great importance in this country tp Mr. Baldwin's residence in London; and I therefore hope that, should he, directly or indi- rectly, communicate with the Colonial Office, your Lordship will give him that style of answer, a copy of which, transmitted to me, and published in this country, would at once put an end to that sort of left-handed attacks upon the constitution: I have the honour to be. My Lord, &c. rru T ^- ^- Head. Ihe Lord Glenelg, &c. &c. &c. "'> No. 38. Toronto, May I9th, 1836. 3. My Lord, I have the honour to transmit to your Lordship an address which was this morning presented to me by a deputation from the electors of this city, with my anpfver thereto. I would direct your Lordship's attention to the fact, that, at the last general election for the city, the total number of votes that were polled amounted tp 512 and that to the present address there are attached no less than 461 signatures. y have also the honour to transmit an address from 99 tl.e eJ«eto« of ,,, ^^^^^y ^^ ^^^^^^^ ^^ ^^^ .^^^ ^^ Speaker B,4>vell and Mr. Perry (the chairman of the committee, who drew up the report on the correspond- ence w.th my late Executive Council) are at present tl.e members. It will explain to your Lordship the reaction which is taking place in this province. I may also observe, that I have this eveninir^. ceived official information, that 1200 electors of the Gore district are coming down in a body to Toronto to present tame. in person, an address, strongly sup- porting me in the measures I have adopted. I have the honour to be. My Lord, Your Lordship's most obedient servant. iu T .^. F. B.HEAD. The Lprd Glenelg, &c. &c. &c. No. 40 Toronto, May 28M, 1836. My Lord, I have the honour to transmit to your Lordship a copy of a Gazette Extraordinary, by which it wUl ap- pear that I this day dissolved the Provincial Par lia. ment. The new elections will be concluded on 27th Ju«e, The number of signatures attached to the IwJ addresses which I have received alrekdy wn6unt to ^,100 ; many others are on theiKway. h2 \t. . w , 100 Toronto, Matj 28///, 1836. (Private.) My Lord, My official communication of this day's date will mfonn your Lordship that I have this day dissolved ■the Provincial Parliament. Of course a most violent contest will take place, and I need hardly observe that it is one upon which our possession of the Canadas may almost be said to de- pend. V Sensible as I am of its importance, I feel calm and tranqml as regaMs its result. In South America, truth and justice carried me * through difficulties even greater than those I have now to contend with, and I have the firmest reliance tliey will again be triumphant. ' ' - I enclose to your Lordship a printed cqpy of an answer I this day gave to one of the numerous ad- dresses. In all my other answers I have been cool and calm • but m this I have made an^exception, because I have' long determined to notice that letter which Papineau aidressed to Mr. Speaker Bid well. The fact is, Papineau as well as Bidwell, and all their party, have long endeavoured to inculcate the idea, that the whole of the population of the Canadas are « unil^i to a man "-that they only tolerate the British Go|ernment, and that, consequently, they can throw It off when they please. Now, I think it h%hly necessary that this artful .-Sa';'' - . 101 .pell .houM be broken-.hat the truth should be proved, and I have the«>fore done so effectually I am quite sure that my answer • will doPapineau the greatest possible injuiy; for ft „„, .J^";^ heory to have been false. It ,^111 re-animT the oyalis s; and .s our militia regiu.ents all astembl for a few days on the 4th of June, the appea w, . s^rthem up. and turn their votes in the right dir^c- _ I am aware that the answer may be cavilled at in toHoyle. m,,. mo„ seigneur, croyez-fm, done lit^is ^possible to put down repubiic^is™ by sift 1 have only one moment, as the mail is starting. I remain. Your Lordslup's faithful and obedient servant. The Lord Gle„elg,&c.^c.&c.'''^"'"' ■^--A IT-e reader will have obsened the heavy difficulties England, ih^ following desnafr-l. „m1i PYT.1o;» *!, ^ It ° uespatcn wm moreover terns with the Commissioners of Inquiry i„ Lo,ver Canada, yet that 1 found it so n„eri; im'possib;: fo • « Let them come if tlipy.iare!' ■"^ 102 subscribe to the policy they were ordererf to -puruuei that I respectfuUy tendered to her Majesty's Govern, nient my resignation. ^, J . " Toronto, June Ul 1836. My Lord, I have received from Lord Gosford and the Com- missioners of Inquiry, a copy of their repo^ to your Lordship on the Executive Council, and I have had an interview with Sir George Gipps. who was here two days ago, on his way to Niagara. ^ It may have appeared strange to your Lordship that, during the short time that has elapsed since my arrival here, I should have twice respectfuUy tendered to your Lordship my, resignation of the station I hold The ostMble reason which I gave for so serious a proposal was, that my income and rank were in- adequate, as I still declare them to be, to the duties I had to perform ; but having read the Commissioners' Keport,and having conversed with Sir George Gipps of ^v^se talents and probity I am deeply sensible I havel resolved- to hesitate no longer to confess to your Lord^jlp. that I do not agree in opinion with the Commissioners of Inquiry; and that I have lone felt I should eventually embarrass them by remaining m this country. I should not do justice to myself! or a(\t ft-ankly towards your Lordship, the Governor- General or Commissioners, were I any longe; to conceal that, as regards their policy, I have not an id^a in common with them. 108 The' very first act of ,„y administration Was a deliberate departure from the course they adopted I perfectly well knew, and I stated it to your Lord' ship, that by not giving to the legislature of this provmce the Commissioners' version of tlieir instruc- \ tions, I should seriously embarrass them : at the ' same time I could not make up my mind to conceal the truth, and I therefore promulgated the instructions themselves, in puris Haturalibm, although I was q sensible it might cause my recall. In the Commissioners' Report respecting the" Executive Council, they build their recommendations on the foundation, "that thg weightiest account^. bi% which can attach to any man, in matters of a public nature, for which he is not punishable bv law, or by loss of office, is accountability to public opinion." ^^ To this doctrine I have never been able to sub- scribe; on the contrary. I have always considered rtmt every man in office should make public opinion loflow htm, and never attempt to follow it. However, upon this foundation the Commissioners- project plans which, consistently with their theory are avowedly framed " to secure as much as possible . ot the confidence of the people." In the contest which I have had with the House of Assembly here, my argument has been that the Governor and his Executive Council form the «eat constitutional counterpoise to the representatives of • the people; and that in proportion as the Provincial »vith whem. I am sure, it is highly advisable 1 should concur. As long as J could continue neutral, my opinions were concealed in my own hreast, hut every hour drives me to the necessity of taking decisive mea- sures ; and as the Commissioners and I are nojv acting in opposite directions. I feel quite confident tliat sooner or later the principles which gwern us must be suspepted to be different, and that, tl^e mo- ment the truth is elicite^, embarrassments of a very serious nature must ensue. The British population «t botKthe Canadas is now leaning with its whole weight upo\i jiie, instead, as it ought to do, upon the commissioners ; I therefore feel I am doing Ms Ma- jesty's Government more harm than good-that bein^r the lesser power I really ought to retire-and I have no hesitation in recommending to your Lordship that I should do so. ^ There exist, in the Commission of Inquiry, opinions openly promulgated^ which many may term liberal to which I cannot ajd never v(i\\ subscribe ; bi*t far from wishing to oppose them, I only desire to dffer . to your Lordship to yield to them the field. I have, &c„ rru T J r^. ^* ®- Head.' The Lord Glenelg. &c., &c. &c. \- r. lifr • MMi,ghfn the foregoing _de,p».cl. 1 divulged to h,. ^M.je,ty, Government n,y opinion conirning which extended to Upper Canada, yet in doing ,„ I felt It but right. I.,_,„ tender my resignation; «..d, Sndly, to make the Co,nmi,»ion^aware of the •opmion. I entertained, by commWcating them almost literally in a letter to Sir ChuZ^I A. h»Maje.,y.s Government, in reply tojyeom- mumeahon. decl.ned ,„ la^ n,y resignation before the Kmg leould not, as I desired. -. yi.ld to them the field ; ■ and as the Government di.l not ealHpJ -ne to explain my meaning, I had no opportunity of omg so : but as the despatch has nowWn.e ih- n 1.C.I eel ,t a dutylo^e to the Commission L. "^ cisely tb explain my meaning, "^ In the Commission there existed one gentleman of -vhose talent and probity I have already spoZ •. I.«h terms. ,Hi, *i,i,ies were goo,l. L'p;., , f wr..mg uneammon. but his political principles y/ere offens-ve to ah..st the whole of the British popula- el .'^''/™'''»"' (-!'-'' »-'y nmst I,e k „w„ even in tins, country) with which he avowed them «a. a, ubject..of general regret; and althougi, I could not but admire th, honesty with which he "spoke h^ »..nd. yet when I found, that even at a largrpart^^ .p«ss^,ny,tedtomeethimattheGovernn.elH„ui ll '.'•'■ ^PP«' Canada, he advocated ijis prfn- e.plpso undisguisedly, that, on his leaving th^ ,1" %• \l A 108 "\. ,,^^^^ ^ eoeof .l.cpubUc6flW»™,l«erv«l.I„u,le„ough forme o .e.r hH„, .. That gentleman d,o«M be reLw r felt .t ,„y duty, though he wa. pe™,™Jly „,y «.„„, <» expreM «.h.t I .lid i„ my deapatch. an/h.vin. done thi, M to yield to him the field." " The feeling i„ the Canada, among the British party w« on thi, .„bj,«, ,i^,„ „^ ^^« J^^»\ a sublet of con«derable speculation to observe i„ ilZ " "t™"' "''" ""* '"''"™ "• l"^* honestly ejpressed such sentiments ,vould be received by the Co o„,«l Office; and they were equally astonished and d.she««enBd (to no one ,.„, the moral mo™ appainng than to nayselO. -vhej^ey saw it very sho^rSy 2 .nounced that, o„t o(^ whole populaLn of Great Bntam he was selected by his Majesty's Governmen o beplaced at the head of one of the most rising an, .mportant of our colonies. Q„ this appointment I h«ve no comment to offer, and I most deeply .^gret the.necess.ty which has called for even whaU have The following despatches on various •■b«& -ill speak for them(felves.# ^j-iu Mv Lord. Tom>^to, J^„el^%3^ I have the honour tc> transmit to your Lordshin 66w.i>ar,er publisHed here, entitled the Corresponl fdvocf^e, which contains a letter from [enzie, I^McU the following is an extract /' '#R^" %. 109 "Tlie peopk- of Lower Oinada and the Upper Canada IWbnner« enpecially direct their vitnvi to four JmliHiant objects, not one of ivhich vnll be con- ^ kjlieve. until it be too hte.> They are tlective Legislative Council; an Executive 1 responsible to pUSlic opinion ; tlie control over the whole i)rovincial revenue to be in the Le- gislature; and the British P<^rliament and the Colonial Office to cease their interference in our mtemal concemi." As the Republicans m the Canadas generally mask thfcir designs by professions of attachment to the mother-country, I think it is important tore- cord this admission on the part of Mr. M'Kenzie of the traitorous object which the Reformers of this province have in view. ^ I have, &c. F. B. Hgad. No. 56, ' ■ Toronto, Upper Canada, '.^J^ 8MJa/y, 1836. *My Lord, The important subject of this despatch is to inform pour Lo;:d8hip of the result of the elections which h^v^e taken place here in consequence of my having dissolved the Provincial Legislature on the 28th of May. , As soon as I determined on the 5th of March last "^ ^ "nf y':- '^^\:i'-^:^ , ■ '^:■- «\ ^' "■ , . -.,; N . *^ /Jv ■ -^ I'l .. . 1 ■ « ".:' K . '/)\::^ '■'v'v. ■ J ^ti> ^m ■ ■'■'(: '.■■■' ■ n: :t<--s X ' . • no to make a stand against the unconstitutional demands of my late Execirtive CouncilJors (which, as ybur Wdship IS aware, were strenuously supported by the House of Assembly), I became sensible that the only practicable method of breaking the republican party/ was by openi ng the eyes of the people to the traitorous designs of those who were leading 'them insensibly to revolution. " In proportion as the Constitutionists were ob- served to rally round the British flag (which I hoisted tor the first time in the history of the Province on the roof of the Government House), the Republicans leit It necessary to make on their part every possible exertion ; and as the period for the elections gradually approached, it became evident, to every reflecting man w Lgwer Canada, that by the conflict about to take -Rjace in the Upper Province, Mr. Papineau's power would either be materially increased or diminished inasmuch as in one of my replies I had noticed his' letter to Mr. Speaker Bid well as follows :— "But- as Mr. Speaker Papineau has thought proper to ' promulgate in this province, ' that the people of the Canadas labouring under the accumulative wrongs proceeding from' an Act of Parliament, unite as a man; I feel it necessary publicly 10 repudiate that assertion, by declaring what the state of opinion in Upper Canada really is. "The people of Upper Canada detest democracy : thev revere their Constitutional Charter, and- are consequently staunch m allegiance to their King. i;i;,fe,aiaii^ii .111 p " ^'"'»' "" P"'''^"J' »"»« 'I'at .here exists in Ae Lower Province one „,■ .„„ individuals who ineulca.e ,he Idea Z h.prov,„ce,s about to bo disturbed by the inte " its: *^ "°"- '""^ "'- "-^- -viH ;r "In the name of ever,r ^gi^^nt of mib'tia in Upper Canada, I pubUCy p„„„,„,,, ,^, ,,^^ ^^J_ Upper The elections commenced on the 20th of June «„^ .he struggle a, might be expected, was a de~ «..e I atn happy however to info,™ y„ur Lo^b that the result Itas been successful, and thTt tl' and justice have as usual prevafled In- the late Hfuse of Assembly the ii«,„«&a«. had a majonty of .&.«,: i„ ,h, ^^^^^, ^ of A sembly the C„««<„«<«,;,(, j J^ ^^ >pty-fi,e (there being now forty-five cCftu ..onal metubers and only seventeen republican ! In the late House there were thirteen American members; ,n the },resent House the,. are only seC one of whom is a Constitutionist. ' Among the ^^Republicans who have l„H their elcct,on are the following names : • "I. Mr Speaker Bidwell.' tlie twin or Siamese oompamon of Mr. Speaker Papineau. "2. Mr. Peter Perry, the most powerful, a, well i 7 an received thit despatch, ii singly Incomprehensible. ■v Asm'.-* « «,'.'. i i '^ . ' T Biiil. ! •\ \. \ 112 ^ the leading speaker of the Republicans; the chair- ii^n of the committee to whom was referred rty correspondence with my Executive Council ^. Mr. W. U M'Kenzie, the Chairman of the CrriVance Report, and ^rch-agitator of this province " ^ a single example of the reaction which has atelj taken place in the public mind, I may state that \he Solicitor-general, who is the leader of the constitutional party in the House of Assembly, was returned without opposition; that Mr. M'Lean the late constitutional Speaker, was returned at the head of his ppll ; while Mr. Speaker Bidwell, the avowed advocate^for republican institutions, was the lowest 01 the fo\ir candidates for his county. The e%ct whiclithe election has produced in this country, and the excitement it will cause in Ix)wer Carjada, I wiU not attempt to describe, but will only egress a hope that it mil, in your Lord- ship's estimation, sufficiently defend the course of • policy whichU have adopted on my arrival at this provmce, an^ which I had the honour to explain to your Lordshijiiu my despatch of the 5th of February as follows: — \ "Under th^e circumstances I considered that the great danger I had to avoid, was the slightest attempt to conciliate any party ; and that the only course for me to adopt, was to act fearlessly, undis- guisedly, and straightforwardly for the interests of the country, to tlirow myself on the good sense and Mfjjf^j',*'** ■;%;■? '< :■.■■.> ■ ■'-, ■ '«: U3 good feeling of the people, and abide a result which I firmly beheve will be triumphant." I haye the honour to Jje, - My Lord, ' Your lordship's most obedient servant, • " F. B. Head ^ The Loi-d Glenelg, &c. &e. &c. / No. 57. ' Mv LoRi,. ^''"^"'' ^^" •'"'^' '836. In n,y last despatch. No. 56, dated 8th instant. I W the honour to infom, your Wship, that ou.^ decfons We added forty constitutional yotes to the Hou«. of Assembly, which is composed, as your Lordship IS aware, of sixty-two members. — The republican minority of course feel that heircause is desperate ; and, as a last dying strugde they have, I understand, been assembling at lo- ronto mght after night, for the purpose of fppealing for assistance to his Majesty's Government ! ^ 1 heir conventions are so secret that it is iin- pible for jne to know what passes there; but I have been i„fj^i„ed, that they have actually despatched Dr. Duncombe,' (an American, and a rank republi- i iS '■.'^■•4m ).^H» . , . 114 can) with complaints of some sort respecting the election. I also /beg to state to yo»r Lordship, that I ex- pect thalt Dr. Baldwin, Mr/Oeorge Hidout and Mr. Small, whom I have felt it necessaiy to dismiss from the sanations they respectively hold, fn consequence of the disrespectful language they have publicly us^d against me, witf also seek to be supported by hi;^ Majesty's Government; / I feel confident^ that your Lordship will cgscoun- tenance this dark, unconstitutional practice of de- /spatching agents from the province to his Majesty's Government, to make secret complaints against the Lieutenant-Governor, which, of course, it is impossible for him to repel. I will therefore merely assure your Lordship that in the elections, as well as in the prompt dismissal of a few of the ringleaders of the Republicans, I have acted cautiously and conscientiously. ^ I have the honour to be, My Lord, Your Lordship's most obedient servant, F. B. Head. The LQr4 Gleoelg, ^c «fc. &c. votes." On his return to Upper Canada he failed even to appear ^)eforethe Uouse of Assembly to substantiate any one of bis alle- gatiops, became a traitor in arms, ran away, and a rewaitl of 500/. H now offered for his apprehension.; \ 115 . \ _ r -, No. 60. Toronto, 2SrdJ^h, \S3Q. Mr liOBD, Until I know whether my past proceedings have been approved of or condemned, it feels cheerless to enter upon the consideration of the future : however as it is absolutely necessary to consider what should be done at the meeting of the Provincial Legislature which might possibly take place in November I feel It my duty to submit to your Loi^ship a Lw observations. * ♦ * * In an evil hour we fatally surrendered, without bloodshed, the duties levied under 14 Geo. III. ♦ tlie consequence of which has been, that the Repub- licans, instead of thanking us, have called upon us also to surrender the hereditary revenues of the CroTvn. ''' Your Lordship took the pains of ordering in detail a remedy for every single grievance in Mr. M'Ken- zie's volume, and the Republicans instantly repaid you by calling for an immediate surrender of the power and responsibility of the Lieutenant-Governor. Little now remains in our hands, and if that little be conceded, if we give up the hereditary and territorial revenues of the Crown, in my humble opinion we * See the Duke of Wellington's admirable protest against this laiai ueaturt. I 2 ^4uring the inspectional tour I havp T.4 i «bse,™g the „„™, feeling „f „,, p„,i„ J" ^'"^'y Avoidmg addresses of congratulation or a„v thing that could cau«e political excitement I 17' nnngled with men of practical inf.lft . '* listened to the varietv nfT • '"T^"'"*' <""' have iiie vaiiety ot opmions thev offerer) tn ™ 'vrth the same attention with whid LlTl ' Poor T^w r„ • • wuicn, as an Assistant on altkil"Mi«»j4o'-i fc. •.if Jl-'* 122 into what difficulties I may lead His Majesty's Go- vernment, if by exaggeration! should induce them to construct thdii* remetlial measures upon ajalse foundation ; yet, with all this before mj/ mind, I have no hesitation whatever in declaring to your Lordship, that upon the loyalty of the people of Upper Canada his Mhjestys Government mky now build as upon a rock. I declare to your Loi-dship that in England there does notfexist a more sensible attachment to the British con8titution,and to the person of our.Sovereign, .than here. The owner? of property in Upper Canada ' dislike democracy : they dislike it infinitely more than people in England do, bepause there it is a fine omne-ignotum promagnifeo theory, that no man un- derstands—whereas here, it is seen practically work- ing before our eyes in the United States ; and it is because the British population in Upper Canada see it in operation, that they deliberately detest it, in which feeling, or rather judgment, they are joined by many of the Americt^ns themselves, who sorrow- fully foresee that Lynch law must ere long unavoid- ably treat their rights, their hard-earned property, and their religion, just las the catai-act of Niagara everiastingly behaves to the calm, gliding waters of Lake Erie. Of course there exists in Upper Canada, as in England, a party who- desire to subvert the British^ Constitution; but I can assure your Lordship that this party is, generally speakingTcomi^sed of people 'j-;> 128 -V- who. m p«,„t of propeny «, well »,• i„ poi„t „f ch«^er. have little or nothing to to^, aniwhose opposition « therefore, proportionately, not equal to that which exists in the mother-country - n^ opinion which, so generally prevail, ;„ S ' . ' * "P-Wican government is better r R V f^'^r''""" "''"'o Canadian peoijle than the British Constitution, is an error which the simple fact I am about to mention ought to subvert ' . Previous to the late election. Imade the followins declaration, which was printed and circulated over the whole province : — •' T^^ople of Upper Canada driest dem<«racy; ,hey revere .hel'rCon„i.u,i„„a, Charter; .„d are, con^ueatJ. slaunch rn allegiance to their King." ^ This declaration against democracy was.of course, disapproved of by the republican member of the late House of AsUbly; and. consequently, nothing could be more clearly put to the decision of the inhabitants of any country than the following question which the people of Upper Canada actually , asked of each other on the hustings : " D„ y„u J^ for the House of Assembly or for Sir Francis Head '" which amounted in plain terms to this. •■ ^r« ™„ " J»ra republican government; or are you nof" The subject having been thus publicly sifted, debated, and argued for about three months, the foltewl •- '^'*'* """ •""I"'""''''''? delivered as ^ I ', Vo toi^i^cH t Ca*X '•fiE-B^ A- vf itite.-^ _#». t:i:} 124 ^ It discarded from the House of Assembly 1. Mr. Speaker Bidwell, the avowed advocate of republican institutions. 2. Mr. Peter Perry, the leading supporter of these doctrines, • 3. Mh W. L. M'Kenzie, the leading writer in support of these principles. |t completely broke up the republican majority which, under the pretence of being redressers of grievances, had long insidiously, but successfully obtained seats in the Assembly : in short, the result of the election, or in other words oitheomnions of the peiyple, was eventually declared to be as Mows:— Number of Constitutional members elected 44 Number of their Opponents - - - - . jq Of this latter number (18) there were not three who dared openly to avow, .before their constituents, a desire to separate this colony from the mother- country, or to exchange its constitution for democracy. I feel it impossible to take leave of the above recited historical fact, without remarking how little it supports Mr. Papineau in his assertion, that " America is destined to give republics to Europe l" With respect to the Indians inhabiting the vast regions around us, Fcan assure your Lordship, from personal communication with these brave men, that, in the event of a war, all those upon whose attachment we have a just claim would, at any time, sacrifice their lives for their great father, the King, and tfcat, .,..,_ - .dL.. , -! -^m 'i 125 if it should be necessary to call upon them, they would come. '' Having now stated the result of the observations I have personally made on the state of public feeling in Upper Canada. I would gladly conclude; but the pohtical state ofLower Canada is so entangled with the mterests of this Upper Province, that I feel it mv duly respectfully to submit to your Lordship mv opmion of the remedial measures which ought to be ' adopted, in order that His Majesty's Government may take them into consideration, with the various other projects and recipes which will be proffered on the subject. The remedy which I fear will be assiduously recommended by the British population of Lower Canada ,s, that the two provinces should be united and placed under the government of some individual m whose coolness, decision, and ability they can My humble but deliberate opinfon of this project s that It would produce the effect of separating both theGtnadas from the parent state, on the homely pnnciple that .f tainted and fresh meat be attacl,ed together, both are corrupted. Upper Canada is now, as I have assumed your lordship, sound and healthy at heart So long a, in the United States democracy dis- f^'^^1*' ''""""* ^''"' «<»«W«"">le danger exited of the weed being rashly tramj ilanted i!.^^ 126 this neighbouring soil; but since the poisonous pro- parties of its fruit have become known to us, the' attachment of the Upper Canadians to their British constitution has, from deliberate conviction, gradually become what I have described it to be. I firmly Weve that this good feeling wUl increase— tlwt the disease of democracy has ceased to be infectious— that we have now nothing to dread but its contagion, and, consequently, nothing to avoid but its actual contact. However, notwithstanding the good feeling which exists in the country, it is well known, to every observer of human nature, that a considerable portion of mankind are always governed more by prudence than by principle. In this country, as in all others, there must, consequently, exist a Jarge body of men, termed here "majority men," from their propensity to attach themselves to the largest party. So long as Upper Canada remains by itself, I feel confident that, by mere moderate government, her '* majority men" will find that pifudence and prin- ciple unite to keep them on the same side; but if once we were to amalgamate this province with Lower Canada, we should, instantly infuse into the House of General Assembly a powerful French party, whose implacable opposition would be a dead or rather a living weight, always seeking to attach itself to any question whatsoever that could attract and decoy the "majority men ;" and I feel quite cemfi- .127 dent, inasmuch as evil passions are always more alert than good ones, (" For oft. though Wfedom wakes. Suspicion sleeps «it Wisdom's gate,") that, sooner or later, the supporters of British insti- utions would find themselves overpowe^d. not by the g«d sense and wealth of the country, (for «% wou^d, I beheve. always be staunch to our flag ) bu^ by the votes of designing individuals, misrepresenting a well-meamng, inoffensive people. But leaving political intrigue out of the question. I submit to your Lordship, in opposition to the project ofumtmgthe Canadas. that there exists no moral affinity between the inhaWtSnts of the two pro^ vmces^ The one are commercial and enterprisL. the other anti-commerclal and quiet : the busy enjoy. " mentof the one nation is locomotion, the peaceful luxury of the other i*rest. But even U- their propensities were identical, their chmate sod. and geography are so different, that their interests would be constantly at variance. , , For instance, the Upper Province, surrounded by WW, In "r". "•'"'' " ■•»"' " '«-«'>-'"■! with the United States, requires rail-roads and ™ rkets. which ,t might be against the interests of the Lower Province to promote. .Iv^^ititl"""! ^'""' "■* *"*'"""' ^^io" being about UOO mJes. and there being no t^velling by water for at least fiv. month, in .he vea. IZ 1 * ... 123 make the meeting of the Legislature at any point of common rendezvous exceedingly inconvenient. Be- sides which, the size of the two provinces united would impart to them a political weight, power, and importance, which would, I fear, encourage a sepa- ration from the mother-country. In short, the more I practically consider the project, the more clearly does It aiTpear to my mind, that both provinces would be embarrassed by their union, and that, between the two stools, the British Constitution Avould fall to the ground. Deeply impressed with this opinion, it is alarming to me to reflect how strongly the project will pro- bably be pressed upon the consideration of his Ma-" jesty's Government by various classes of people, each actuated by self-interest ; for instance :^ "1. By the British population of Lower Canada, who desire to be rescued from the domination of the French. 2. By a portion of. the British in Upper Canada,, whose votes have been canvassed by" their corre- . spondents in the Lower Province. 3. By that unthinking portion of the community, which here, as well as in England, is always in favour of novelty and change. 4. By all those deep-calculating Republicans in both provinces, who shrewdly foresee that the union of the two provinces would eventually cause their separation from the British Empire, '¥ ■ ( . 129 t.aj,Ihaveoffe.e.l, d,„„,„ disapprove of the rZ .t.he« become, necessary to consider how the preli revolt in Wer Canada should be dealt with In my humble opinion there are but two courses ' , to be adopted; namely, either peaceably to attZ to cure the evil, or to determine forcibly to UT lie only peaceful prescription for e/ecting a cure whchlcan conceive, is emigration; and if wi^l no doubt be argued, that as an army of emig J "3 cheaper than an army „f soldiers,'it shouldTe on pohcy to swamp the misrepresentatives of the FrenC l.aiy by opening upon them, by dint of fill ' superabundant population. I feel conadent, however, from what I have'«*t, of Upper Canada, that this theory would fa^lZ ucethedesiredeifect: forthe sevi^^"!? tt qX We. compared with this, would chill the efforts of Government to effect this rapid emigration • and elapse before the present members of the Assemhl„ oouM be .tua.|y displaced would defer thfr^ a distance beyond our present political horizon I» te mean while. Upper Canada would be liira ^-g body chained to a dead one:, for as the two P-mces are partners in the joint..U,ck revenues of Ottawa, a sulkmess, or anti-commercial ol.>;n..„j, „„ fj^^i^'Mf «f*Jr''>, > » ■; • the one part, would ' amount to an act^aTblQcEade^f the interests of .the other : in short, tlie Upper pro- vince would be' driven by desperation to search for. ' an outlet to the oceaii, vid the United States. The political disorder of Lower Canada being (as I have endeavoured to shew) by the/^Iow process,. of ^migmtion incurable, ^e are now driven toc0nf Bider what would be the^fest, the 8ii%)l^st, a^the most effectual method of ^ming it. I do >it mean by personal violence, but the calm, legisla#e«poiy;eps of the Imperial Parliament. , ' v ^ ^ . ^ It is useless at the present hour retrospectively to regret the uncalculating course of policy/ whicli from our first possession of the Canadfes has ijot only per- mitted; but encouraged a few individyals who mis- represent the real interests of the French hamns of Loi^fer Canada, (whose simplicity and amiability of character no one can fail to admire,) to assume towards the British empire a tone x)f arrogance, and a posture of defiance which, considering their relative physical strength, and the total absence of any just cause for revolt, is without a parallel in colonial history. Our past policy has, however, been productive of one advantage, namely, that it must now satisfy the cool judgment of the civilized world, that Great Britain in forbearance has borne more, and in sub- mission has submitted to more, than ^ould have been tolerated by any other nation on the surface of \ 131 Wglobe ; a^indeed. such ie the scn.pulo,,, regard jnbew,tl,"ent, fc Canadas would be divided into two lots,- the one British the other Fren^. Upper Canada, which. S 132 any exception, contains the largest region of black rich earth I have ever witnessed, would then comprehend almost all that is British in the Canadas ; and it would have, as its own port of entry, Montreal, the wealth and importance of which would draw the exports as well as imports of the country to the St. Lawrence: whereas, continue to deny to Upper Canada that port, and every person acqftainted with thfe country foresees, and has long foreseen, that its produce, pent up under high pi^ssur^^jnusUl^^fiU^ licit or illicit means, into the United States* — —^-^^.^^ As long as Upper Canada remained poor, apd occupied in petty political discussions, the want of a free port of entry was merely a subject of constant complaint ; but whenever it shall become flushed with wealth, unless free circulation ])e given to its com- merce, I have no hesitation in saying, I believe the people would revolt from any Government on earth that should deny them this natural respiration. Convinced of this tmth, I consider the opportunity now aflforded to the Imperial Parliament of provid- ing against this approaching evil a most fortunate occurrence : for if the misrepresentatives of Lower Canada had not by their late conduct shaken off their connexion with the British population of the Canadas, the latter would very shortly have found it necessary, without right, without justice, and for lio other reason than lor that which all over the world governs mankind, namely, their own interests ■^ Si 133 f W^^evered .he connexion ,he.„.elves. Thnt the -votnbes of men. F,.„ch and Englfeh. do „ot"l„ .ogetHe.rorfiveminuterjSlr^-''^''''' My h«mble project of separating the two tribes nothing more than what Nature Irself did. wte, she dehberately created the British Channel. V 4f It shou d be argued, that, by transferring Mon- e«Hiom.Jha^XBBir:tqjh« Upper Proving " too weak I respectfully reply, that Upper clZl lied sh! ''"'""' *" '^'"«'^'^^«« '^''*' C handed, she can never be made strong enough to . tand agamst the United States bylanf ; norti h W sd,tary port on the St. WrenL. could sh ^^ ,.^en.pt to contend against Great Britain by sea W.,h one of these powers she must consequemlv :«e2nlr""t'"™«*'""'»«™"^''^^^^^^^^^ n.an who acquamted with the inhabitants of Upper ei stl! """"'"! " ■"■«'«'' "'«' '»<'- -de- pendent station, as a colony of their own. revered ™o.her^„nt.y. the British Empire, than they T M hold ,f they were permitted to be styled one of the supernumerary stars of the United sj.es. . _^ '"^."■'^^'ythingt, d,^ad frmfte »i,^ - 'V 134 or from the prosperity of Upper Canada, and with respect to tlie division proposed making the Lower Province too small — if it be true, and surely no one can deny it, that the French are not the same sort of restless, commercial people as ourselves — that we made a grand mistake in legalizing their language-— that their habits, wants, and religion, however the^ may be deserving of our respect, never will assimi- late with our own ; it may be faiily asked, what harm shall we do ourselves, or what injustice shall we do to them, by saying, "Gentlemen, your representatives have failed to support the Executive out of the reve- nues We surrendered to you, on condition you should do so : we have, thereforej repealed that Act, the provisions of which you yourselves have most dehbe- rately l)roken. " You. profess not to like your connexion with Great Britain, under whose mild, parental protection you have amassed all your wealth : we have, there- fore, detacHed you as much as possible from British mterest, nevertheless, for the sake of those who have already emigrated, as well as for those who have a right still to emigrate from their mother-country to the British colony you inhabit, we shall insist on re- taining within that portion of the empire the British Constitution. "You have, therefore, your own Legislative Council, your own representatives in the House of Assembly ; and with these advantages, which y©u may 135 either use or abuse, we now leave you to act us you may think best for the interest of the noble country you inhabit." . ^ If Lower Canada, under, theke altered circum- stances ofiU own seeking, should choofee to be com- mercial and loyal, it ivould soon reap the inestimable advantage of its connexion with our empire • if, on the contrary, it should prefer to be disloyal and anti- commercial, it would injure no one but itself, for it yould not possibly be an independent nation, neither Sould it hope%, join the Upper Canadians, for they »^ould say, - No, Gentlemen, we have already tried a Iconnexion with you, you did not suit us, you would network with us, you publicly declared you did not likb us, your representatives refused to meet for legis- lation, until our Britbh Constitution was changed for elective institutions: we have at last got a port of our own, we are busy opening the navigation of the Ottawa and the St. Lawrence, and we are satisfied." Lastly, It could not join the United States, 1 St, On account of its distance ; 2nd, Because, by the common l^w of nations. Great Britain and Upper Canada would object t^ any foreign power occupying a position of oui^ empire which commands the entrance of one of the ^ol^Jest of its rivers. j ' I am aware that in the eastern township of Lower Canada, as well as at Quebec, there exist some British inhabitants, who, if they were to hear of the proposed 7 ".*'• J' ) 136 annexation of Montreal to the Upper Province, might, at first, with some reason, fancy themselves peculiarly neglected, by being thus apparently placed even more than ever under the domination of the French ; but I think a little reflection would satisfy them, that as it is impossible for them, as they are at present, ever to be- long to the French majority, the more the power of that majority be crippled, the less will they have to fear from its domination. With respect to Upper Canada, I have already stated that, with the afeistance of Montreal, the navi- gation of its two great rivers would immediately be perfected. s^njoying independently its own port of entry, and public confidence being restored, the province would ^ i become rapidly rich from the redundant capital^ enter- prise, and population of the mother-country, and its com- merce being attracted by the wealth and inteiil%^ of Montreal, would travel on our own noble rivers the St. Lawrence and the Ottawa, instead of being forced upon canals and rail-roads in the United States, which, in case of war, it would suddenly be deprived of. The loyai colony of New Brunswick would also be benefited by the arrangement, and I believe that the just lesson would produce a salutary moral through- out all our colonies. y^ In the above outline of the advantages which would attend the division of the Canadas as I have proposed, I have said nothing of the immense value of these f 137 provlncea to Great Britain, because 1 feel that sub- ject » too vast to be described. I will, therefore, only observe that Upper Canada alone is capable of re- ceiving the whole agricultural population of England and Wales— that its commerce is a market for our own manufactures, and a nursery for mr seame^i, in- stead of for those of other powers. If the Imperial Pariiament will now deal with Lower Canada with firmness and decision, there is nothing whatever to fear-,/ ,7 vactUates^aU is gone, _ F. B. Head. My memorandum on the state of the Indians of America will be found in Appendix A. Toronto, 2Sth Oct. 1836. (Private.) Mr Lord, ^It is an old maxim in the army, that any project of apparent difficulty, or danger, should always be accompanied by an oSer from the proposer to carrv It into eflfect Aiwiw^. ^ The memorandum I have the honour to submit this day to your Lordship contains a proposition of this nature, and I should have no hesita|ion in de- clanng to your Lordship th^ I would pledge my character to carry either half of what I recommended into effect : I mean, that I would undertake either to advance the interest of the Upper Province in the HTQV — I — fa ft u prf^ w v — ^ w ^^— ■■■ J — — ♦ • _ ^ wn y I h ave pi u pos ed, or by caution, tprheftraBce,^d ii5A.\a»V'- m ^ / X. ''*^ ^ 138 firmness to tranquillize the Lower Province* notwith- standing the operation I have recommended it should undergo ;t but, from the treatment I am receiving, I feel that my services are not appreciated, and will not long be in action. I have, &c. F. B. Head. The Lord Glenelg, Sec. &c. &c. ;To those who may have conceived that I have in- ■femperately abandoned my post, I beg to observe, that I remained at it nearly eighteen months after the abov»*despatch was written. Toronto, Upper Canada, 7th Nov. 1836. My Lord, I have the honour to acknowledge the receipt of your Lordship's despatches (No. 73 and 95), of the importance of which I am deeply sensible ; but as the Legislature assembles to-morrow, I trust your Lord- ship will excuse me, if I reply to these communi- cations in as few words as possible. The flattering manner in which your Lordship has been pleased to convey to me the King's gracious approbation of m^ conduct has aflforded me the first * After it had been reduced. t Although I oflfered to carry either of these two measuras into effect, yet I can truly say tliat nothing in this world would have in- duced me to have assumed the impracticable duty of contending with an amalgamation of the Houses of Assembly of the two Pro .''jir the reward which is intended forme, I have no hesitation . in at once renouncing the latter, for every ^lour of reflection makes me cling firmer and firmer t(y the former, v ' I have now, as regards my instructions, opened my mmd to your, lordship, without concealment or reserve; and it ^nly remains for me to be equally explicit, as regards my own private policy, or in other words, the manner in which I shall continue to carry my instructions into effect. In this I We no alteration to propose. In a moral contest it liWer enters into my head to count the number offtjl enemies. All that guides me is a de- CermmMiontVd^what is right. I will never shrink from responsibility, and Avill endeavour ti^ver to cm- eiliate nor off&nd. The more tarn trusted, the more cautious I shall be~the heavier I am laden, the steadier I shall sail- hut I respectfully claim the military privilege of fighting ;iiy own battles in my own way, and of retiring from yqtir Lordship's service Whenever J may find it udvisable to do so. * I yill not apologise for having explained ^yf^]fni, , L* H. 146 . clearly, because I am sure your Lordship will f^el for me how absolutely necessary it is that I should not receive the baronetage which I am informed is graciously to be conferred upon me, with the slightest possibility of a misunderstanding on tlje subject. Inave,&c. / F. B. Head. The Lord Glenelg, &c. &c.^ &c. - , No. 89. My Lord, Toronto, 6th Nov. 1836. I have the honour to acknowledge the receipt of your Lordship's despatches, Nos. 75, 76, 77, and 80, in which I am informed that certain letters respecting my conduct have been addressed to your Lordship by the followiug persons :— Messieurs Marshall Spring Kdwcll, Robert William Baldwin, John Rolph, T. D. Morrison. I have also the honour to acknowledge the receipt of your Lordship's despatch No. 95, enclosing a copy of a petition addressed by Mr. Charles Duncombe, a member of the House of Assem Wy of this province, to the House of Commons, and presented to the same by Mr. Joseph Hume. On the receipt of the above-named despatches, Nos. 75, 76, 77, I immediately coftimunicated to Messrs. Bid well, Rolph and Morrison, a copy of your Lopddiip's request, namely, " that 1 would call ■-t o„e.ch of these ge„,leri,e„ respectively for a copy of k letter to your Lordship, i„ order .hat I „ig't be «M to supply , Lorf,tip ^.,^ observtious on It which I might consider if to require " ITie copies of his replies, which I herewith enclose; W.I explam ,o your lordship that Mr. M. S. Bid,vel ded, e, to furnish me with a copy „f his letter to you lord h,p, urging, as his reason. " that it contained , narrative of what had tal.en place between his Excel- eucy and him^lf, particularly relative to his Excel- lency s proposition to appoint him a judge of the Court of King's Bench." " . And Mr. BidweU further adds, "This prim, letter^o the distinguished nobleman whose name I hav^entioned I do' not now choose, e^^^ciaUyas^irave no longer any cpL.xion with publ c lUerfo convert into a public and official com- munication, by transmitting to you a copy of it " It will no doubt appear sti-ange to his Majesty's Government that Mr. BidweU, after transmitting to your Lordship statements concerning my conduct, should, when called upon by yoi/r Lordship to avow them, deem it advisable to withhold them from me in this country on no better grounds than that they merely ■' contained a narrative of what had^ taken p ace between the Lieutenant-Governor and himself." It will no^doubt appear equally inexplicable to your Ix.rdship how Mr. BidweU codd hope, fora moment. 1,2 , *• ** > ' /' ' " ■ . • '■ / - i t* l--^- 148 that a British minister * would allow him, or any per* son, to forward, under the protection of privacy, se- cret communications respecting the conduct of the Lieutenant-Gpvernor of this province. However, as Mr. Bid well shields himself under this plea of privacy, it only remains for me to observe, that I have it not in my power to offer to your Lord- ship any observations on the subject of his communi- cation. As regards Mr. John Rolph f, whom your Lord- ship is so, good as to iiiform me has also "commented at considerable length on my conduct," I have to in- form your Lordship, that, to the letter from my secre- tary, enclosed herewith, in which I called upon him, by your Lordship's desire, for a copy of his letter, Mr. Rolph replied, by merely acknowledging its re- ceipt; that, after an interval of five weeks, being agaift pressed by my secretary for a specific answer, he replied as follows : — (copy.) ^ Sir* Toronto, 5th Nov. I have tlie honour to acknowledge your letter of the 21st of October, recalling my attention to the let- ■ ter of the 28th of October. • The reader has to learn, that, in spite of this despatch, the Co- lonial Office desired me to raise this man to the Bench I He has since the rebellion voluntarily transported himself, and engaged never to refurn to Upper Canada. t Since absconded, and is now an outlawed traitor. ■5»T!»1l I •• ., i T 149 "^ I have, &c. r. Joseph. Es,.,JffiV •"'"''«°^-- ■»'">y ^eech at the close of Ust se^l " TT' accusation I consider it unnecessa 7," , *'"' merely amounts to thIs-thTr ^ P'^' "' '' Tb«.ne. I ,noted. as fro^l^olrr V'""" '"^ -^^.hichactuallybelongedt ;T«X'*- " With respect to Mr. Robert R«IJ ^f^^'''^- cation, dated a6th Julv Ift^fi 1 T" ' '^""»^- your Lordship ISfiC^f 'r"""^ "^ I*«l«Wp of the contents of"!St; w '"" -'--eons„chTS;Se!XTxS::; ""°" "«""•■«•«■."«" b" «»« left Ih. p„,rt»., N 150 that Mr. M. S. BIdwell, Mr. John Rolph, Mr. T. D. Morrison, Mr. R. Baldwin, and Mr. C. Duncombe, would be the very first to complain were I to under- take to curb in this province the freedom of the press, or to stifle the tunes of which Mr. Robert Baldwin has so gravely complained. With respect to my expression, /*^iet them come if they dare,'' your Lordship has only to read Mr. Papineau's letter to perceive that this sentence was most clearly levelled at the invitation which the Speaker of the House of Assembly of Lower Canada made to this province as well as the other British North American Colonies to unite for an ob- ject that could not be misunderstood- The American%had no more to do with the subject than the Chinese, and of this fact, every inhabitant of the Cauadas might be sensible ; but my defiance was^ more than wa9 expected, and it was therefore deemed safer to misinterpret it than to meet it. I certainly apljpears to me not very creditable to those whose accusatipns I have just replied to, that after having so loudly and repeatedly complained of jthe '* humiliating and mortifying " inconvenience d £«eking for justice 4000 miles off) they should centri- fugally write and hikry across the Atlantic* to com- plain of the honest verdict which has been delibe- rately pronounced against them, not by me, but by the inhabitants of their own province. If your Lordship however will be good enough to ^ « ~^^ -«' .V- "W oonrimie invariably to furnish me with a copy of the accusations they secretly write airainst ,n. L Ihave, &c. W A"* ^' B. Head. i^"' The Lord Glenelg, &c. P.S. It is my intention «^ Charles Duncombe's petitiorf. mens to the House of Assemoiv trihima] i^ Ko ♦!, '*«»emuiy, „o x conceive that tr bunal to be the proper one for inquiry into the allegations it contains. ^ ^ *'*® P.S. Nov. 27^ have purposely detained this de a copy of Mr. House of Com- as I conceive that No. 100. Toronto, Upper Canada, Jf"" ""' i'T'"' *° '"fo™ yo" Lordship that ha™g proceeded i„ state to the LegMative C^uneU Chamber to give assent to a bUI, the Speaker of the House of Assembly as follows:— "May.jt please your Excellency, n.nn» f n *' '•" '^^J^^ty'^f'^tl'M subjects the Com. mm of Upper Canada, recognising the duty which if ifkfL,i, •Jiiksg.jsJ'iliii 152 we owe to our Sovereign and the loyal people whom we represent, and sensible that it is the, anxious de- sire of your Excellency to accede to all our reasonable expectations, and to afford us every aid in removing all well-founded complaints, beg leave to present to your Excellency for the royal assent, a bjU which has passed both houises of the legislature, to provide for the support of the civil government for the current year, and trust that the evils occasioned by withhold- ing the supplies during the last session may thus be effectually removed." I have, &c, F. B. Head. The Lord Glenelg, &c. &c. is '■# 9 \ # fj- ..!♦ 4, *- '* - '' • "T'^ <"• ^ * ■ i 153 CHAPTER VII. History of the Downfall of His Excellency Lieutenant-General Sir Archibald Campbell,, Bart., Lieutenant-Governor of New Bruns- wick—Its Political EflTect upon me— Receive Intelligence that His Majesty's Government had assented to the Road Bills of the Old Assembly, which I had reserved— Earnestly remonstrate against Ck)nce8sions to Democracy— Gratifying Result of the Metropolitan Elections— Commuted Pensioners— The Suspension of Cash Pay- inenfs throughout the United States-The Legislature is convened —Despatch to the Colonial Office explaining the Insecurity to Pro- perty of Republican Institutions— Violent Struggle in the House ofAssembly. Although in my despatches to his Majesty's Goverij^ ment I could scarcely avoid, almost in self-defence, egotistically claiming for the Executive Government cr^it for tlie apparent result of its measures, yet I sho^ifld do injustice to the people of Upper Canada were I now to deny to them the ^ole honour of a moral victory obtained by then- fervent loyalty as well as by their deliberate attachment to our happy institu- tions. Not only did their free, unbiassed verdict prodtice most beneficial results throughout* the whole of the North American Colonies which with the utmost anxiety had been watching in UppeV Canada the con- flict between principles by which they themselves had been equally disturbed, but far above all did it offer I v.. 154 i.f' a morale of inestimable value to the mother-couutpy Itself: for surely it is impossible for any man to deny that, previous to the struggle in Upper Canada, there existed amofag all parties in England an impression, beyond the power of argument to efface, that demo- cracy iiot only was indigenous to the soil of America but that no other form of government could be made to flourish there. But although every person acquainted with human nature knows how impossible it is at once to eradi-' cate any firmly-rooted error, (for though you cut down the tree in America it requires ten or twehe year§ before the stumps rot,) yet the incontrovertible fact that the people of Upper Canada, when formally appealed to at a general election, had Mibemtely emphatically, and unequivocally declared themselves' 'n favour o/monarchicalimtitutions, was a staggering blow to the popular error, in the mother^untry which ,t was highly desirable ^repeat before it could, recover from it. Never, .therefore, had the British Government a nob er opportunity of forcing conviction on the public mind, and of calling upon it to surrender its prejudices and misconceptions. 1 Aware of all the facts which had occurred, surely it was the bounden duty of the Government to have magnanimously led the two Houses of the Imperial Parliament fomatd to reform, by fmnkly telling them to refonn themselves, and, instead of mutilating. 155 . to appreciate the blessings of time-tried institutions, wliich the inhabitants of Upper Canada had prove^ to possess the same intrinsic value on the qgntinent of America, as they had pdlsessed in the old country in its noblest days. * . Far, however, from adopting this course, his Majes- ty's Government, just as if they had been mortified at the triumph which had been gained, and just as if they had determined that jts salutary consequences ought immediately to be aiTested, planned a mea-^ sure which I humbly think t^future ages will appear not only incomprehensible, but incredible L It was of course utteriy impossible for his Majesty's Government to order me to abandon the principle which before the whole continent of North America I had successfully maintained, namely, «' that the Executive Council is not responsible to the people." 1. Because, as Lieutenant-Governor of the pro- vince, I had been supported in that princ^le by the voice of the people at the general election. 2. Because the Legislative Couftcil had su|^rted * the same principle. ^ 3. Because the House of Assembly, shortly after they had been elected, had adopted by a trium- phant majority the following opinion (date 22nd Feb. 1836) of their Committee : — " The question regarding the Executive Council it is perhaps unnecessary to discuss. Never was tlie public opinion Wofe tlettrly, more emphatically expressed than on A * % ^ \,. ,156 ■„ • un,ty of expressing their opinion, that the Governor. Lieu- te^nt-Governor, or person administering the govenunent of *l. pawnee. „ intrusted with the eiemse of the royal prerogative within the same, and that he, and „o« X S cut,ve (iound, ,s constitutionally re^onsHle. as well to the ttalapdupnght performance of the duties of hi. office; a espons,b,hty essential to the preservation „f , he rights and hb ft,es„f h,s Majesty-s subjects in PpperCanL, and wh.eh ,. „ a,, .„p<,^,„, ,„,y^^ ,^^.^ representative to b.hty so far as depend, on them, to be weakened oVde- ^yed. by transferring the whole or any portion of it to otler parfes; ajtd that any attempt to tra^fer to the Exe! oufve Councd this responsibility, and, a, a nece^aty coni ,..nce^.he power and patronage vested by law in L ^^ • «nadmm.sten„g the government, is in de««atio„ of the ^TTT charter, and would be dange«,„, to the liber- fe^of he people, injurioHs to the stability of our social sTd w'^St, It"""? ^^ """'^ '''"™'='- »^'!""'" which attach this colony to the British empire." As it appears from the foregoing extractshow fi™iy . the legislature and inhabitants of Upper Canada stood A 157'' ■ ^ con,bi„ed_togethe.- l.eart and hand to resist the repul..' r ^"y^ -f "-W»g the Executive S, «^«4& fo «. ;,e«pfe," it ^^ „ .,^ regret re ceived fom tte Colonial nm j ^ / ^' ■ '° "■""'"'"•"•^"'ne highly comoli- temporarg. triumphs' !•' ,' " '^"""^ <>r. That the results of the contest in wlfeh ,ve ha,l ee.. engaged would not be " t^sien ' • "r"' t^mph ,e„.pora.y, were, at the ti,„e this despat h -s wntten as clear to eve,y loyal subject Toul North Araencan G,Ionies as they have since been Foved by the ..peated repulses i.ich the Ameril Wie have met with wherever they Jiave uniu^.fi u . a«e,„pted to invade the Canadasfo; L "Ce ^^ fomng upon us their I«.thso„.e institutio'ns.'^^til^ 2:eT:' r *^ ^-"'"^ omce was": .3 toposed to v-hange ,ts policy, i „,,!,, h„^^^ was no, prep„ed for the astonishrn^^ course wlrich ' - -"eavour as shortly as possibi to r^r'"" provW th! T'' •" '■""'' '•« »vvn prophecy by ^^^i'J^^^^^J-i-^^ •,'\ ^ '^Wl^ V-jf* Ir V « •1^ 158 ; to suppose f hat ^Bjfc. cmite8sio;|i(: ,r Genfirdl^Afirtnbly of '^y one mi] ^mk « %. the CoJoniftl Offi|B, on th# 3^h ^ntemTk 18^ I Addressed to me i%^patc^;S^%ijichi »fMir £rti^ most melancholy 4|iii(|pm, nptiely, th^t 'f il^xte vain^ le to tf ibly of any one oi th^Nipl mthhielil froni'lhe %5^^eg^Tp^ t^: ; Archibald Cabp- |^|P|Jl^i.^|BC^ of New.Brunswicic, to which he i^^^^i^r^ei^togiVe general publicity, aijl^hich I/was fes'ir^^^tb consider, as far as they con^ be applied t|3^ Upper Canada, "as addressed to, jiiy||lf." /The ||spatch then prt)ceeded to say, "It ha4 ^ap^^ared to me (the Secretary of State) that it would ^e very, desirable to aceelferate the meeting of the I^Mslatuie of JVew Brunswick, in oi-der nrfiat the natur^ of the proposed arrangements in, that province migfctbe well uqderstood in both the CanAdas and in N^va Scotia, before the opehing of the regular ses^ibn of thev General Assemblies in those provinces. . . . . It is further my wish, that the meetipg of the Upper Canada Assembly though postponed for some weeks after that of New Brunswick, should pre- 'V. .^'MS', cede, by an equal period,, the meeting Province." As the-MJbJe of the despatch , CampbelgBe been publiiJhed pro,Vince in North America, I m ^the " proposed arrangements" w Lower 'chibald ut every say, that" '& thug ■ ; ' ■" 159 ' "Hfeml to be effected, coMdned not only direction^ for^Burrender of the casual and tenitorfal rev „u^ k .ga.n,t wh,ch I had so hu.nl,ly b„. ,„ ,,,„ J",^' 1 monstrated, but the folding „..de, to Si.- Archibald Campbell :-" In making your selection (for seats! yourself to a smg^e class or description of persons . found of gent emen representing tk, ra.ioui in- ^'t, wh,ch exist in the province, and ^«„«w „, Itr"- ™' ':°'"'"'''"=' "' ^-^ "■='«•-«-** By this most extraordinary a.ri*complicated «f our North Amenpan Colonies had gained over the •iemands of the Repnblicans was not only p^ved to be temporary, hnt was completely deoiroyed Inrte^of allowing «e Legislature of Upper Ca. »«1 to continue to lead the way towards real reform by the merciless eradication of Republican principles ^t was not only ordered to the rear, but as it w re' -" ned there in irorfe by fee„l,ma, Office 2 ■ ^^ .Jf.^x" "^ tl^P^vW, publicly to ™™der t^hem, am\»,^other concessi^s, fte very Fint whcfc, before the jhole oontinenf the 0«pei wngUan Legislature had successfully defended*om 2 ^T """' ■ *''"' ^ '""""'A*" * 'otellig^fice of Wi eivilued world.. that f -=- ^ '■' ■ -•-•*-- ^<^"'> '«>■«,% ■''r*,^'' «;. T' ...■-'■■- ^ 160 Office respecting the Executive Council, when tiivested of the diplomatic language in which it was couched Was a direct surrender of the question in dispute. I ask, first, whether it was constitutional to order that the Governor's Executii^e Council should be made ''to represent the various interests" which were already represented in the House of Assembly ; and secondly, whether there is any diflference between the Colonial Office ordering the Executive CouncU " to possess the confidence of the people at large,'' and the republican demand which the people of Upper Canada had' resisted, namely, ** that the Executive Council must be responsible to the people ?" But perhaps, after all, the most astonishing fact iu the whole of this proceeding is, that not only these concessians, but various others, which were or4ere(l to be pfomulgaied by Sir Archibald Wpipbell throughout the whole of our North American colonies, appear to have been arranged in the Colonial Office by Messrs. Crane aijd Wilmot, two deputies from ' the House of Assembly of New Brunswick ! Without'meaning, in any degree, to compare these two most respectable gentlemen with Mr. M*Kenzie still ^one would have thought that the fatal experience which the Colonial Office had so dearly purchased by listening to the latter individual would havQ proved the impropriety of the principle of legislating ovtex parte statements, proceedipg either from the people or from the representatives of the people, without refer- ;)■'!' '^y. 161 cl!n"" !i "", ^''"•«0"'"'*-Gover„or, Executive CouncI, and Legislative Council of the colony ! The fol o».ng extracts, however, of the despatche/altuded U> frn. the Colonial Office to Sir A,chLd Campbell efeary show, „„t only that the old system contiLed; but that mret acquuivemt emdo ^ ExtracUf a despatch to Si. A. cLpbell, dated Down.ng.^r^t, 31st Aug. ,836. aiid pubWed „ New Bmnswick ■.^■. I have also been in communi- cat»n w.th these gentlemen (Messrs. Crane and WU- mo ), a. well on the matters to which the .ddress ad- verts, as ott othert connected mth the colmy " P.e-d ta di J.Hat thelrit: 13111? Wilm" i/l.t'^P''"'"''"' ''y ^f"'"^- Crane and ',* '■w«^.« % ^, ^spjit^tSf the 3l8t ultimo. On thlri^int, his Majesty, affer (due consideration of the arguments urged by the Hpuse of Assembly, and of the representations of Messrs. Cran^nd Wilmot, is ^0l0llamSK^pt t^ necessary steps uTor meeking the wishes 6/ the ^Assembly."' It appearSh^hat these concessions to one branch ||only of th^ Legislature produced the natural eifect Hoi increasink ramer than of satiating, the voracious appetite of Messrs. Crane and Wilmot, for a third despatch to Si\ Archibald Campbell, dated 10th* Sepiimber, 1836^ referring to the two , previous despatches observeV- ^ ^i " In one respect, the arrangements announced in the despaiphes just referredXto are defective. They do not^,j comprise^y detailed explanation of the provisions of the Act, to Be made for securing the civil list, and for the general sale of the Cro*^ lands. I am yef engaged in Sr- respondence wjth MSsrs.'praneim J Wilmot on fhfe^e topics, and some^ie m^, probably^ Wags* h^^oxe Scan settle with these^ntlemen what are4|ie precise tefms^ which those law^^ught to be drawn up. Y^u wijl not, however, postpone on «^liiccourit the^eetingV^lfce Legislature, or the comniuriieatJons ^vhichar^ io.beifihkde to i\^0tt" f • '% The Legislature wat of^Rlffd % fee qonvenfei with the least possible Wm> |nd l^e \despatch to Sir ^4^^chibald Campbell ^m " Considerations appFying not to New Brunswick alone, but t^ the other British North Americah provinces also, require that no time should be lost in giviig general publi- city to the proposals which you are authorised to make. m.- 163 TouwiU therefore, take Ae neeessary ™e„„„s f„re„„,e„. ing Ihe General Assembly, for the disDatrh .. ".""™" thi, «eeipt if this despatch: ^ ' ''"""''" °" " 0„ the meeting „f «,» Legislature, you will, by a mes- sage. eomm„„,ea.e to the LegisUU.e Council, Inl to the Id ^^CrT."' ""' ''»'P'"=''« «f 'he 31st of Aug;, .t.d of the Sth ot Septemher. 1. i, my wish that no n^d bs, reserve should be prac*ed on «s occasion. . " n^^ T. ?'''r""' '" '^ doi-t^Ujaving been m«|«y adopted, after a foil and careful investigation it is Js-rible tbat^hey should be fully known; and ^arll" *vel.ped ,0 the Legislative bodies of NeV B u'wick 2 ^ew-er? mortfficatio-a which this infatuated T!Ml ^"^ "^ *' ^'"'•*"'*1 O*"" P'oduced in ■ ?• j-Tm'' ""''""'•able, the Loyalists were again dishe^ed, the RepubUcans again exuUingly, though «ntrt.ly, boasted that the Home Goveramen was with them. His Excellency. Lieutenant-General Sir Archibald Campbell seeing the effect pmiuced, not only in New .Brunswick, bnt lAr»ughout all tie British North American Colonies, by the representations of a «We pair of "detegates." f,«m a ^ngle branch of fhe Legislator <^^, ingle pr»vi„ce-feeli„g how com- pletely his authority was superseded-how hopeless it w^ for him t^ attempt to maintain mo„a,aical uistrtutioM, while the Colonial Office openly legis- latcd on the democratic principle of " delegate,." ^he , - M a © a "'^' r , 164 very name of which was most offensive to the Royal- ists,j and openly disapproving, on constitutional grounds, of the mode in which the King's casual and territorial revenue^ were proposed to be surren- dered—expressed himself to his Majesty's Govern- ment, in terms which will, probably, ere long, come to light. On His Majesty's representative hesitating to sur- render the revenues of the Crown, until he could merely receive an answer from the Colonial Office to the objections which, without loss of time, he had submitted to it, the House of Assembly, made impatient by their successes, immediately petitioned the King. The following extract from a respectable paper will explain the sentiments as well as the fate of this gallant veteran, who (though I have never seen him, or corresponded with him) I believe, I may say, left his post honoured and respected by every loyal subject in Upper Canada. It appears that the conduct of Sir Archibald Campbell, Lieutenant-Governor of New Brunswick, with respect to r the Civil List, has excited so much of the displeasure of the Assembly of that province, as to induce them to de- spatch a deputation to England with an address to his Ma- jesty, praying for the recall of Sir Archibald. To (he com- mittee who waited upon his Excellency with this address, the gallant veteran made the following reply— ra reply worthy of the man and his services to his King and country ; — ■,*..,, ",-fiy"T^ '■ 165 Reply of Sir A. Campbell io a Permutation from the House of Assembly, New Brunswick. i-. Gentlemen, The co„«iemi„„, rectilude of my „„„ e„„vhich the de- , , spatches referred to have produced in this province. In tny despatch, No. 44, 1 had the honour tolnform your Lordship, "that although, with the advice of niy Executive Council, I ha5 reser\^d all the money b\ll6 for the significatip^ his jAijesty's pleasure,' , yet^'ih'ere were three m them, to Which the Council concurred with nie in recommending that the Royal Assent should immediately be given." ' . .'^ I added, " Itwould have given me much pleasure to have at once assented to thesie three 'l)iils ; ^ut I conceive it was of greater importance to iij^aintaiii the principle, that Jhe House of Assembly is not to be allowed to embarrass the Governmenf|(iftvithoat also femb^rrassing^the country, an J that to witftkold the •% Sup^ie, doe, not mean tostopth^Government wheel buAe whole machinery of thelegisUtnre " W,th respect to the other twelve bills, I lia,I „„„,, wronger reasons for re^rving them; inasmu h a U,e expendUure of the money voted in each bill W for well-known revolutionary purposes, been u„ „n- ...u .onally committed to Republican Conm.issioner s • I tr. 'i 7 ""P"'"'' '° y<^^-mp. No 64 - dated 29th Julv. I83fi I »„,!„„ j ' fellows :- endeavoured to explain as ■ 1.?.'^°™ ' f"'' ' "■" »™«' to address your I-rdsh,p.o^the subject of the Commission.rZps w .cluwere passed by the House of Assembly duri': ,a.er last session, and which will be best explainef ^;f-f<^o{my reply to in X si received from ite Townshift,of Pickering ■.. "The sum vot*d by the Houseof Assen*ly of this %e nommally for road-money, amounts to W«y«'": and as this money is not only "voted but Blaced at the disposal of certain memWof the' - »1»"««I Comm.ss.one:., it becomes a political engine ' of enormous unconstitutional power. " " ^V Iflsidious uses to which it has been applied'^ p ""-''o'ed pnnted, list, the name of SI -. Peter .Perry oopurs no leseWn six times." ' Havi..g thus submitted to yow Lordship S-eJ " ' % , I • ,• ■f.*1i 16a mfomnngmethat at the instigation of agents from only one branch Ahe-Le^* • gislature of New Brunswick, your Lordshij, had deemed .» ,d,i,,y^_ ,^,.^^^^ g.^. ^^^^,^^^^ V , bell, to promulgate to all the North American colo.: mes that, ,mong other arrangements, the Executive Council was to be iucrease,l in number, and hence-** onvardtobe composed of individuals ■>,,..«„„ tl'eemjidence of the people." " ° In y reply of the 5th of March last, to my late Executive Council, which had been honoured by your Lordship s approval, I had stated, ■. The Licutenunt- Ooveraer maintains, that the responsibility to ,he KOPLE who are already represented by the Houseof • Assembly, which the Council assumes, is toconsti- , Jf > I, %. • "/ " A 170 J^ tutional ; that it is the duty of the Council to serve HIM, not THEM." Your Lordship cannot have forgotten the total de- feat which the Republicans experienced by rashly attempting to drive me from this invincible position ; and as the British population of tte North American Colonies were eager spectators of the conflict, your Lordship will, I am sure, par(km me for expressing the. feelings of mortificatio)a anddepressioft with which I now recollect the prophecies which, ever since the commencement of the political war I, have waged here, have invariably "foreboded that J should not be supported by the Britisl^ Government. '« It is out of my power" (I stated in my despatch, No. 24, dated 0th of April last) "to describe tp ypiir Lordship, withbut the appearance of exaggeration, the joy ^ and gladness expressed to me by all parties at the consti- tutional resistance I have madej but I will, not conceal from your Lordship that there is one question at this, mo- ment in almost everybody's mouth, namely,, ' Will the Lieutenant- Governqf be supported by the Home-Groverti- - ment?' '4le never m7i; s^y the Radicals; ' We fear h'e^ ] will not,' say the <;!onstitutionists." > ^ My Lord, there is no portion of your Lordship's instructions which I am not at this mon^at preparing tp carry into effect. • I have maile it generi|lly known that I am about to surlrender to the Provincial Legis- lature 4he casual aad territorial revenues of the Crown-; ftnd i have also informed the Cjhairmtin of a Com- .0^. -- > ir "' :At •»■ > . ' " < t4 -^-^ »; • K * i'- . V*. f / '\ '-■3; 171 ^ mi«ee of the House ^f. Assembly, to whom the re- • visioB of the Land-granting Department ha^'been ■ „nzed by H,s Majesty's Government, moreover to sarrender*. the Provincial Legislature the authority ' to regnlate^the dispbsa#*of the Cro™ Lands- but I regret to inform your Wdship, that the leading re- commendation contained fn the report of the^d ' , Committee on the Land-granting Department is, tit „the whole of the said Crown Land, shall atonce be oflered ,0 the public, (or, in other words, to Aepe^le,) at the low pric* flf five shillings an acre ! ^ "^ "^ , But wV is there now in the province to reakt this proposal f , „ , : ' , ': The only individual who might be expected to pro- tect the interests of the emigrairt,> the Lieutenant- Governor but I fear thi, erpectati™, cannot n^r be realised, forbyihelateinstructiois to Sir A.Camp- bell, the Lieutenant-Governor, if he attempted to jiguard th^ Cmwn lands, would ™t only find the two . .Whes of the I^gislatun. again* him. but his own EKeci.t.ve Council might rea^nably argue, that un- less they also opposed him, .they -vvould forfeit " tSe mf!Senci ofihe people ; " and it is impossible to &ffer ' a more convincing proof of the Teality «f this danger ' ' ■ , ""°byreferringtothepetitipnwhich.shortlyafterW . """alhere.WaSforwardedtoyourLonlsbiKearuestk,. recommending, a& surveyor-general of this province^ clerk m thepffice who (although . iuo,t loyai, gaUant ^'S- ^ H ^ -.„....^.-' ■ >>' \ ■■''' **-. •;;*.. ^.^Y' > ...^. ■ff ,;■;■ A": ,A 1. ' ■ 172 J'M^'^'' > subject) had been proved to have been acting contrary :/ to express orders as private agent. Your Lordship has only to review tlws singular " p(?tition, to perceive that it contains the names of , if almost every member of both Houses of the Legisla- ture; and it therefore clearly follows, th»t had this appointment depended on the Provincial Legisla-* ture, it would most certainly have been carrle^ into effect. ' The- necessity of ^irbteciing the eh||grant from the rapacity of the settled inhabitant, has jHist been con- nrmed by the liighest possible practical authority, namely, by Mr. President Jackson, of the United States,, who, in liis message promulgated last week, makes the following confession ; — . (After commenting at considerable length on the President's speech, and on the preponderating influ- ence which Messrs. Crane and Wilmot had obtained If' in the Colonial Office, the despatch proceeds as follows r — ) . It.will, I hope, be liberally construed as no waut of attachment to your Lordship, or of fidelity to his Majesty's Government, if I acknowledge, that I feel jealous of the intervention of a new influence, alien to the constitution of this legislature. The British Constitution has nothing whatever to fear fr9m its low-bred antagotiist Democracy, in Aijie- rica, if his Majesty's Government will not aveit |'rom us its support, , ^ m V — -1 # ^ ., . K *■ - V .,' .., ...ji. 1 I ^ ■. • • • , ' f ' <' - - r V ^•m,. : • . ' * ' . tt «) L ^y. '■' ' , .-.^v:* :■• -'* :.-, .V-. -,' ^ ■■i-iLai^t ■-■'... .. J ♦',. — ^^__ -1. .-Ji — ^^: "'■^ ;: ^ 173 / • ■ / ' ' "ouffht shall mjite US fng_ .«■ , _ ■ "^"Slcna to herself do rest but Irae." • ■ But, if (he- Lieutenant-Governors of our colonies ' be sentenccfl to contend with— - ' . , • 1 . Puilic opmion. or, in other words, tha opinL of "the people, , ■ ■ • 2. TheHou^e of Auembh,', ov the representatives y ;' the people," . . a An Executive Council required to possess tt« omjidenee of " the people." mt ^^fT i? ^^"^'''"^' "W^g ">« •«"• »not a single patent has been issued during the > 4 y ,.,^^^,><^.^.' ".n/- 176 m elections, and as almost universal suffrage prevails, the political self-purification of this metropolis offers a moral which, 1 humbly conceive, does not require a comment. I have, Sec. 'hie Lord Glenelg, &c. &c. &c. F. B. Head. I now transmitted to the Colonial Office a very long desi)atcli, enclosing the minute investigation, and ' unqualified vindication, by the House of Assembly of th^^rges brought against me in England, by Mr. Jo^BBnie and Dr. Buncombe, of having parried t**^^^W"s by " the fabrication of votes" As these docuH^s have been laid before the House of Com- mons, by his Majesty's Government, I need not here insert them. No. 56, > Upper Canada, Toronto, May 5, 1837. My Lord, With reference to your Lordship's despatch of the 12th of January last. No. 130, in Which ia,enclosed , a letter from the Deputy Secretary af War, stafing, that on being furnished with a li^t of the military pensioners referred to in my despatch of the 19th of October, 1836, No. 84, with full particulars of each man's case, the Secretary at War will consider whe- i.>- ther any mode of relief to uny'of th^^i, is ,vithin his I»uw I have the honour to transmit to your Lord sbp a report frou. E.uigrant agent A. B. Hawia-. affordnig all the information he is able to imBiy:t As the three branches of this L^i^slaturA; al- ready respectfully sup^Tlicated hisTi^^.-Frehalf of these nuserable m6n. I feel it would be improper in me to say anything further in their flavour It will appear by ^^r. Ilawke's repovt, that an exact list of ^ them cannot be obtained, and/consequently, that full particularsofeachman's case cannot be submitted to the SecKetary.at-War:-the following general description of their situation will however apply very nearly to them all. ^^ ^ ^ The commuted pensioner in Upper, -Canada is an Improvident veteran with whom the British Govern- " ^neut has profitably macfe a hard bargain ; having spent his bestdays in the service of his country from severe service and hard drir^king he has not remaining, strength to gain in this climate sufficient suhiistence ^ and consequently every winter he suffei's most bit- terly both from cold and hunger. The braver he is, the less he complains ; but his siifterings have at last attracted such general com- miseration, that last year the legislature felt it their duty to address His Majesty ^n the subject. , If relief be withheld from these poor, worn-out improvident men, another winter or two will be more thaniaanyof them can withstand. When all are r V, i N fc ^' ^ • ft . " '. ._-f ,^ • .A L ■>% ^. « V ^ '^'^ IMAGE EVALUATION TEST TARGET (MT-S) fe f . / 5r ^z- %0 1.0 I.I L2 I4ii.|28 US 11:25 iu ■25 2.0 iU 1.6 Sciences Corporalion 23 WEST MAIN STREET WEBSTER, N.Y. 1 4580 (716)873-4503 V •1>^ <^ %'' ^ "-i^ '^ ■7^ ft' 178 gone, the transaction, so far as regards the pecuniary saving, wiHsUndoubtedly be at an end ; but I respect- fully assure y^ur Lordship, it is generally considered here that a little bli^vill remain upon the brilliant history of this province, which it will then be too late to efface. * I have, &c., ' F. B.Head. No. 66. Upper Canada, Toronto, May 30, 1837. My Lord, I have the honour to inform ygur Lordship that, with the advice of my Executive Coujicil, I have this day determined to convene th^ Provincial Parliament of Upper Canada on the 19th of June. I much regret this measure, as the Council agrees with me in the opinion, not only that there exists no real necessity for convening the Legislature, but that the proclamation will tend to ruffle the commercial tranquillity which at present exists throughout this province. , The apprehension that there would be a run on the chartered banks in Upper Canada, in consequence ot their continuing specie payments, has proved to have been groundless. Nevertheless, your Lordship will easily imagine that it is impossible for me to net con- trary to the policy of the surrounding states, without opposing a number of private interests, which have ^ ' 179 gisiaiure , and as I foresee, that Avhatever cl,oo.se the least, and meet a real difficulty rathei- than one wluch would be intangible ex,!eculr7''"''""°" '-l-«'"'g the result, and ex|«l that the session will last only,afe,v days. - , I bave, &c. F. B. Head. No. 82. Mv U,^^!'"" ^*"""'"' ^''""*''- -^"'y '2. 1837. •e^p^^n'nrs.tr^iir'''^'"'"'"^*'''-^' \r.A ^ ^ ^ J^rdship the reasons which harl p.2e:t":7™'"''""*'^'"---«''«p™v!noi: « d LT "", r; "^ ■' ''^"""''«' i^^'Frieneed •» explain them to your Lordship, lie rapid improveinents which for some v,»,^ '° • "'^"''y ^h fe- people have been able Z n2 X w*;' :>-X. 180 ^ comprehend. Every undertaking had apparently been crowned with success ; every man's speculation Jiad seemed to answer ; the price of labour, although exorbitant, had everywhere been cheerfully paid, and money had appeared in such plenty, that it had profusely been given in l^rter for almost every com- modity that came to, market. In short, the country was triumphantly declared to be "going a-head;" and, as the young province, of Upper Canada was observed to be unable to keep up, the diJBFerence in its progress wascontemptuouslyascribedto the differ- ence in its form of government. Monarchical institutions were therefore ridiculed, republican principles were self-praised, and demo- cratic opinions were not only disseminated over this r continent, but, crossing the Atlaiitic, they made their appearance in our own happy jd^BFy> where it has lately been deemed by many peo^Wine and fashion- able to point to the United States of America as a proof that riveting religion to the state, and that no- bility of mind, are to 'commerce what friction is in mechanics. In the midst of all this theory, the whole com- mercial system of the United States suddenly was observed to tvmble to pieces, its boasted prosperity being converted 4nto a state of disorder allogether new in the moral history of the world, for the republic declared itself to be bankrupt, without even prietend- ing to be insolvent : in short, its banks simultaneously k\ 181 dishonoumi their own notes, keeping specie which belonged to tlieir creditors in «ieir vaults. This example of the banks offered a pretext to any man to absolve himself from his debts by fictitious bank- ruptcy. 1 he public creditors afar off, a^ well as those on the spot, had no power to save themselves, and under these circumstances a general distrust pre- vailed. ^ This sudden annihilation of national credit in the United States produced of course serious incon- venience and alarm in Upper Canada. The mysterious prosperity of the Republic was now proved to have been produced by an imprudent ' and reckless system of discounting, which had sup. plied the country with more money than it was pos- sible for it to repay : in fact, to lend money having been supposed to be quite as profitable a speculation as to borrow it, one debt had been contracted to pay another; the people had borrowed of the banks, the banks had borrowed of each 6ther, and thus the credit system had been strained till it snapped The Chartei-ed Banks of Upper Canada clearly read the moral which was brought so immediately before their eyes, and, taking warning Vrom their neighbours, they naturally enough suspended their own discounts: this precaution caused a great deal o distress to all the farmers and merchants who had been m the habit of receiving from the banks what 18 termed '• accommodation:' The more the applicatits a^ <>^V. t 182 proved ^eir inability to continue business unless they were assisted, the clearer the banks perceived the danger of relieving them. " The borrowers beitig thus unable to obtain money —the last year's crop of potatoes having failed-^the public works being arrested — and the province beui invaded by a number of emigrants, who were roaming about without the means of obtaining food or eui- ^ ployment, it was natural that everybody should en- deavour to search out the cause of the disorder which wa^,observed to prevail. The banks, perfectly sensible of the real reason, were silent, but an opinion was propagated which rapidly became popular ; namely, that the distress which existed arose from the banks continuing their specie payinents. • As so^h as the I^egislature was assembled, this theory jwas very strenuously discussed, but the mem- bers of the House of Assembly having, besides their public duties, a variety of borrowing and other private interests to represent, it was found almost impracti- cable for them to agree either respecting t)he disease or the remedy : the more the question was Stirred the more turbid it became, and, as no party iivould con- sent to abaMonthefr opinions, a Bill (see /A.), which almost "tmbodied tfiem all, was framed/ and, afteib considerable discussion, it was carrie()f through ftie House by the fallowing majority : — ,i:S8t' f. ' 183 For the ^ill Against it . 33 . 16 Majority ... 17 In tins Bill, First, the Chartered Banks (although they had never applied for the indulgence) were L heved from the forfeiture of their charters in case they should continue their business after theV had ceased to redeem their notes in specie. \ Secondly. The notes of all the banks in the pi- ymce. chartered or unchartered, as well as thedeben\ tares passed during the last session of the Legisk- ture forany sum. over six pounds five shillings, were m effect made legal tender. On this Bill coming to the Legislative Council it was amended as follows (see B.) ;— Tfie power of aUowing the banks to continue their business of banking, notwithstanding their suspension of cash payments, was placed in th^ hands of the Lieutenant-Govt^ttipr in Council, and the making ofnotes or debentures legal tenders,was cancelled. On the amendments of the Legislative CouncU re- turmng to the House oY Assembly they were rejected ; and after a long-protracted discussion, which ended W »othmg. a numb^ of the members in despair made preparations for returMng td^tW k^et ^ . On the veiy eye of their depa^e, which was justiy enough hailed by the Radicals as an ..vent certain to produce a revolution in the provincefi the 'Ik^l y 184 > Hbuse of Assembly became sensible of the calamity they were about to create. , ^ The amended Bill of the Legislative Council was again considered, and, after a most desperate struggle between public and private interest, it was with a very few trifling alterations carried by a small majority, and, being. accepted by the Legislative Council, it was assented to by me ; and thus the question which hud threatened to convulse this province (to say notliing of the effects it would have produced in Lower Canada) was satisfactorily settled and concluded. The above account may induce your Lordship to conceive that the republican and constitutional parties in the House of Assembly of Upper Canada are nearly balanced, but this is by no means the case. The policy of the Republicans has always beell^\ and still is, to arrest improvements of every descrip- tiolj, and, by encouraging whatever tends to create embarrassment and distress, to bring|d|[onarchical Government into disrepute: instead, therefore, of endeavouring to conciliate private feelings^ they art- fully did everything in their power to irritate the discussion, whatever direction it took ; jand though, upon any other subject, they would totally have failed in their object, yet, in consequence of the feehngs I have described, they certainly in this instance were very near obtaining it. "^ I have now expkihed to your Lordship the result of the extraordinary session which has just closed, and it only remains for me to state the coui^e" of policy I intend to pursue. ' I intend to recommend the banks to accommodate the public as far as in prudence they can do so ; but as the penalty which attended the exhaustion of their coffe,^ ,8 no«^ removed, or, in other words, as they would not no/v be obliged to discontinue their bank- mg in case /they should become unable to redeem their notes, ft is my opinion tliJt they should make no expensive exertions to Obtain any more specie than they now possess, but that what they have got they should freely pay away. If, while they are pursu- ing this honest course, the United States or Lower Canada (finding that suspended bank-notes are not money) should be driven t^ return to cash paymerrts. Upper Canada will then triumphantly have weathered the storm : if^ on the other hand, no such events should Occur, and that their coffers are consequently dmined. still the good faith of the province will have been preserved; and, without desiring to value credit at mo^^than its intrinsic wortfi, I have reason to belieye^hM the banks themselves feel that the com- mercial character of Upper Canada is of more value eveMo themselves, than the trifling cost of replenish- ing then-vaults whenever this continent shall return to cash payments. , Although a violent and almost universal x^lamour 1ms been raised against the continuance of cash payi nients, yet I M proud in informing your Loixlship. 186 . that up to the present day no application has been made by any one of the Chartered Banks to the legislature or to myself for permission to suspend. The power to grant this permission has now been placed by the Legislature into my hands. If it be sought for, and if, atler attentively listening to the arguments urged in its favour, I see reason to grant it, I will not hesitate to do so. On the other hand, your Lordship may depend that I will not be driven by clamour to give up the proud position which, by the ifltegrity of tbeL Chai-tered ^Qanks, this province has up to the present moment been en- abled to maintain. I have, &c. ^F. B. Head. 187 r M ^ CHAPTER VUl. The Colo„i.li)ffice again legWafe on e:..parte .latement.-Second Men,oranduB, on the political state of the CaaaJa -cT io», aue. tion respectlnir fue five ilavBs Thir,i vr. a '^"""'»» q«e«- The following despatch affords another example of the fatal propensity of the Colonial Office to legis- late on «f*-par/4ccueation8, however small and insig- nificant the matter itself may be. if it gives the oppor- tunity of casting- anything like censure oi; that branch of the legislftti^re whose duty it is to stand, whenever necessary. agaWt the representatives of the people. rovemmfint House, July 2Qth, 1837. My Lord. / ^--J have Jhe; honour tm .he Houae of Assembly, obtained the ,.JnZ of the casual and territorial revenue. When the" own scale wa, tl.us heavily laden, they next asked ^t the «.lary or influence of their Governor „,ight 7"*'J ^ '■«'■-<»'; when tin, ,vas granted, ,1 ™.ur^ed .n t„u„,ph. .heir Governor, retiring fZ f ""-fl-t. yielding to them the 6eM ; tut the bon fires were hardly extinguished, when Mr. A. Wilmft I^rce.vef„n, the journals, p:.p„sed that the Execu-' t.ve Councl should be converted into person. -Z m«ng me confidence ofthe people." which, i„ these Colon.es „ea„s nothing more nor less than that the then stufled with republicad brains. 2. In Upper Canada, the opposite or negative process, I mean .he «nconcili„.„ry course if t,licy has, .t cannot be denied, practically tranquillized the W ™" r i *"" "°* ""'j' ™"'P'''"''y overthrown the er»«,,.s,„f the British Constitution; but, in a ver^- great degree, has eflected their conversion. Hun ' reds of men who leaned with .heir whole weigh. W»»tthe Government, solong as they found itbend I *!"'"• PT""' ™''''«°'y ««<»d «ect to defend it «.e mstan^ rt resolutely commanded them to keep off . P opfe of the most violent politics have lately acknow fe ged themselves to have been in error f and evl t^e late Speaker, Mr. Bidwell himself, who ,vas .he "Vowed republican associate of Mr. Papineau, now O' W' ■ 198 openly declares that he deeply regreta the course he was led to pursue. - \ I could proceed to prove to your Lordship, that tlie policy I have humbly pursued has very numerous supporters, even in the United States ; but I \v;)l not seek for evidence beyond the limits of Her Majesty's dominions. I will merely observe to your Lordsliip, that the success which has been obtained in Upper Canada is not adventitious ; but that it is a result which, in my very first despatch, dated the 5th Fe- bruary, 1836, to your Lordship, I distinctly foretold as follows : — " As far as I havis been able to judge, I should say that the republican patty are implacable, that no concession whatever will satiify them, their self-interedted obje^ being to possess themselves of the Government of this province, for the sake of lucre and emolument. " Under these circumstances, I conceive that the great danger I had to avoid was the slightest attempt to conciliate any party, and that the only course for me to'^'adopt was to act fearlessly, undisguisedly, and straightforwardly, for the interests of the country — to throw myself on the good sense and good feeling of the people, and abide a result which, I firmly believe, will eventually be triumphant." Having concluded the foregoing preliminary ob- servations, I will now very shortly proceed to submit to your Lordship, hot my remarks respecting the late resolutions of the Imperial Parliament, for as they have passed it is useless now to discuss them, but my humble opinion of the course which should hencefor- ward be adopted. I therefore respectfully recom- C-'. 199 mend H«5r Majesty's Government to frame their future policy upon two unalterable determinations. 1. NOLUMUS LeqbS ANOUiB mutari. 2. We will not retain possession of the CaNADAS by FORCg OF ArMS. [I imaii by fhii— 1. We will not mutilate the British Constitution in our Colonies by concessions to Democracy. v/wiuu«» 2. Let us gorem by moral power, and not by military force • fL e " Let s clap the padlock' on the affections of the people.)] ' My Lord, I have no hesitation in saying, that if „ these two maxims are mildly but firnUy maintained, truth, reason, and justice wiU overpower the factious opposition that is now offered to us, and that a splendid moral triumph will be the result. Much might be written on this subject, but with the voluminous details which are already before the Government. I feel that the deliberate result of my opinion will be less troublesome to your Lordship than a statement of the minute arguments on which it has been founded. The servants of the Crown in Lower Canada ought, I conceive, to be immediately and for ever made independent of th6 House of Assembly, by an act of the Imperial Parliament t have, &c. ^' F.B.Head. The above official opinions, like all wliich I have humbly offered, were deemed unworthy to be laid before the Imperial PwUament. The British Cotf \ 200 stitution in our colonies was weak^ed again by concessions, and then, to [Prevent its falling, it was found necessary to support it l>y force of bayonets. No. U2, . Upper Canada, Toronto, Sth October, 1837. My Lord, •I have the honour to submit to your Lordship sundry documents, as per Schedule, respecting the case of Jesse Happy, a fugitive slave, who has been demanded front, me by the Governor of the Com- monwealth of Kentucky on , a charge of horse stealing. t Your Lordship will percejve the reasons for which, by the advice of my Executive Council, I declined to deliver up this- man, who continues a prifionei* in Hamilton Gaol, until he should I)ftve had time to procure affidavits of the facts set forth in the various petitions I havie received in his behalf. Your Lordship will also perceive it is by the advice of the Council that I now respectfully beg leave to draw the attention of her Majesty's Govern- ment to this case as a matter of general policy. ' I believe no one is disposed to deny that the Canaddllli as well 'as the United States, are much blsnefited by that portion of the • prbvincial statute which> for the general purification of society, encourages each to claim from the other persons guilty of felony. To this arrangement I have invariably given all 201 thewMMance ii, my power; «nd in a late inrtance ahhough very great exertions were made to induce mc to refuse to surrender a man demanded by the authorities of New York, on a charge of having, robbed th^ Rochester Bank, yet. in spite of the arguments aiid recoinmendatfons in hie favour I gave him up. and have since iearned that he haa confessed his guilt. ^t^ I have also to inform your Lordship that in a case' which was brought before me only a few days pre- vious to that which is the subject of Uiis communi- cation, I insisted on giving up to the Governor of the Commonwealth of Kentucky a slave wfio, in order to effect Ifis escape, had been guilty of stealing his master's horBe. I submit to yoiir Lordshi,, a^py of a petition 1 received in this man's favour, with my reply thereto, and have to inform your Lordship that the under-sheriff was attacked in endeavouring to carry my orders into effecH that two men were killed and others wounded ^n the affray, which ended in the escape of the prisoner, which is nU the sub- j^t of judicial investigation! I mention these facts to satisfy your Lordship that Jam by nio means desirous that this province should become rin- asylum for the guilty of any colour: at the same tune the documents submitted with this despatch will I conceive show that the subject of giving up fugitive shtves to th authorities of th& --adjoimng republican states is one respecting which ; it is highly desirablo I should receive from her Majesty's Government specific instructions. it is quite true, that if a white man who has stolen a, horse from the Commonwealth of Ken- tucky comes with it, or without it, to Uiis province lie is by the statute I liave alluded to liafa|e -ttM given i!lip on demand to the neigtibouriug authi and it certainly does seem to follow that a black- man ought not tp expect; because our laws grant him personal freedom, that he should moreover claim from them emancipation from trial for crimes for which even British-bora subjects would: be held responsible. Yet on the other hand it may be argued t^ai^ slitve escaping from bondage on \m master's norse is a- vicious struggle between two guilty parties, of which the slaye-owi^er is not only the aggressor, but the blackest criminal of the two. It is the case of the dealer in' human flesh versus the stealer of horse-flesh ; and it jnay be argued that, if the British Government does not feel itself authorized to pass judgment on the plaintifi', neither should it on the defendant, j^ufk, - The clotUks and even the mH|H|Mf a alsm^ undeniably the property of IHilKPNir, and it may be argued, that it is atf much a theft in the slave walking from slavery to liberty in his master's shoes as ridiiig on his master's horse ; and yet* surely a slaves breaking out of his master's house is not gu^^(|^f the same burglary which a thief wo^d / 908 ooramit who should force the saine'lock,^ ind Iwltt ^ ijp order to brei^k in I ;iyjBe,ide. theae ob«,rvationa on the general principle y^ihe ineaaure. the objection! uPged to iti practice are as follows :'— • It is aliened, that after a H^ave surrendered by tlie Ututenant-Governor of Upper Canada has been tried in the United 8tate«. an^ acquitted of the offence laid to his clvtfge. he is sure to be Uen back to alavery by ffis^9W master; and that, to obtain thin object, It le notorious that false affidaTita can always ' • he obtai,H< in a slave state, against any runaway slave |i, 8 therefore argued, that giving up a skve .for triW to the American laws, is. in fact, giving him back to his former master ; and. therefore, that untif the repubMcan awthorities can separate trial from such iinjust punishment.4l|iit, however willing we may be to give up a man to the former, we are justified in wfusing to deliver him up to the latter, unless suffi- ciept security be entered into in this province, that the perwn delvered up for trial shall be brought back to Upper Canadu as soon as his trial or the punishment awarded by it shall be concluded. It it argued, that the repblioan states have no ' right, under the pretext of any human treaty, to claim from the British Government, which does not recog- nwe shivery. b«ngs who by slave-la^Y are not recognised as m«i, and who actually existed as brute beasts in moral darkneaiC until on reaching British ^ is), ..1, ' ' ,; fi '^/M^.k <®> / 204 soil they suddenly heard, for the first time in their lives, the sacred words, " Let there be light, and there was light ! " From that moment it is. argued they were created men, and if this be true, it is said they cannot be held responsible for conduct prior to their existence. > Having now furnished your Lordship with the principal arguments which are used against the course I myself have adopted in one slave-case, ftlud have only hesitated to adopt % another, 1 beg leave respect- fully to recomnjend that instructions on the subject may without delay be transmitted to the Lieute- nant-Governor of this province. I have, &c. ■ F. B. Head. Third Memorandum on the Political State oj .the Canadas. Toronto, ]Sth November, 1837. My Lord, Being sensible that your Lordship will be desirous 1o receijift authentic information not only of the gene- ral state of affairs in the Canadas, but of the particular course of policy which is being pursued in each of the provinces, I have the tonotir to enclose to your Lordship a copy of tf second letter, which has been expressly despatched to me by Sir John Colborne, with a copy of my reply thereto. These letters, short and familiar as they are, contain ; 205 a moral of considerable importance, for they indis- ,, putably shew that the Canadas are each acting on a pnnciple diametrically opposed to the other-the Loirer Province centripetally drawing to itself as much military force as it can collect ; the Upper Promce centrifugally discarding every British sol- dier from its territory. My Lord, it is I conceive undeniable, that for many years Mr. Papineau has been labouring to separate the Canadas from the mother-country To effect this object by force he has been perfectly sen- sible would be impossible ; he has, therefore, been endeavouring to attain it by^neans which may almost be termed fconstitutional, namely, by seeking the intervention and authority of the Imperii^l Parlia- ment. For this purpose, a member of the House of Com- mons (Mr. Roebuck) has been paid by the House of Assembly of Lower Canada to expatiate on griev- ances, and to declare at aU times and in all places to those who have no personal acquaintance with the Canadas, that the people there are restless, dissatis- M yearning for republican institutions, and that unless the never-ending, stiUbeginning concessions ihey require are granted, another American war must be the result. In order to corroborate these vague statements by evidence, Mr. Papineau's policy has been to involve each succeeding Governor in a quarrel with the 206V/'^ House of Assembly, to keep up an endless war be- tween the two Houses of the Legislature, as well as betweeft the Assembly and the Executive Couneil. Besides this, in order to create discontent among the people, all great improvements have been discounte-* nanced, immigration has been taxed, tttid every tHfti-' fice has been resorted to, practically, to convince them that there really must exist something in the m^nage^ ment or rather mismanagement of their ^ountjff^ which required " reform." " / **; v^^ While Mr. Papineau was himself working out this revolutionary formula in Lower Canada, he well knew it would be absolutely necessary he should pro- mote a ^nspiracy in the Upper Province — accord- ingly Mr. Joseph Hume was selected to ech> Mr. Roebuck's complaints in the House of Commons, while Mr. Bidwell was to be the mimic in Upper Canada of Mr. Papineau himself. By pointing out grievances with one hand, aid pre- venting their correction by the other, a small repub- lican party in this province managed to create discontent, and gradually to obtain a majority in the House of Assembly ; and the revenue of the province being thus at their disposal, they availed themselves of every possible opportunity to pay and employ those only who, by disseminating falsehood, would create discontent. [ Under this malign influence people in the remote districts conceived that every difficulty they met in 207 the backwoods proceeded from the British Govern- ment; and as it was invariably stated to then, that if they were nnder a repubUc diey would instantly be reheved, they had every possible temptation to revdt. % republican agents had the power of worming ., tVe.r way to these poor people by paths, on which It •Jt was believed nothing proceeding from the Govern- ment could be made to travel : the rebel party fancy- ing therefore that the ignorance in which their vic- tnns were involved could not be dispelled, openly boasted of their triumph, and in the House of As! «mbly instantly evinced the Inost treasonafie dispo- My Lord, affairs were in this state: the House of Assembly of Lower Canada had published their mnety-two resolutions ; the Assembly of this province (although they pretended to have attachment to the mother-country) were advocating an Executive Coun- cil responsibleto the people, an elective Legislative Council, and were openly insulting the Executive, when I arrived in this province. And yet with all these advantages Mr. Papineau knew perfectly well that he day had not arrived for attempting to carinr h.8 object bf^ force ; with every desire to do so, he WAS afraid: in short he knew quite well that, though the dissemination of his poison had sickened loyalty It was not yet dead ! '' The result of the exertions which I humbly made proved the accuracy of his judgment. ''Vv- 208 / By addressing the people in homely language L re- vived the loyal spirit in Upper Canada, and by resorting to reason instead of military force, I became at last enabled by the assistance of the former to dis- miss the latter from the province. I mention these facts to your Lordship for the pur- pose of showing the impolicy of our now allowing Mr. Papineau to enjoy the triumph of making it appear that we retain possession of the Lower Province only by force of arms. If Lower Canada were to be governed by reason instead of by force, I beg leave to ask how could it possibly separate itself from the British Empire? If the Republicans of the two provinces, united, were afraid to attempt it, what chance has one to attain it, now that its comrade has turned against it ? Suppose that by a coup-de-main Mr. Papineau could gain forcible possession of Montreal and of the fortress of Quebec, what could they be worth to him but a hempen neck-cloth ? Would the British population be annihilated ? Would there be no reaction ? Would Upper Canada submit to a republic between it and , the ocean ? I can assure your Lordship that Mr. Papineau's dominion, like his hfe, would hang only by a thread. Between the British navy on the one side, and the brave militia of Upper Canada and of New Brunswick on the other, he would find himself a wild elephant between two tame ones. It may appear strange that Mr. Papineau, whose 209 abilities We been prov«I by the demo«liz«tio„ ttev 1-e effected, should at this m„„,„t be occupyi /I r'T ': T"'""^ -"enable; but the f,J'X taumphs by the weakness „f o„ conduct, ^ tl li l.e .s .n reahty a ruined man, yet he has n,a JTbv u..pudence and artifice to gain .l,e very darlingtwl « short, he has summoned eight British regfmen J ilL LnrT """""'Siable evidence that we requue mj,.ary force to ..tain possession of that presence of the ti-oops, yet I do respectfully submit to p^tences ^ '^ ^""*'' """"" '"''• "-y ««= The force at present in Wer Canada is unneces- «"T; but we have had recourse to it from the sam, «« lortunate aberration that has hithertoTndu Ju ,vL tu K ■ '"■"'"'^'"° *" "'« i-^k-ce with vlnch they have been indicted. Fr„„, the extrZe :;ra''d'^%"'" -^demy «„„„ to the TZl "ganger; and influenced in both instance, by our are mvincble, have passed unheeded. It IS now late in the day to repent of our policy • «. 210 l)ut there is yet time not only to confess, but to cor- rect the errors we have been guilty of. • My Lord, I respectfully recommend her Majesty's (jovernment immediately to abstract all the troops from Lower Canada' excepting those necessary to ■garrison Quebec and ]V|ontreal. _ As soon as the political atmosphere shall be thus purified, let Mr. Papineau, if he dare, attack tlie Queen's Government, and the British population of our North American Colonies ; let him, if he dare, take forcible |K)ssession of the Lower Province. Instead of encouraging the loyal inhabitants of both provinces ignominiously to lean upon our troops, let us allow them to fight if necessary foi* themselves, for their familiesT^nd for their liberties ; dnd if this policy be mildly but firmly pursued, the civilized world will cheer us in our path, and, as I have before ventured to assure your Lordship, a brilliaut moral victory will be the result. I have, &c. F. B. Head. r P.S. Since writing the above, I have just received from an officer sent expressly to me from Montreal b^ Sir John CoHjjjjrne, a letter urging me to de- spatch to Lower Canada some companies of our militia for five months' service, as Sir John observes, '• // we do not immediately take active measures to 211i arn,and organise .^rfrieL, He province « J, I have the honour to enclose a eopy of Sir J„h„ Colbon.es c„n,n,unic«.i„„. with n,y rep,„ .fce'et wuch w,ll explain to your Lordship Z reC^ ":Mr;ur™''""''™-'~^»™^^^^^ Notmthstanding the state of the Lower Province a. reporte.1 to ,„e by the officer commanding h^ forces. I remain still of the opinion already expfesld '" "-J-Patch, nan.ely, that her Majesty's GoZ- «». should mmediately abstract all the Lp'Z srarirs"^'^"-— ^'».-- I am perfectly sensible that this recommendation wJl appear ex.raordina.y .„ your Lordsh" whe„ tolborne. I wji, therefore, endeavour to explain op.n,o„s which I can assure your Lordship I lie not the slightest desire to advocate. If Mr. Papineau and his followers were a foreign ■;:tdtr''''r^'^''^''-»''''«p-/^s- ^houdpredonrfnate: but the French A*<,„/„f lie Butish troops, and ji. the present state „f the ■vilised world, I do maintain that a civil Jar murt eventually declare itself in favour of moral and not ^ . p 2 . 212 of physical preponderance. The peace, welfare, and stability of society depend upon the ihaintenance of this principle ; and such is tlve momentum of public opinion, that I feel confident no power on earth can now-a-days prevail which attempts to withstand it. I. submit to your Lordship, that no government is justified in attacking its own citizens until it has previously gone through" the forms of endeavouring to govern them by firmness and reason. A govern- ment need not be firm, nor need it be reasonable, but the fatal consequence of its being neither one nor the other is, that it exists in an unfit st^e suddenly to put down rebellion by force ; for what is despotism but government safis reason ? My Lord, I say nothing against the unfortunate by-gone system of conciliation which has hitherto been adopted in Lower Canada — I will even admit, for argument's sake, that the Government was right to try the experiment, — but I respectfully maintain that it is not justified in flying from it to the opposite extreme without having had recourse to the middle regimen I have described. But it is ai-gued that the British population is in actual danger, that the Lower Province " will be lost" unless we have immediate recourse to physical force, and, consequently, that it is now too late to philosophise on the subject. I conceive that the argument is the same as if a man who had commenced to build his house on a bog were to in- sist on continuing it because he had already completed its firs. y. It i, e,„, th« removal of the build- W would be mortifying and expensive. b«i, it were ™poss,bIe for it to ,.a„d. L soo:^er i. ,1" abandoned the better. / f My Lord I conceive that no quantity „f irftish ^ps would be sufficient to put do Jagital" 1 W Canada, or even ,o p™tect eve./peJbn in bat province from open violence. The culekme attempt on our par. to do all this by soldiers luW apFar to the world a series of aggressions, ,S h would sooner or ater excite sympat'hy i„ ft™!.;:' Mr. Papmeau and his adherents On the other hand, if, sheathing the sword, we were ..once to place ourselves on tfe defen ive, Tnd openly awaj. the ,ery evils we are now tryi g "„ avert, Mr. Papineau would then be driven either t g.ve up ag,wtion or to become the aggressor in of the North Amencan colonies) should instantly a^:e:::s:^T:r""^'^ "■"''' '■'■'''-"■"'^ I submit ,0 your Lordship, that in military strength Mr. Papmeau has no chance whatever of successfully contendmg aga„,st the British empire. I^t us! Wore, equally be his superior in that n.oral powe by wh,eh our possession and protection of the Cana- das must eventually be decided. F.B.H. The foregoing opinions (which by her JIajesty's 214 .y_ government were not deemed worthy to be included among those subi^itted to the Imperial Parliament) clearly show that I had totall/ failed to foresee the ^invasion of our colonies by our Americtfn allies. I DWfi, however (and the confession should shame them), that it never entered into my heart fqr«a moment to conceive that, while American friewlslifj^ was stand- ing smiling at our side, its hand Wjjlli/;dniy waiting until we faced our difficulties to stab i\d in the back ! " Experience," they say " makes men wise," but where in the page of the history of civilised nations was such experience to be learned ? \t is recorded for the first time ; and I toibly subniit that I am much less deserving of biiKW tor not having antici- pated this attack than is the British nation, who, al- though the event has actually happened, can scarcely even now, by argument or facts, be persuaded to believe what the conduct of the American -authorities has been. To repel this unprecedented attack of faithless friends thg whole energies of the British Empire should, if ne- cessary, be directed, just as they should be directed to repel an invasion of our colonies by the power of France or Russia. But, leaving this unnatural contin- gency out of the question, and returning to the do- mestic government of our North American colonies, I beg leave to say that, barring foreign invasion, I most unalterably adhere to the opinions expressed in the foregoing despatch : for I well know that I speak the sentiments of the British population of our North Am*- -T" f . 215 rican colonies, when I say that if, instedd of sending out seven-and-twenty regiments, her Majesty's Govern- ment would send out only one man. who. standing alone among them, would promise the people that, while he hved the institutions of our empire sl^uM never be changed, a universal British cheer would^ resound throughout our colonies, and -Reports" ofalWed -grievances would be heard of no njare. When the ^^l ^?r ^'"'^' ^'^^ ^^^'^^'^ *«' did they , noUtnctly fulfil the prophecy by responding to the call? And 18 It not an historical fact, that the brave inhabitants of New Brunswick, with their Lieutenant- Governor at their li^ad, stood not only ready, but earnestly wishing to be called ? Grievances ' 'Sena- ' ration from the mother country ! Hatred to Britk ^ institutions! ,7V^«W attachment to . democracy ! Commissions of Inquiry, one after another, may in our colonies no doubt collect complaints in detail, just as they would be collected from every regiment and eveiy hne-of-battle shipin our service, were we to pay Fople for searching for thfem ; but, let the enemy 1 Far, let the British colours be hauled up. and let our people but see the foe who unjustifiably advances to deprive them of their liberties, and in one moment all complaints are forgotten ! The foUowing despatch affords , „ - Js another sad example of the endless embarmsments whicl, the Lieutenaut-Govemors of ou. p,.ovmce8 suffer ^ 216 1 ■ ''' .' \' from the ea,ve8-dropj)ing system of our Colonial Office/ . ■ ■ ■ ^''•■*' , > . No. 1^. ' - ■• Upper Canada, 27th Nov., 1837. My Lord, I have the honour to transmit to your Lordship a pamphlet entitled " the Correspondence of the Honour- able William Morris with the Colonial Office as the delegate from the Presbyterian body in Canada.'' I have also tbe honour to transmit a copy of a com- munication' which, in consequence of the above publication, I directed my civil secretary to address . to the Moderator of the Synod. Your Lordship will, from the above document, per- ceive the inconvenience which has arisen from allow- ing " a delegate" from this province the entire perusaF in Downing-gtreet of a despatch which it is left to my judgment to deteripine whethei' the whole or a part only should be published in Upper Canada. With respect to the intemperate, uncalled-for lan- guage contained in the pamphlet, I have only to re- quest tha|; your Lordship will, be so good as to com- pare it with the accusations lately made against the Attorney-General of this province, from the effects of which that officer as well as her Majesty's Solicitor General are still suffering. - . I have, ^c' F. B. Head. Vo v: * ' r V * <►. 217 - I« there another public office in tl.e"^8tate-i„ the world_which would permit it8.conditionalor.discre- tional orders to its confidential servants to be thus perused, while the nmtters were siill pendinc., by in- terested or hostile individuals, whose known puLse .was to thwart them ? -\ . .^' .'•.3ti} Ofr - H-;, 219 > No. 72. (copy.) Toronto, Upper Canada, \2th Sept., 1836 My Lord, I have the honfiir to transmit to your Lordship the accompanying Memorial from Mr. George Ridout complaining that he has experienced unjust treatment from me. The facts attending this gentleman's dismissal from his situations of Judge of the District Court oFNiagara of Justice of the Peace, and of Colonel of Militia, are shortly as follows : — On the 27th March last. Mr. George Ridout, head- iiag the deputation, read that address to me from a public meeting held at the City Hall, by Dr. O'Grady (the editor of the Correspondent and Advocate) and others which I forwarded to your Lordship on the 6th of April last, in my despatch No. 24. Shortly afterwards Mr. Ridout made a declaration which became the subject of general conversation, that, m the event of his being dismissed by me from office. •• / should deserve to be tarred and feathered, and that he would lend a Jiand to do so." In one of the public offices in Toronto he declared that we must or should now have " war to the knife r Mr. George Ridout was a frequent attendant as weU as speaker at the Constitutional Reform Society. .Jbrn^ whi c h w as widf^ circul ated a pr iuted^ addresr"^ > ■ ^M^kfii;^ :.. . 220 signed by Dr. Baldwin, of which the following is an extract: — * " It ig our duty solfemnly to assure you, that the conduct of Sir Francis Bond Head has been alike a disregard of Constitutional Government, and of candour and truthin his statements." Mr. Ridout declares he is not a member of this society, yet from his frequent attendance and speak- ing at the meetings of this society, before as well as after it had, for mere electioneering purposes, changed its name (only a few weeks ago) from the " Alliance" to the " Constitutional Reform Society," I felt I had a right to consider him as an active member. Previous, hbwever, to declaring him to be such, I took the precaution of obtaining a legal opinio on |he subject, which was that Mr. G. Ridout most de- cidedly did appear to be an active member of the said Society. It is perfectly true that old JMr. Ridout was a loyal, gentlemanlike, and estimable man, and it was from a benevolent desire to reclaim Mr. G. Ridout, his son, from radical principles, that the situations he held were successively heg^ped upon him by Sir Peregrine Maitland and by Sir J. Colborne ; but the more he was favoured the' more violent he became, and when, as a judge and colonel of militia, he talked about tarring and feathering the King's representative, I considered it was my duty to inform him that his Majesty h.ad no further occasion for his servines. 221 I may add that, shortly afte^my arrival here, I myself took a ^reat deal of trouble to endeavour to reclaim Mr. GeWge Ridout, and kindly to pei^uade him of his error^ but in vain. \ I have, &c. (Signed) F. B. Head. The Petition of ol^orge! Ridout, of the city of Toronto, in Upper Canada, Bar rister-at- Law \ Shewelh, \ That your petitioner, ^ native of Canada, and son of the" late Honourable Thoniali Rid^t, Surveyor: General, was appointed a Lieutenant ivhose views may •differ from each other as to the interpretation of the King's inktruction^ ; if» proscription is to follow acts previously deemed .flbt only harmless, but constitutional, and even entitle^ to favour, because a new Governor adopts a policy diametrically op- posite to that of his predecessor — then must the situation of the honest inhtibitants of Upper Canada be deplorable indeed. The natural consequence must be, that men ac- customed to the equal and. steady application of known rules and laws, and to the mild sway of thp British Govern- ment, will abandon the country, and the emigrant will avoid so frightful a tyranny. Convinced that your Lordship will not sanction injustice, nor permit any man, jiowever exalted in station, to use the power delegated to him for the Use of his Majesty's subjects, to be exercised in their oppression, I appeal, with the utmost confidence, from the decision of Sir Frahcis B. Head to the justice of his Majesty's Government, for such redress as a gentleman of unblemished honour, and a loyal British subject, has a right to ejcpect. AU which is humbly submitted. | (Signed) Geokob Ridout. Toronto, Upper Canada, 12th August, 1836. Goverhme7it House/l2th July, 1836. Sir, . ^^_ I am commanded by the Lieutenant-Grovemor to call your attention to the enclosed printed address, which has lately been widely circulated by, and •• on behalf of a" so- ciety, .of which it appears you are an active member. The Lieutenant-Governor df^res me to observe, that the - 225 . -V language contained in this address hi^ hith . .ha. »o person should be v.^Zil^y^'T""'- .rust or confidence under the ft 11 c "'" °"°' " .a»pu (ho„e,er unsu J^iy t i^rrr "*°^'- .Governor of .he province t, ..^.u^rslt it'Ired m.yoiir society's address H;« «< ii '^ *'°'^^«'««'* ^-sH-h.p:,nru.d„r.oai^::er2„'::t Peace. ' ' ""^ •''»''«« of 'he George Rdouf, Esq.. Toronto. /o Ihetrfelhu, Hefornms. .Mate ExeetrcLSZ'J'/ r" r'^"^""" "^ liameut. ' The unan,„,r, J'^olution of Par- ' »h™ Con J. r : ; 4r rtv '"^ir "^'- «<*i»«.„, the Honourable GHM ,*"""'*'» ''^"■'■ JMWeliB, HonourTHe J H n " ■ • '"'°"'^'"° »l« and John Koloh Z. ' 7°?' "'' «»'«« B'W- ^ow the E,e^,,„ ,^,,„ ^ d i , 4: l°,fro^-. Q .A. *«-, 826 viously belonging to their office, and imposed by their oath, of advising the Lieutenant-Governor upon our public affairs, preparatory to his final and discretionary action upon those affairs, betrays a disposition, as a stranger, to conduct the government in an arbitrary, unsafe, and unconstitutional manner, which the House of Assembly, unlesa traitors to us, could not sanction or grant supplies to uphold. The fifty-seven rectories could tiot by law have been esta- blished without the advice and consent of the Executive Council of the province ; and their recent establishment and endowment, with their exclusive ecclesiastical rights and privileges, is a practical and melancholy proof of the indis- pensable necessity of a good and honest Executive Council, alike possessing the confidence of the King and the people. It is our duty solemnly to assure you that the conduct of Sir Francis Bond Head has been alike a disregard of con- stitutional government, and of candour and truth in his statements to you. We therefore appeal to you most ear- nestly not to abandon your faithful representatives at tjje approaching contest, but by your manly conduct prove your- selves worthy of good government and honest public servants. (Signed) W. W. Baldwin, President. (copy) . , Adjutant-Generals Office, Toronto, July 20. 1836. Sir, With reference to the communication which has beer, made to you this day by Mr. Secretary Joseph, I am com- manded by his Excellency the Lieutenant-Governor to acquaint you, that for the reasons assigned in that commu- ^ 227 X »««fon. his Majesty Im no farther occasion fn.: , ' : -: . * have the honour to be, ■'■^ .' Sir, '^our most obedient servant, ... (S%ned) N. Coffin, , .. ; „ (Signed) N. CoppiN, Adjutant-Gencral of MilitiE, Upper Canada. S„_ ' Tormh, July 14, 1836. WhiU. in the di«harga of „y d„, ,,■ , y;^ le-ler of A. m i„.t, con,™„„ica,i„g ,„ „e tha/f" « ajs,gned by Mr. Joseph, his Majesty had no fur- .her occ^on fo, „y ^^^^^^ ^ ^^,^__^| X u menl of Ei|st Fork Militia. ^ or ,L 1 ■"'*'°"'^ """'" '^'" "■»'- "»« "° foundation ' " e .0 add ^„y,h,„g fa„h„. u,.„™erely ,o remind y„„C laH a. alS '"''^"^/'--'' °» "«' "PP-ching court mH.al at Cobourg, and t„ beg of you ,o consider this a '""«"' "?'■'» of "y-^ignation of ihatofBce. I have the honour to be. Sir, Your most obedient servant, N. Coffin, ^^'^"^'^ Ge'okge' R,DOt;T. Adjutan tJG eneral of Militia. q2 ' .41- J 228 (copy.) Toronto, lith July, 1S3&. Sir, Not beiW aware that any act of mine could be construed into a suflic^nt justification for the extraordinary step lately taken in dismissing me from the colonelcy of the second Regiment East York Militia, unless the vote for my brother- in-law can be considered a sufficient pretext,, a privilege it is pretended that every elector has a * right fearlessly and independently to exercise, I take the liberty of de- manding a court-martial. I have the honour to be, &c. (Signed) George Ridout. To Colonel Coffin, Adjutant General of Militia, &e. &c. &c. A true Copy. (Signed) N. Coffin, Adjutant General of Militia. (copy.) Adjutant-GeneraVs Office, Toronto, July 10, 1836. Sir, I have had the honour to submit to his Excellency the Lieutenant-Governor your letter of the 14th instant, which, I ^ijiist observe, was only brought to my office by your clerk yesterday; and am commanded by his Excellency to in- form you, that as you are no longer an officer of Militia, it would be proper, in order to bring you to court-mar- tial, that you should be reinstated in the rank you formerly held, an arraagemeat which his Excellency declines to sanction. His Excellency deems it scarcely necessary to observe to you, that it was not for having v^ted for your brother-in- 229 law that you wore removed from the situations you held, in his Majesty's service. , " I have the honour to be. Sir, .^ - . &c. &c. &c. '' (Signed) ^'N, Coffin, / A * « . Adjutant-General of Militia A true Copy. (Signed) N. Coffin, Adjutant-General of Militia, Upper Canada. MEMORA^BUM.-The original letter, of which this is a • copy, was, by h. Excellences commands, returned to tht writer the day after its receipt. " * J. Joseph. /- " Toronto, 27th July, 1836 To His Excellency Sir R B. Head, Knight. &c. &c &c and Lieutenant-Governor of Upper Canada. May it pifease Your Excellency, I have the honour to state for your information that I fl^dl^a letter addressed to me by the Adjutant-6e ell of Mil,,.a, that your Excellency refuses me a court-martial but admits that I have not been removed from the s Z* p.Wlnch I held in his Majesty's service for vot^gl favour of my brother-in-law at the late election ^ Infringing my case under the notice of his Majesty's Gcetnment u is material (hat the facts should be truly stated I beg therefore to remind your ExceHency that I am fully prepared to prove, as mentioned in a former col! mun.cation,that the reasons assigned by your Excellency Wh TT/r": "'"^'' "^ *°^^"y ^"'hout foundation! Why should I hesitate to speak the whole truth? Thev ^^e altogether untrue. , ^ J^^ °"^y Other re a son wh ich I could thmk^ t» TTOs my" f^' .f 230 vote, which your Excellency, as appears from the Adjutant- General's letter, admits not to have been the case. The clear and undeniable inference therefore is, that, in as far as depends upon your Excellency, I am disgraced and turned out of office under false pretences, and because it is your pleasure. Such a course of proceeding will not be approved of by my gracious Sovereign, so just and tender in the exercise of his power, nor will his Majesty countenance oppression on the part of those to whom he has delegated a portion of his authority, or suflfer them, if guilty of injustice, to pass unpuni^ed. "" It will scarcely be credited in the House of Commons, or by the British public, that a man, who has served without a view to reward during a bitter war, shojijd be insultingly oppressed by "^one — a stranger to the /province, as your ' Excellency is — a stranger to the services of many of its inhabitants — but clothed with a, little brief Whority, in- trusted to you by the Colonial Minister, anS listening to evil, irresponsible advisers, exercises that power in the violent reckless manner in which it has blen directed against me. '"• After disQovering that the reasons assigned for my dis missal were untrue, and that there was no just ground for such a proceeding, the honourable course would have been to have restored me instantly to my offices, with such apologies for my wounded feelings as one gentleman owes to another whom he has unjustly aspersed. But as this has not been done I feel myself justified ia stating to his Majesty's Government that I have been treated with tjie grossest injustice, without even the shadow of misconduct on my part, for the reasons assigned are totally without foundation. IIP 281 If. however, even at th« late period, your Excellency has any other reasons than those given, which have been hitherto kept back. I am willing to allow them every weight; nor shall I attempt, when informed of their existence, to suppress or lessen their just influence with his Majesty's Government in the statement which I am about to forward. If no other reasons are produced, I have a ri^ht to con- sider your Excellency's conduct to me inconsistent with your duty as the representative of my gracious Sovereign • and, as I .can expect no redress at your hands, it only remains for me to appeal to the jastice of the Imperial Government I have, &c. (Signed) Geokge Ridout. J- Toronto, ISth August, \H36. Sir, In compliance with established rule I now enclose to his Excellency the Lieutenant-Governor my memorial to Lord Glenelg. and pray that his Excellency will be pleased to forward the same to his Lordship without delay. I take the liberty of stating, that by private conveyance I send to his^Lordship a copy of the memorial „ow en- closed, and of the papers -aiid evidence attached to it. I have. &c. ^ (Signed) George Ridout. To John Joseph. Esq.. Civil Secretary to His Excellency the Lieutenant-Governor, &c. &c. &c. ® . * HmeDUtrict. Upper Canada. Alexander Stewart, of the tsity of Toronto, carpenter i** b ^4 i , — ,™^*= 1 . * — — „— . =-— — ifc«U«-t«th and saith, thar-He wm pr^ent aFa Si^ , "^o; J^-~ 232 ■«• meeting held in the said city, about the month of January, in the year 1885, when William Lyon M'Kenzie, Esq., proposed to form a political society, called the Alliance Society of Upper Canada, and at the same time submitted a series of resolutions for the adoption of the said society. That George Ridout, of the said city, barrister-at-law, was opposed to Mr. W, M'Kenzie's resolutions, and opposed 'he foundation of a society on the" principles contained in those resolutions. " This deponent further saith, that he believes the said George Ridout has not, since the above-mentioned period, joined ajiy political society in this province. (Signed) A. Stewart, Sworn before me, at the city of Toronto, Upper Canada, the Fifteenth day of August, One Thousand Eight Hundred and Thirty-six. (Signed) T. D. Morrison, Mayor. To WHOM IT MAY CoNCERN. The subscribers hereto, severally filling the offices attached to their respective names in the Alliance Society of Upper Canada, do declare that George Ridout, of the city of Toronto, barrister-at-law, did not, at any time since the organization of the said society, become a member thereof. Dated this 12th day of August, 1836. (Signed) T. D. Morrison, President.* John M'Intosh, Vice Pros. John E. Tims, Sec. ■,^, T. Parsons, Sec. * This cerliftcBte, ficm fcur of tl e most violent Radicnls in Upper Canada, cunningly avoids meeting Ihe accusalion against Mr. Ridout, n a me l y , th a t bfcai i ae he constp nlly alt ec d ed ^fid gpokeatihe mcct f L ings in question, he appeared to be an actire member. 233 To WHOM iT^AY Concern. The subscribers hereto, severally filling the situations attached to the.r respective names, in the Constitutional Reform Soaetyof Upper Canada, do declare that George , R.dout, of the c,ty of Toronto, barrister-at-law, did not, at any time since the organization of the said society, become a member thereof/ j* •«= (Signed) W. W.Baldwin, Pres. Francis Hincks, Sec. James Leslie/ Treas. City of Toronto) ^^ to Wit. \ Upper Canada. I, Thomas D. Mor.rison, Esq., Mayor of the city of Toronto do hereby certify that Alexander Stewart, of tfie cty of Toronto, carpenter, whose affidavit, taken before me ^.s hereto annexed, is a person to me well known-that he is a person of respectable character, and worthy of full I do hereby also certify that the names, T. D. Morrison John Mantc^. J. £. Tims, T. Parsons, \s\ W. Baldwin' Francs H.ncks, and James Leslie, subscribed to the certi- ficates on the preceding page, are of the respective hand- ^ntmgs of the sard persons, and the> held the several offices mentioned in the said certificates, and placed opposite their respective n^mes, in thesocieties therein mentioned. Given under my Hand and Seal of Office, this Fifteenth .1 cf N 1? "^ ^"^"'*' '" *^^ J^"*" «'" «"»• Lord, One ( L. {>.) Thousand Eight Hurdrt d and Thirty-six. (Signed) T D. Morrison.* Mayor. rTiPtirea8on,Mdl ha. since left the province. 234 Home Districts 88. J , Upper Canada. Michaelmas Term, 10 Geo. IV. At a convocation of the Law Society, held ia the C&i|rt House, cm Monday, the Ist day of Michaelmas Term, in the tenth year of the reign of King George the Fourth,— f> PRESENT — Henry John Boulton, Attorney-General, Christopher Alex. Hagerman, Solicitor- General, William Warren Baldwin, Esq. Darcy Boulton, J., Esq., Gporge Ridout, Esq., — Thomas Ward, Esq., It was moved by W. W. Baldwin, Esq., seconded by the Solicitor-General, C. A. HagermaSi, that George Ridout, Esq., be appointed Treasurer for the remainder of the year, \\ ending in Hilary Term next ; a vacancy having occurred by the elevation of the former Treasurer, John B. Robinson, to the Bench as Chief Justice ; and resolved accordingly. Hilary term. 10 Geo. IV. ' At a convocation held at the Law Society Library, on Monday, 28th day of December, 1829, being in the Term in Hilary, in the tenth year of the reign of King George . the Fourth,— PRESENT — Henry John Boulton, Esq., Attorney- General, Christopher Alex. Hagerman, Esq., Solicitor-General, W William «Warren Baldwin, Esq., Jonas Jones, Esq., John Rolfe, Esq., and Simon Washburn, Esq., — It was proposed by the Solicitor-General, that George Ridout, Esq . , be Treagur er fo r t he ensuin g y ear, th at ^ until Hilary Term next; and resolved accordingly. 235 Hilary Term, 1 mUiam IV. At a convocation held at the Law Society Library, oa Monday, the 27th day of December, 1830. being i„ the PRESENT — George Ridout, Esq., Treasurer, William W. Baldwin. Esq., Simon Washburn, Esq.. James Esmall, Esq., ^m Baldwin, Esq., jiam H. Draper, Esq.,— I'moved by Simon Washburn, Esq., and resolved. That George Ridout, Esq., be continued Treasurer for the ensuing year, that is, until Hilary Terra next. Treasurer's Office, Osgoode Hall. City op Toronto. I hereby certify the above to be a true extract from the Journals of the Law Society of Upper Canada. Given under the Seal of the Society at Osgoode Hall, this 20th day of August 1836. (Signed) KB Sullivan, Treasurer. (copy.) Government House, Awjmt 22d, 1836. Sib, I have the honour to acknowledge the receipt of your letter of the 18th inst, enclosing a memorial to Lord Glen- elg, with the accompanying documents, which you request the Lieutenant-Governor to forward without delay. I beg leave to inform you that I placed them in his Ex- fill ItfWi^^T^M 1»«% ■* J ^ -■ C* A 1 ~— - -^ — - . __^.^_^ . -ctuuncy » hand* on Saturday evening, aTBe was preparing •F , 236 . ' for his journey to Kingston, and was directed by his Excel- lency to acquaint you that . he would transinit your Memo- rfal, with its enclosures, to the Secretary of State, as soon as he should return to the Government Hotis^ I have, &c. , i (Signed) J. Joseph. George Ridout, E6q., Toronto. Reply TO THE ABOVE Case. No. 113. (copy.) Downing'Street, Aug. 29th, 1835. Sir, I have received your despatch of the 10th Septem- ber, No. 72, enclosing a memorial addressed to my- self, by Mr. George Ridout, dated on the 12th of the preceding month of August, in which Mr. Ridout appeals to his Majesty's Government, against your removal of him from the offices of Colonel of the Militia, Judge of the District Court of Niagara, and Justice of the Peace. In deliberating on the advice which it became mjr duty to submit to the King on this occasion, I have thought myself obligecl to exclude from my considera- tion, every ground which has been alleged in defence of your proceeding against M. Ridout, which was not assigned by yourself, in your cDrrespondence with that gentleman. In geiiera], I should consider it unjust to subject an y man to hu milialion a nd pun is h mept, f or r easo na^ V . ^ ' 237 ^ ; " which he has not had an opportunity of conirovert- ' log; but ,n Mr. Ridout's case, there are pecidiar motives for adhering to this principle. In his letter of the 27th July, he combatted both * by argument/and by evidence, the single charge pre- ferred m your private secretary's letter, and then pro- ceeded as follows : * - It; however, at this late period, your Excellency has any other reasons than those given, which have been hitherta kept back, I am willing to allow them every weight; nor shall I attempt, when informed of their existence, to suppress or lessen their just m^u- etce With his Majesty's Government, inUe statement which I am about to forward." ' . ' ■ * Thus, distmctlyapprisei that Mr, Ridout proposed to appeal against your decision, and with so unequi- vocal a demand for an opportunity of repelling ev^y ' accusation, which you might design^to^bring^^ag^inst him, I think you were reduced to the alternative, either of disclosing to him aii the grounds of your proceedmg, or of leaving the appeal to be decided h^ his Majesty, upon those grounds exclusively, which you had so disclosed., . . ^dverting, then, to the Only charge against Mr., Ridout, and of which he was apprised in your private ', secretary's letter of the jst of July, I find it to hav^ i been, that he was an active memberof a kociety by which a very objectionable- address had been widely circulated. '^ Mr. iUdout does not deny either that the address •: ^. ^iM-M-L't: j V»-; \. 288 ^% indefensible, or thai it had been widely circulated, or that it had originated with the society in question. But he does, in the most positive terms deny, that he was a member of that society, or that he had even seen the address, until it i0et his eyes in a printed form, in the course of its circula^on through the pro- vince^ or that he was in any sense responsible for it, either as author or publisher. To these peremptory contradictions of the facts alleged against him, he adds, that he attended at the meeting at which the society in question was established, and opposed its foimation on the principles contained in the resolutions brought forM'ard by its author. This statement is corroborated by the affidavit of Mr. Stewart, who states himself to have been presQpt on the occasion. Such is the state of the question, as it is presented to me by your despatch and its enclosures. I have sought in vain for any proof that Mr. Ridout was a member of this society, or that he ill any manner par- took in the publication of the objectionable address. I am compelled, therefore, to come to the conclusion, that the charge is not only unsupported by proof, but . that, to a great extent, it is actually disproved, as it is in every point directly contradicted. But, in absence of evidence a« to the fact, you have referred me to the legal opinion of the Soliwtor- General of Upper Canada, who states, that Mr. Ridout most decidedly did appear to be an active member of that society. It will, of course, not be ascribed to any want of , > ■; 239 respect towards Mr. Hagcrman, if I observe, I do not understand wl,y any legal reference is necessary in to case Tl,e question involves no legal principle, but rebates tea s.mple matter of fact. Mr. Stewart, though describing himself as a carpenter is. I think, far more entitled to speak with authority on this occasion than the Solicitor-General of the province because the fo^er possesses, and the latter does not possess, a personal acquaintance with what ac t«a ly occurred, and, because Mr. Stewart was pre- sent, and Mr. Pagerman was absent when the society was formed, ,„d when Mr. Ridout is said to have protested against its formation. It is with the deepest reluctance that I overrule a de«s,on publicly adoptedbyyou, especially in a case the present nature. I have, on every occasion, felt and, as I trust, have evinced, the utmost soUci- tude to afford j^n all the support and countenance h, my power ,n the discharge of y„^r arduous duties. fnV ■ ';/7t »"' *° '^^' """"^'J' consideration must yield to the Irresistible claims of justice, and for the reasons which I h4ve menti,ined. I find it impos- . . T*" *'■■• ^'^'""^' pretensions to be «i„. stated ,n h,s various offices. I have accordingly, to convey ,0 j„u his Majesty's commands, tliat Mr. Rrfout should be permitted to resume the varion. employnrents from .^hich he had been removed. I reler to your own judgment the mode of proceeding J^iyg-theee ins tn iiitioM^Bte effect . < ^840 It will afford me itioi^t sincere pleasure, if you shall be able to reconcile tne prompt and complete ex- ecution of tliem, with Jthj prStfection of your own au- thority from tlie danger to which I am well aware it maybe exposed by the! measure which I am thus compelled to ^opt. I have, &c. (Signed) Glenelg. 7 Sir Francis B. Headi K. H., &c. &c. &c. No. 13. rCopy.) Toronto, Upper Canada, A / iith February, 1837. My Lord, ' ^ I have the honour to acknowledge the receipt of your Lordship's despatch. No. 1 13, which only ar- rived here on the 6th instant, in which, referring to my having removed Mr. George Ridout from the offices of Judge of the District Court of Niagara, Colonel of Militia, and Justice of the Peace, your Lordship states, " It is with the deepest reluctance that I overruled a decision publicly adopted by you, especially in a case of the present nature . . I have therefore, accordingly to convey to you his Majesty's commands that Mr. Ridout should be per- mitted to resume the various employments from whicli he has been removed." As the refutation of the last set of accusations ■^•-. ,4'. 'ii^i:.^ *,, 241 madeagdnst m,. nam%, those made hy Mesnn Hume and Duncombe, w^re despatched to youfC ' S1..P only two days ago, (thus completing he vktot g«n over the opponents of the British constituliL ) it 1 received from h« Majesty's Govemmenl a cdmmu- .cahon amounting almost to a dismissal. JtTnThe lement form of being relieved, but by being pub ict rendered incompetent to retain my station. ^ ' When my predecessor. Sir John Colbome was Assembly of the proVmce he governed your Lord- ft' d T ' "'^"PP"'-'*'''-' oms end 'ct h^;! a™mbent upon h,m immediately to adopt. bri^nitr-T""^"*'"" *•"' I oan succeed in "nngtng conviction to your Lordship's mind that I mious allegations brought against me by Messrs H«me Duncombe, Baldwin, Bidwell, Jlpr*"" at I have de^nmned to submit to the consfdJ^ti™ of lus Majesty's Government the foUowinS state" ments and observations. ^ It is perfectly true that in the month of July last R r r fgf 242 , of the District Court of Niagara, Colonel of the Mi- litia, and Justice of the Peace, aljeging to him, as the grounds of my doing so, that he Mr. Ridout appeared to be an active member of a society which had widely circulated a printed Address signed by*Dr. Baldwin, Judge of the Surrogate, of which the following is an extract : " It is our duty solemnly to assure you that the con- duct of -Sir F. B. Head has been alike a disregard of Constitutional Government, and' of candour and truth in his, statements to you." It is ilso true that Mr; Ridout declares he " had nothing to do with drawing up the Address aUuded to— that he had never seen it, until it met his eyes in a printed form— that he was not a member of the Society from which it had proceeded— and that at^he meeting at which the Society in question was esta- blished, he opposed its foundation on the principles contained in the resolutions brought forward by its author (which latter statement, I admit, is corrclx). rated by the affidavit o^VIr, Stewart, a carpenter, who declares he was present on the occasion)." If your Lordship will be so good as to i^efer to the letter from my Secretary to Mr. Ridout, you will perceive that it was not stated by me that Mr. Ridout had drawn up the Address alluded to, or that 1^ had ever seen it till it met his eye in a printed forna, or that he was a member of a Society from which itftO' _feeded. All t hat ya a de clared was, that the paper :*/ * * 24^ ^^ been publbhed by a Society " of which Mr. fiidout, long after it had been placarded all over the pro^oe continued to "appear to be an active member. •* ^r need hardly obgerve to your Lordship, that Mr. Ridout. as a Judge of the District Court. mu«t baFe known perfectly well that many a man has been banged a. an i^complice in a murder, who never saw It comprtted ; and that when a Society of avowed republican prinoiplee has pbcarded and published 10 the newspapers a gross and wilfol insult upon the Kmg aifepresentative,.any officer in the service of his Majesty • Government might even legally be con- «dered an accomplice by constantly attending the wd meetmg, most especially if, like Mr. Jud^ Ri- dout he was heard to utter the most inflammatonr speeches; but the followmg instructions to me f«,m your I^rdsLip on this subject admit of no misin-, terpretation. " I farther unreservedly acknowledge that the prme-ple of effective re^„«bility should pervade »e,y department of your Government. ,„d for thi, ™«.n.rff«,„„^her, IA„„ld hold that every public ^«r .hould depend on hi. MajCy', ple,™„ I ^ .hould place h,m«lf in decided opporition to you, 1*7. «*e«W a^ opp.Mon ie a»««rf or laLt, Jgto. th is o oimtLbe p«nu « d,a,oaMHb« i mp««iMe h2 244 to rescue the head of the Government from the impu- tation of insincerity, oi^to conduct the adijiiniBtratiQn of public affairs with the necessary Jirmneta and de- ciition." I rnost respectfully submit to your Lordship whe- thei(, his Majesty's dovemment, after giving me the above instructions to act with firmness and decision, is justified iti suddenly turning upon me for having obediently carried them into effect ? I most respectfully ask, whether, in framing the above instrnetions, it ever occurred to your Lordship, for a moment, to conceive that I could possibly meet with such an extreme case of " opposition, avowed or latent," as that of two judges, who, abbve all people, , ought to be immaculate from political sin, openly at- tending a republican society, which *t every meeting grossly and publicly insulted the King's representa- tive ; the one judge actually affixing his name as chairman to a most infamous placard ; the other con- stantly haranguing the people. Supposing, instead of being members of the Ju- dicial Bench, the especial duty of whom, by example as well as by precept, is, to maintain the King's au- thority, they had been officers of the army or navy, Would any quibble or subterfuge whatever be suffi- cient to screen them from dismissal ? Mr. Judge Ridout's legal talents are sufficiently demonstrated l)y the craftiness of his defence and evi- dence, which inadiougly attempt to prove *' that he \Mf: ■f^. 2Ab had ?;tteaded at the meeUng nt which the society in question was established, and appa^^d its formation on the principles contained i^ Ae resolutions brought forward by its author." He conceals, however, from your Lordship the fojlowing important^ explanation. Until Mr. Bid^lteverea.to the House of As- r^J^'-.^gl^lte^ openly proposing to the North Ame^^^^s to unite together for a revolutionary pur^^^ society in question was luiown by the nam^f the " Alliance Society." On my dissolving the House of Assembly, the Con- sbtutionalists formed a " Constitutional Society." for the express purpose of opposing the unholy doctrines of thM " Alliance Society," some of the members of which, finding that it required a veil, proposed to change its name from the " Alliance" to the " Con- sUtutional Keform Society." The most reckless and violentofihe party opposed this change, preferring what IS vulgarly termed here - to go the whole hog." Of this number was Mr. Ridout, w|^«ily enough . Informed your Lordship «' that he oppWthe forma- tipn of the society in question."' Having given this short elucidation of the letter of dismissal which my secretary addressed to Mr. Ridout as dso of hi^ reply, I respectfully pixM^eed to your Lordship's observations thereon. ■ i- Your Lordship states, •' In deliberating on the ad- vice which it became my duty to submit to the King ou this occasion, . I have thought myself obliged to ■wa-y; ■/ ' >i i)H . iM6 '^ ■(J- exclude from my consideration eV6ry ground which has been alleged in diefence of your proceedings against Mr. Ridout, which is not assigned by your- self in your correspondence with that gentlelnan." •' But, in the absence of evidence as to the fact, you have referred me to the legal opinion of the Solicitor- General of Upper Canada, who states, that ^r. Ridout most decidedly did appear to be an active member of the said society. It will of course not be ascribed to any want of respect towards Mr. Hagerman, if I ob- serve that I Ao hot understand why any legal reference is necessary in this case." The question involves no legal principles, but relates to a simple matter of fact. Mr. Stewart; though describing himself as a carpen- ter, is, I think, /ar more entitled to speak with autho- rity on this adeasion than the Solicitor-Oeneral of the provinc/. I cannoi but believe that, on reflection, it will be evidenj to your Lordship that, if the solemn, delibe- rate judgments of the King's representative in a Bri- tisji colony, without any opportunity being afforded to hii^ for explanation, be suddenly overruled by his Majesty's Government, on the^mere denial of the in- dividual sentenced topunishment, supported only by a witness of unbhown character .-^^if going still further, it be decreed that the Governor's official expla- natory despatches on the subject are to be treated by his Majesty's Gorvernment, to whom they are re-* fipedtfully addressed, asme|p hearsay Wdence, which 247 must not aflFect the merits of the case,— if the delibe- rate judicial opinion given by his Majesty's Attorney (not Solicitor) General to the King's representati;.e, be declared to possess no more weight in t^ mi^d of his Majesty's Government than the evidenceof a com- mon carpenter, I state, with deference, that the dig- nity, honour, and authority of the Governor are vir- tually extinct. I respectfully submit, that, in no department of the state, not even in your Lordship's own oflSce, has it ' ever been deemed necessary, or even advisable, that every reason for which an individual is to be relieved ■ ; from office must be stated to him. It may be necessary to remove a public servant for many reasons, which it may not be desirable to ex- plain to him. But, in maintaining the dignity of the station of Lieutenant-Governor of this province, I am, by your Lordship's own insti^ctions, especially ^absolved from any such necessity; for it is distinctly stated, « It is the duty of the Lieutenant-Governor of Upper Canada to vindicate to the King and to Par- liament every act of his administration." " To his Majesty and to Parliament the Governor of Upper Canada is at all times fully responsible for his official acts ;" and yet, when I proceed to do so, bis Majesty's Government cast my official vindication aside, and pass a severe judgment upon me, with the following preamble :— " In deliberating on the advice which it became my duty to submit to the King on this ^1 ~iSv,.:'i 248 occasion, I have thought myself obliged to exclude from my consideration every ground which has been alleged in defence of your proceedings against Mr Ri- dout, which was not assigned by yourself in your correspondence with that ge^ntleman.'' The following circumstances officially detailed to your Lordship in my despatches, Nos. 72, 62, and 57, must have been accordingly "excluded from your consideration, in judging of the propriety of Mr. Judge Ri^out's dismissal." 1. " That on the 27th March, Mr. Ridout, head- ing the deputation, read that Address to me from a Public Meeting held at the City Hall, by Dr. O'Grady, (the Editor of the Correspondent and Ad- vocate,) and others, which I forwarded to your Lord- ship on the 6th April.* . - ♦ To this insolent Address I returned a calm answer, to which, contrary to all .precedent, I received a communication, termed " a rejoinder," of which the following is an extract : — "We cannot altogether agree with your Excellency, that 'the only consolation which should support ah honest man in an arduous duty is the Reflection that he is ready to atone for every error he commits T|^ and that he is subject to arraignment if he offend.' The highwayman and the pirate might, and often have, pleaded the tame— have even been ready to make atonement, by restitution, and after 'arraign- ment,'' expiated their crimes according to law." I ask whether, when such language as the above had been ad- dressed to the King's Representative, it was not the bounden duty of his station to dismiss frpm his Majesty's service him who had headed^and read the original Address? Is it not incomprehensible, that his Majesty's dovernment should, at such a time, have joined with such a man agsinst me? •fl^ #■ ^ 249 2. « That shortly afterwards, Mr. Judge Ridout made a declaration which became the subje^of gene- ral conversation, that in the evenlwf his being dis- missed by me f^m office, I should deserve to be tarred and feathered, and that he (Mr. Judge Ridout) would lend a hand t« do so. 3. " That in one of the Publi(fcOffices, he (Mr. Ridout) declared that we must or should now have war to the knife. 4. " That from a benevolent desire to reclkim Mr. Ridout from, radical principles, the situations he held were sucoessrvely heaped upon him by Sir P Maitland, and by Sir Ifehn Colborne ; but the more he was favoured, the more violentf e became. 5. " That shortly after my arrival here, I myself took a great deal of trouble to endeavour to reclaim Mr. George Ridout, and kindly to persuade him of his errors, but in vain." 6. In my despatch to your Lordship, No. 57, I stated, " I will therefore merelyjissure your Lord- ship, that in the elections, as well as in the. prompt dismissal of a fe\y of the ringleader^of the Repub- licans, I have acted cautiously and conscientiously." 7. That Mr. Judge Ridout, in a letter dated 27th July, which he addressed to me as the Lieutenant Governor of this Province, declared that the reasons asBsigned by me " are altogether mittue;" that I have turned him out of office " under false pre- tences ;' that," clothed with a little brief authority," \ % "^'* t 250 \' I am ** exercising my power in a violent, reckless manner/' &c. " If the foregoing extracts from public despatches all directly bearing upon the subject in question, be deliberately excluded from your Lordship's consider- ation, 1 cannot but most respectfully repeat, I am at a loss to understand why, in your Lordship's instrue tions to me, after distinctly stating, that unless I had power to dismiss from office any person who might openly or latently/ oppose my policy ; " it would be impossible to conduct the administration of public affairs with the necessary firmness and decision." It . is added, " that it is the duty of the Lieutenant Go- vernor of Upper Canada to vindicate to the King and to Parliament, every act of his administration;" for, how can I possibly vindicate my dismissals, but by despatches which I have the high privilege and honour of addressing to your Lordship. I had certainly conceived, that to long as I was deemed worthy of the confidence reposed ijrrae, in- dependent of the production of facts and argum^ the mere expression of my opinion of the absolute necessity of the dismissal from office of any person, virho, from my local knowledge, I deemed hostile to the British Constitution, would have carried with it infinitely more weight than the individual's denial of his dwn guilt. The dangerous duty imposed upon me, of select- ing for office those who are most fit for it, and of ^ .•' V - \ • ' • ■ : 861 dismissing those who aw unfit, requires the ooolest dehbei-ation and judgment : my very appointment to the station I hold presupposes my competence to the task; and it will now be my endeavour respectfully to demonstrate io your LoMship that, as regards the .dismissal of Mr. Ridout, I have discharged Mhis duty conscientiously and correctly. ,^ Your Lordship must be aware that I succeeded in defeating the Republican party in this province, by calmly appealing to the judgment and good sense . of the people. It was not, therefore, very likely that, when the victory was established, I should suddenly lose the equanimity by which I bad gained it. But, because I had defeated the political machinations of my opponents, I was in all directions assailed by language, which gradually increased in virulence, until it became evident to me, that for the dignity,' and even maintenance, of the King's authority, it was absolutely necessary I should check it. ug Inasmuch, hon^^eiyer. as the danger of d<^ go was apparent, I d^ply reflected on the course which it would be most prude^ for me to adopt. * ^ The press— the shainelg|fand traitorous language of .which it would be impossible to de8|fte— I de- termined to^l^ alone; I also r^olved nWto notice affidavits and othe^ evidence which I received, con- cerning individuals of low station, who, although holdmg commissions in the militia, publicly declared. " That th^ Lieutenant Governor wae the d., •^'^tti M ■^ n-. .'■. Fcon- Vf; *v:; ^' P ■i'^'S' , ' ' 'if ■ ^ ■ i'" 252 sidere^^lhese ffiilt^s as Aot worthy to be madfe?(ijc ai|W|)]S of ; but t% t^ie indiyiluias >«fe«l8ii>^t- K(un$^ d' ualjy det^jlmined #^ep^^ jpum^i^^li^ Ridout; ii^d Dr. Bald^j|j, s^^us|l*"^i|p^ife|that, Judg^ bf the land, Ibey lja^!ial?exc«aSe whatever P^ 'offensive conduct they bad been pursuing, nstead, however, of aj^once following my own jmgment,, which, on the sitbject in question, I nev^r olpce mistrustjed for a monij|l|t» my first course was to geek the advice, of my Coi^iiil, who, with the facts existing before their eyes, |teliberately and unani- .mottsly approved of the, disnlfi^sal of Dr. Baldwin and Mr. Ridout. Not satisJSed witb their concur- rence, I deemed it necessary to consult his Majesty's ^ttorney-General on the whole sujyect, and espe- cially, whether I should be authorised in declaring, that- Mr. Ridout " appeared to be an active member" of : the Association, at which he had been, and still was, a constant attendant. The Attorney-General made every due inquiry, the result of which wad, a deliberate confirmation of my views on the subject I accordingly publicly dis Dr. Baldwin from the offic held under his rMaj6st like Dr. Duncoinbe r. Jndge Ridoht hi Majei^ty's Govemmeq \ ssed Mr. Ridout sand h they r€^spectively ment, and tlliougb, II, Dr. l^lph, &c., a remonstrance to hm thit. country ueitlier i'-"r^ 5 -^ - 253 l»rior Dr. Baldwin presumed to\get „„ eye,, a pet,tH,„ to the H„,»e of Assembly on\ the subject. The people of any British colony ale always ready . «K«,gh to espouse the cause of an mjulred .nan ; and! trusting to inflammatozy speeches, fei/ an attempt was made tostamp the disapprobation if this Capital upon my conduct, by returning Dr. Bafdwin, Mr,. R.do^, and Mr. Small, (whom I had also dismissed) ^ Aldermen for the city. Your Lordship knows he result which has only just taken place, namely, ftat m sp,te of Dr. Baldwin's, wealfe, in spite of Mr. RKlouts efforts-in short, in spite of everything they completely failed in 4*ir object; and. though l,ey have sought the, crown of martyrdom in E^ land, they fsUed in being dubbed even Aldermen in loronto! If I have unjustly treated them, it cannot be a secrete l*e House of Assembly; but the opinion which that branch of the Legislature has just for- warded to your Lordship, as well as to both Houses ot the Imperial Parliament, states, • " Few Govern^ of a colony were ever placed mp««imi8tan«Mmf. greater difficulty than those Ich-^ssaiaSir F|j|ii|is Head within three months his assuming the Government of the province; and It IS. p^haps. not tflo #ich to say, th»t no man could have ^t those difficulties (^generously and unreasonably thrpwn in hjs way) ^th more tempei jmn^sAandjud^nt^bafrhe^^ '^ ^>«* .■,<■>■*"'*'■' -;\; ^ ^ 254 I , Not {Satisfied with these concurrent verdicts in my favour, on receiving your Lorship's despatch, ordering Mr. Ridout to be restored to h|s offices, I again as- sembled my Council, who, withdut Jiaving been made acquainted with your Lordship's decision, forwarded to me this morning the following minute of their opinions. , , , (copy.) In Council, 9th Feb. lk&7.j His Excellency the Lieutenant-Gtovemor was pleased this day to come down to the Council, and to inform them that the case of Mr. George Ridout, late Colonel of Mili- tia, and Judge of the Niagara pistrict Court, had been referred to his Excellency by his Majesty's Government, on an application to his Majesty by Mr. Ridoi^, praying for redress. His Excellency, referring to i the circumstances under which Mr. Ridout's removal to^place, and to the fact that, at the time the advice of the members of the Council, as to the question whether there was anything in Mr. Ridout's statements, and whether any circumstances have transpired in the knqwledge of the Council, since Mr. y'X^Ridout's removal, which, in their opinion, ought to induce His Excellency to make a report to his Majesty's Govern- ment;; or to come to any determination respecting his case, more favourable to Mr. Ridou| than those already. made, . and resolved upon ; " " ' \ TDne niembers of the Council in oflSce at the time of Mr. 5,]^ Ridout's removal feel bound to sayi that to their knowledge * the conclusion to remove him from office was not arrived at without much deliberation, and even reluctance, ontbe-ijirt of his Excellency. f---,-: 255 ' '■} '■ Under the conviction that, if officers in the employment of his Majesty were to be permitted to express them- selves without measure or discretion as to the conduct of hs Majesty s representative, an* to join with others in endeavouring to destroy the respect and confidence, on the part of the people, which are so ri.^ssary to the well-being of any government, ft would be almost impossible that the affairs of the colon/ could be conducted, for any length of time, successfully. — The members of the Council then in office performed what they felt to be a disagreeable and painful duty, in recommending to his Excellency the dismissal of Mr. (t^ Kidout. m The Council are now unanimousfy of opinion that the power vested in His Excellency, of removing any officer holding a situation during pleasure, when his remaining in " office IS considered injurious to His Majesty's Government, ' and to the tranquillity and peace of the country, was in this instance exercised judiciously, and when it sArcel^. tould be avoided without bringing the- Government into contempt. If Mr. Ridout disapproved of the measures adopted by the L.eutenant..Governor. he was not called upon to support^ them, or even to refrain from 9ppo8ition> W dialm c^f'' redress, preSerying the decorum and decency of language whkh must, under any circumstances, be considered as due to the representative of the King. ^Tien, however, a gentleman holding an official situa- tion d^rts from the rules which are dictated by the nwsgpnary considerations of propriety, and sets an ex- f'"W^°'***®" ^^^'si^pect and insubordination, which the Jgnop^nt and evil-disposed are but too apt to foUow, the CouncU cannot but feel that it is no less dufe to the dignity =^# Cn^ than to tWl^lIHgs of those who desire that ^^ ' ,. , » M \ - ■r i 4 X., "m 1 '«*■ ■'-¥ \ the Gove that 1^56 . der which they live should be respected, g indiVjiilual ;«hould be removed from a place ia whiiph hisr example is calculated to be so peculiarly injurious. - . "% The Council, therefore,, feeling thb greatest regret that ^^r. Ridout's conduct should have rendered such a eoursc' cani)ot at present recommend his Bxcellency to advise His M^i?sty^ restore Mr. Ridout to the ofiices fiibi which he has befen reihovfed*^^ ^ , (Signed) /^RrSr^iuvAiJ, p. C. And now, my Lord, I beg toAow who thdMjjien- tleraen of my Council are whom-iginally cpnci and who still concur with me, in the propriety^ of'' dismissal of 0r. Baldwin and Mr. Ridout. I. The first on the list is the IJon. R. B. Sullivan? Dr.'^aldwin's ownnepheW, whose ^ster was married to Mi> Ridout's cwii brother. ,- ^ 2. TIm Hoh. C^p^in Baldw!p,^olthe Royal Navy, actually theobrother as welt as the friend of Dr. Baldwin, whom I dj^ssed ! Captain Baldwin also for manyf^rs hp fen the iatunate friend of Mr. Ridout: '-Mr-'A ^■- f'--^ > heWon. Williaii Allan? for many years Pre- tfi Blink of tipper Canada, a man whose r probitvwoiild be admired iu anv countrv sid^ chaipBter IBr probity- would be admired iu any country in the world. 4. The Hon. John Elmsley, an officer in His Ma- jesty's Navy, a person of dpnsiderable property, and perhaps the most ultrft-refi^rmer in the Legislative Gouncilr \ ^^■ir'r,F!^-,fr^,^,-j %• , 257 . sentative flZr I' ^ ''*'" '' '"«'"^*^^ «•• repre- sentative foz this ineti-opolis, where every fact L cerning Mr. Rjdout's dismissal is nf . . ami at hand. / \ ^^ '' ^^ ^^"^'^^ ^^<>W I have iifiv suinBtted to your Lo, . "^^ ^^ r V^.^'"^''^''''^y M'Rii<«^t announced to vo., befornished*7rr ? ^^ "" application to yo«r condHsyiM, migiit have been kept back olild T^iS^been taken of thia letterie placed ,n your hands/for transnmdon to thia rjibv alcT ! . . .^ "'^'°'' *» *"»"«* Wmself with «>« CoMt.t«UonalRefonn Society, becauae he ^ / 260 -&> U'tf proved of its constitution. He attached to that do- cument the afl&davit of Alexander .Stewart, in which the deponent confirmed Mr. Ridoui's. sfetement, al- leging that he was present at the jjbrmation of the society, and heard Mr. Ridout oppose that measure. In your despatch of the 12th of September, you enclose the preceding corrfepondence, and imputed' to Mr. Ridout various acts of misconduct, to which that -eorrespondenciB contained no allusion. In my despatch of the 29th of November, I stat(?(l that I had thought myself obKged*to exclude from my consideration every ground alleged in defence of your proceeding against Mr. Ridout, which had |iqt been assigned by yourself in your cbrrespondeince with that gentleman. For this klecision I gave three '"^ distinct reasons. Tliey were, first, that it seen|i|j,Ho me unjust to subject any man to humiliatioiv" punishmentt^Yor reasons which he has i|ot had an op-, portunityof controvAing ; secondly, tl»t Mr. RidcSut had combated, hot* by argument an^ by evidehee, ' the single charge preferred in your Secretary's-let^ ter ; and thirdly, tjiat, with a view to^an appeal to ' l^is IVfajesty's Government;, he had demandeij an op- portunity of repelling any pthp r Accusation which you might have to bring against him. * in reference to this statement, you have, in your desJSatch of thfc 9^ of February, olbserved that, in no department of ffie State, IJot even in my own office, has i\ ever bden ^med n6o^pi|^y, or even advisable, '*-, .. v*> that every reason for which an individual is to be re- heved from o«ce must be stated to him ; that it may be necessarj^^o remove a public officer for many reason^, which it may not be desirable to explain to him; and that you were expressly absolved from such necessity by any other instructions to you. ^Yoi4.nMik permit ^e to state unreservedly, that this answer appears to me inadequate; first, / am totalbj ignorant of the existence either in this office oran^ other department of the State, of any such ^cttce as that to which ym refer. j» * I am not aware of so much as a single instance! in which a public officer has been dismissed as a punish- ragjt, ati^on the ground of Mfiisconduct, witliout the m^ explicit, disclosure to' him, of the reasons by which hiB superior vindicated such an exercise of authority. <\ i' Secondly.— I cannot conciir with^^u "in opinion that any man ought to use, or possess such a pbwer over those serving lihdfer liim.*#The only difficulty of supportmg my opinion on thi* subject by argument IS, that so sinyple and elementary a principle of justice, would ratherbe obscured than iUiistratedby a statement pf the reasons, which instantly suggest ' thems^ves in support of it. Those are indeed' official relations of such a nature, 'tjiat it is necessary ' to confintf to tlic superior officer the right of dissolving tl^^m at (/nee, without assigning a^usg whatever \ * * Itwuianjomeatofmutiny.^ ^ s;*S < ' i-^ ■ ■H !%■ Ss =»3 ■^.' ;•* ' §.i t « M. 262 to the sufferer. Thus, for example, a public officer should be at liberty instantly to remove his private secretary for mere incongruity of habits or temper, or for the want of some peculiar talent, or qualifica- tion, causes which, in such a relation, are of the ut- most weight, but which could scarcely be drawn out into a specific charge or statement. In such cases this is mutually Understood a^t^e necessary condition and tenure of the semce ; yet even in this intimate and confidential relation, if the removal should h^ made avwvedly on the ground of misconduct, the/ superior would be boundjn common justice to explain unreservedly, in what the imputed fault consisted. If not, any man's character and happiness might be sacrificed by vague suspicion, and by surmises, infa- mous in proportion to the station and character of the accuser. Thirdly. — I cannot allow that the instructions from me which you have quoted, absolve you from this obligation. On the contrary, I think they clearly impose it on you, they declare your responsibility to the King, and to Parliament. In Mr. Ridout's case notice was given to you that an appeal was about to be made to ' his Majesty ; Tp acquit yourself of the responsibility which 1 declared you to owe to tlie King ; it became incumbent on you *to establish the fact, that Mr. Ridout had merited the severe punishment which had been inflicted on him. ^ \ r. 263 T. ™l»tant.ate that conclus}6„. it was nMessaT t«s show that he.had ..l,y been guilty „f .he .Zl'. W to h,s charge, and this could be proved only by showing what he was alleged to have said o.- doni ' adnuW of no satisfactoiy explanations, a .esult wh.ch could not be established, until an opportunity of malang such explanation had been aff„.Xd to hin, Fonrthly.-If I could admit that you were entitled to nfl,ct a pumshment without a distinct statement to the accused party, of the causes which had pro- yoked ,t. I should yet limit that admission to case. .1. which an entire silence had been maintained Instead of this, however, you communicated to Mr Rrfout a single charge which *e cc^tra^tettd, anj applied himfplf to disprove. ■ He was thus, I think, warranted L believing that If successful in refuting that accusation, his excul' pation was complete. Finally, Hhought that, in ''hat related to the Constitutional Reftrm Society Mr Ridoufs defence was csnclusive,' and I could not therefore but doubt, whether he nngjit not have been J Mr Ridoul', defence „„ tW, ,„l.j.ot,f„ f„„ ^ ^„, . ™ . gtang quibble. He .n,»ered tb. .«!u«.,i«„ 17^ ««r'. ,aci.l opinion, .b« Mr. R. deddedl, 'w^S,. t ! l^T ^ b 'i >* ■%\ 264 equally, successful in vindicating himself against tlie otlier charges, if they had been made knowni to him. For these reasons, I adhere to my first opinion, that I was bound to exclude from my consideration every allegation agamst Mr. Ridout, of which he had not been apprii^ed. You, howeve*|ynaintain that your despatch of the J 12th of September ought to have satisfied me of the triith of the accusation preferred in your secretary's letter of the 12th of July. Two reasons are as^igwed for tliis conclusion. First, I had before me the statement of your own conviction that the charge wuS well founded; and, secondly, I knew that you huu obtained a legal opinion to the sanie effect. , It, would be more than superfluous to declare my perfect reliance on the accuracy of eVery^ assertion of yours, respecting any matter of fact which has fallen Avithin ypur own personal observation ; neither is it necessary for me to disclaim altogpUier the idea of ^ impeaching, in any degree, the jegal knowledge or' the ..'^alejits of tlie Attorney-General. \ Put neSiier you nor the Attorney-General offered yourselves as- witnesses to the matter of fact, namely, whether Mr, * Ridout was or was n^t ^ member of the Constitu- «i^ ibmil Reform Society. You laid claim to no personal . . Jaiamkdge * of his conduct in^efo^rice to that body, * I told the dovernnicnt that he constimtly attended and harangued the meeting; this was notorious. Surely hek Majesty's Govemment ' did not mean to insist that I ought to have' acquired p«r«ona/ fmnw ledge ot the fact hy attending the meeting myself! ••^< 'V ^^ •*- % ■ "I. J': JL^ •• ■>- .-■■ ^ r-T ^ ' ■ 265 TWAtterney-General wm quofe^ „„t ,, ; ^j,^^ ^ of the fe but „„,y ,, „„ interpreter of , J^ Consequent^, notwithstanding the strong dissent wh chyou have expressed, I must continue to think ). that ttre dhhority of Stewart, though a c„™n,"„ carpenter, when speaking on his oath'respec, Tg "^ offset than.can be assigned to the opinion even of he Atorney, who appears to have h«l not the y>te.t personal knowledge' of what took place at he ineetmg This is a c„„clu,i„, ,„ which, in so far a, regards the facts in qnestiA, no one, I a,„ «h«ed to th.nk, w«„d „„re readily subscribe than the Attoraey-General himself. From your despatck.of the 6th of- February, I 1 outs removal from offic.va, recommended by ti Executive Council, and I further learn that they flflliere to^iheir o,rigi«al opinion. ■ ' . On this subject I h^ve to state that I have never expressed, not- do- I n6w entertain, an^ judgment opposed tojhefrs r on ,tl.. contrary -I en^i^ly^J^ -«J themthat the various act^ of ntondu.t al^Ld to m. Kidont, m yaiir despatch of the 12th of De- • TTi. AM«,„c,-Gci,or.l did ^ol Mini t\.c«, mtoUn™ h»l i„ ■ ■\ i ■■■ ' ' * ■ «#"• •-4^. >!#;;'/■ > >> >.. f-i- 266 cember, and still more fully stated in your despatftli of the 6th of February, are such as would, if substan- tiated on proper inquiry, justify tHfe very severe penalty inflicted on himv" ^^ ■ If I am to understand the Council as thinking that such an inquiry was needless, JL must, with whatever reluctance, differ from them, '^^le grounds of that idifference I have already in part explained ; but I must add that, if there be ally one class of publie officers in Whose case it is especially incumbent on the Executive Government to proceed with caution, cir- cumspection, and with a strict observance of all the essential forms of proceeding on such occasions, it is the class of those who are intrusted with the admi nistration of justice. In avowing my opinion that the matters laid to the charge of Mr. Ridout would, if established, justify his dismission, I wish to be understood as not referring to the intemperate terms in which he addressed you after his removal from office ; much allowance is to be made for natural feelings, under a sense of supposed injury. It is to the other allegations that my remark applies. It is, I can assure you, painful to me to take any course of conduct which may aggravate the difficulties of yOnr situation, yet I feel myself bound, by the paramount obligations of justice, still to with- hold my approbation of the measures adopted in Mr. Ridout*s case. On the other hand, his restitution to office may, 1 think, be properly made to depend upon (W . IT .»' 267 hi» aWlity to exculpate himself from the various he jath of September and 6.h of February. To h« extent the i„structi6„s «>„veyed to you „ mv de^atoh of the 29th of November are'i h al and qualified. Further tii.n tl.: •. • • ""'"'""™ 1 ""*""">"*'"» It IS impossblc for rae to advance. You ,viil, therefore, in whatever «u of those, accusation,,. and. after weigldL. hia answers, and tl,e evidence by nhich it may be sul Frted, you will communicate to me the rtult ^ 6th of Februaiy without adverting to some of Z ^^™{.U.pics to Which you have fhere taken. ocf sion to advert^ '. You complain that the Goyernor-s official explana-' ry despatches have been treated by me in this case Z ^" "";• ' ™^ '^•'•'"'P' ■ni»-' 1886 ; rince that peri«I he has been thre»t»^„t„rned. and has held the situation . efSohcitor^General nearly eight years. , ^ On the 30lh. November, 1829, Sir 'johl. CoH • ^"'^ceivedfrom Sir George Murray a despatch. No. 48. relating to the disappointment which Mr. ^ Hagennan had experienced in consequence of not I havmg been confirmed by His Majesty i„ fc „ffiee Wge. to winch he bad been temporarily appointed on the ■•emoval of Mr. VKiHis, of whid, the f«Sowin» IS an extract:— . » egards Mr. Hagerman. is one of some hardship, ^nd I have request you will assure that gentleman that i regret ! ^mely that 1^ should have suffered any ine^veniLe I consequence of the arrangements wLich I felt it my duty o recommend, .nd that I shall, be very ready, at a futu^ opportunity, to give his claims every consideration." ' I believe Mr. Hagejman to be warnUy and 'en- thusMs ically attached to the British Constitution and to the connexion of this province, of which he is' a native with the mother-country ; I consider him to have been a faithful servant of the Crown The assertionof liis principles has continually drawn upon JF •^'■ V .#> »« -<- « V IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 •ituu U ili.6 « n A / \^W,^ m ". '^■- »■ <^ Hiotographic Sciences iration 23 WIST MAIN STREET Webster, N.Y. t4S80 (716)872-4503 mUf^., ■ E ^.. ■".-■* , • . -r \ ^ e^ / a^ >.i4u>J^>i LLu ii!d!Vj^4^J£/l'ilMAt 9. f ,.'L i^sultjkt ! it ' STS"^ him in the House o£ Assembly the whole fire pf the Republicans ; and in these actions, although he has shown considerable poweres^f defence, he has occji- sionally evinced an impetuosiljrwhich it would have been prudent to have restraineltb I believe, how- ever, that his moral character is respected even by his opponents ; -and therefore, on the whole, con- sidering that no just reason existed why, on tlie promotion of the Attorney-General, he should not be appointed as his successor, I felt it to be my duty to name him as such until the King's pleasure should be known. Having submitted to your Lordship the grounds upon which I have made the appointments in. ques- tion, I think it proper to state that it Is with un- feigned regret J have omitted to recommend to your Lordship's nojke the name of Mr. Bid well. That gen- tleman's legal acquirements are, I consider, superior to at least one of the individuals whom I have elevated. His moral character is irreproachable, and though he was ostensibly the leader of a party Avho have offered me every possible insult and indignity, yet I can assure your Lordship that I entertain towards Mr. Bidwell no feeling of animosity j and that, even if I could desire to triumph over a person whom I have pub- licly disarmed of his power to oppose riie, I should feel that that triumph would be infinitely more grate- ful to his Majesty by forgiveness than by revenge. 973 But, anxfous a, I „„ to give to talent its due, yef I eantxrt but feel that the welfare and honour rftL Diverted^of all it, objeetiohable languag*. Mr Bidden 8 object (so far aa it could be elicitedlvVh; conduct of his associates'! ,„». »„ r *"e"ett by the fmm .1,. „ "^^^lates; "-as to separate this colony fmn. the parent state; to create disaffection for the paternal government of the Kiflff and l.„f„ «.«."ee^thMr. Papineau. par^;^^ 7^^ t. exchange the British constitution for, the W groveUmg principles of democracy . I dierefore considered that publicly to elevate Mr. ftdwell to the Bench would depriv' „,e ofTl ! your Lordslnp will agree with me in opinion th,t where a man acts with disloyal associates! hi tl e„" s aggravate, rather than extenuate his oifeiicc atio^ri"*'"*'"' """' ^"'''"P "" the inform. I lave Zde'"T T'^"" ""^ ""^ <^PV«intn,enU , ^^'' '"*''*• " ""'y "niains for me respectfuHv » express my hope that his Majesty willTe!^!! ciously pleased to confirm them. ^ I have the honour to he, My Lord, Your Lordship's Most obedient humHe Servant, (Signed) y. b. Heab. ^ ^- 274 *i* Sir, No. 200. Downing Street, July \4th, 1837. i have had the honour to receive your despatch of the 6tli of April last, No. 41, enclosing the copy of a gazette extraordinary, notifying certain legal ap- pointments whicb you had made, in conformity with an Act passed by the Legislature of Upper Canada, during the last session. The public events which have occurred since my receipt of that Act have hitherto rendered it impossible to submit it for the Royal sanction. But I trust that I shall have it in my power to communicate to you the Queen's pleasure respecting it at an early period. In the mean time her Majesty comntands me to express her a pprob ation of the appointment of Mr. Jameson to be IjBphan- cellor, and of Messrs. A. Maclean and J6^^Jones to ba Judges in the Court of Queen's ]^6tich, and I shall take an early opportunity of transmitting to you the necessary warrants under tfee royal sign manual conferring those appointments. .... The selection of Mr. Hagerman to be Attorney- General appears to be more open to question. I am fully prepared to admit, as a general rule, the claim of the Solicitor-General not to be passed over in any new ftrrangements such as those to which your despatch refers, and I am of opinion that such a claim should not be set aside without some strong and paramount reasoh. I am also willing to givt; thh 27^ ^atest weight to the representations whieh you have ^th oTt "* '" *'" "'^""""■» favour, founZ both on lus pnvate character and ^.ublic merit, if «^owe.er, essential that the genilemanwho fills the Suld hi "'•'"'' "*" "' Attorney-General should ho d opinion, on question, of general policy. Z\l ' •*" *''.'' '«'■»'"-«"'«- of the affairs « I have no reason to doubt that you have received he utmost support and co-operation from the Solici- It"'"" K :?' ^ r ^'!'^ •» '«"' "'"t. if the senti- ments ascribed to Mr. Hagerman in the resolutions, a copy of which I have the (Tonour to enclose, be ^^y entertained by him. andhave been publicly e^ r?f ^y "l™ ■" "-place as a member of the pro- mcial Legislatu™ during the last 'session, a ve,y mde difference exists between his view and that 7f h^ Maje,^ s Government, supported by the opinion g. en by the Law Officers of the^C^wn in 1819, as to the rights of the Church of Scothind in Upper Canada under the Act of 1791.* As these resolu- ■■.,./'' ' The offensive sentiment which Mr. Haeerman in » «,„=* *;:. •liicussionintheHouseof A.«,™w„ ' "*S^™'\"''" " "ost angry., was .8 follows I«tJ!pk uft^' " accused of having uttered. -th^vl r 7^^ ^^"^^ of EnglatHi is the Established Church ^nZi A, »«no">orean Established Church than that of t2 - Mt^ 976 ''Hfc '»•*"■ tions have been transmitted to me by an individual . member of the General Assembly of the Church of Scotland, and as I have not received any information from ypii on the subject, I am willing to hope that gome mjsappi-ehension may^ have existed as to tlie real nalure of the language employed by Mr. Ha- german. I shall therefore suspend my opinion as to ithe propriety of his advancement to the office of Attorne]r-General, until he shall have had an oppor- tunity olf oflfering any explanation which he may desire tci give with reference to this subject. You will communicate to Mr. Hagerman a copy of so ^uchof this despatch as relates to him, together with ^ copy of the enclosed paper. Therd is another subjeA noticed in your despatch, to which it is necessary that I should advert. You stjSe that it has been with unfeigned regret that you have omitted to recommend for one of the new legal appointments Mr. Bidwfell, whose professional talents you consider superior to, those of at least one of the gentlemen selected by you, while his character is ir-^ reproachable. You observe, howeveiv4hat Mr. Bid- well's object, " so far as It could " be elicited by the conduct of his associates," was to separate Upper Canada from the parent state, and you claim >«y assent to the \)roposition, that, " where a man acts with disloyal issociates, his talents aggravate rather than extenuate his ofience." I need not assure you of the great weight which I attach to any opinion re- '" 277 speoti„g>e affairs of Upper Canada deiiberatelv relative to Mr. Bidwell. But. eon Jering "hftul catesis not charged against Um^lf. or attemnted .0 beproved by any act of bis ;• .hat 'he hatfX P^ent at least, withdrawn himself f„,™ JZ **; and that his legal abilities and high mo^l ^cterarc acknowledged and respectef even by hW pohfcal opponents; I cannot regard the part which het/orn^er^ took in l«=ai politi^ as an Luplabk barnerto h,s future a4yancement in hispJI* ktir^"'^' f ^'''-S «» "><' Se»eral fstin. rf 1U8 qualifications for a seat on the Benol, if o -.eM the pubHc interests wo:,?::;2rb; ««nng h,s services; nor would it be of slight im that, in the selections for judicial offices, the Execu- tive Govemm,nt is actuated by no other fe'elingth™ an anxiety to promote the welfare of all clasfes of • er Majesty's subjects. If, ,herefo«, as ^„u apl:^ the Judges of the Court of^,|£ii%'s Ben-y,, it is thf ^r. BidwoU.. opp„Bia,„ u, m.„.^, i„.„,„,i„„. ^ ^ i- .i .+.- 278 wish of her Majesty's Government that the situation should be offered to Mr. Bidweil, and they will hear with much pleasure that he has accepted it. I have the honour to be. Sir, Your most obedient humble servant, v_ Glenelg. No. 99. " Government House, Toronto, lOt^ Sept., 1837. My Lord, I have to acknowledge the receipt of the following despatches, which I have had the honour to receive from your Lordship. 1 St. Despatch No. l58, dated 5th April, 1837, repeating to me that the reasons I submitted to your Lordship for having removed Judge Ridout from office appear to your Lordship inadequate, and thut yoi^r Ifordship still withholds your approbatio^ftof theraeftsures adopte(|^in Mr. Ridput's case. 2nd. Despatch Np. 200, dated 14th July, 1837, informing me that your Lordship has not been pleased t© confirm the appointments of the Attorney and So- licitor General, which on the 5th of April last I had the honour to notify to your Lordship in a Gazette extraordinary, but that it is the wish of her Majesty's GovernmenCthat the situation of Judge of the Court of King's Bench should, in case of an expected vacancy, be offered to Marshal Spring Bidweil, the Speaker of the late House of Assembly, the leader of i-r-rr^sj*-' 279 ^ the Rei^ublican^ in this province, and the fellow- labourer land correspondent of Mr. Speaker Pa pineau. \ ' " .^' ««T'"''-3"i«liN»^ consideration, I have deter- ■nmed to .^e upon'ta^If the serious responsibility ^positivel^^ refusing to place Mr. Bidwell on the Bench or to restore Mr. George Ridout to the J-dgeshzp frAp, which I have removed him, I feel it my duty, ^t only respectfully to explain to your I/.rdsh.p the r^on of my conduct, but frankly to telose to your, Lordship opinions and sentiments which, hemg ho^Je to the policy of the Colonial Office, ought Thot to he withheld from ,our Lord- ship. \ I feel confident that your Lordship wil{ with Uie equamnuty which distinguishes your chafacter, calmly listen to the observations I am about to make and I on assme your Lordship that at the present instant there .s no feehng more strongly impressed in my own mmd, than that, in the utterance of strong „,,i. mons which I feel most deeply. I may j.„t be led away tp use an expression which can in any way be considered as evincing a want of that respect which Bjustly due to your Lordship, as well as to the high station you hold. ^ My declining, or, in plain terms, my rejh,i„g to carry your Lordship's orders into effect, would, I am aware, commonly be consid^ed as an overt Sfct of kostUity, but when it is considered that the popula- 280 -n. tion of our colonies amounts to 99,000,000 of people scattered over thirty-five portions of the globe, it naust be evident that th'ejr prosperity depends, not only on the Colonial Minister commanding what he deems to be right, but on the Colonial Governors refusing, ai their peril, to execute what they conscientiously be- lieve to be- Wrong. In a conflict of this nature, it does not therefore necessarily follow that disobedience in a Lieutenant- Govepoor is disaffection to the Minister ; and, although I am sensible that your Lordship has power abruptly to terminate such objection on my part by immediate dismissal, yet I have no observations to oiBFer^n that subject, as it is my own du^, and not your Ix)rdship's, that I am at present desirous to perform. My Lord, in my despatch, datfed 18th Nov. last, (page 204,; I respectfully informed your Lordship " that, in my humble opinion, the whole blame of the dissensions which exist ii the Canadas rests neither upon the surface of the ' '"""ved that ■ however loyal may be the head of the colonial de- partment. Its HEART is in favour, not only of rinub hcan institutions, but of the exHiency 'o^LZLg nither than of retarding the launching our No,^ Amencan Colonies into tjat v^ocean o^democtf^ upon which th^ United^States, the cable of thel^ public credit having snapped, are, a. this moment •inving without rudder or compass. If a st«t«neut of the above opinions were to reach T / L_s<&is '-.-.■ ■ / V 38a- k your Lordship anonymously, or bearing the signature of a few individuals, ot even of a large body of indi- viduals, it would, of course, be cast asidc> as conr teniptible ; but yoiy Lordship, whose attachment 'to the British Constitution is v^ell known, will, I coo- ceive, be stalled when I tell you, not only that the - British population of the Canadas pa'rhii^e largely of this opinion, but that I, her Majesty's representative in this province, km of that opinion; th^tthe late Lieulenant-Governor, Sir John Colborne, who had eight years' experience, is of that opinion ; that Lieu-' tenant-General Sir PeregrinefMaitland/who as Lieu- tenant-Governpr, had ten, years' experience, is of that opinion ; I believe Lord Aylmer, Lord Dalliousie, Sir A. Campbell (the late Ideutenant-.Govemor of New Brunswick), to be of that opinion; and^more- ovei:, that if the Lieutenant-Governors of all the Bri- tish Colonies were to be examined by your Lordship, their testimony would, generally speaking, substan- tiate rather than deny what I |iave stated. If ypur Lordship believes the statement I have made, the concurrent opinions I have quoted must be conclusive ; if, on the other hand, your Lordship doubts the accuracy of my statement, I beg your Lordship to exaniine the witnesses, whose names 1 have sub- mitted to you. I have had*no communication with any of them, but from the seat of Government «f this province, where the sentiments of my predecessors are recorded, I cleturly see what is passing before my jf . • » if public \,y m>ant^ an incliai J."™'' '"'» r'«- ««ch n.a, U, so acute, tSaS'^^^^f "^ ob8«yer appears to be level • but W^l ""™ -»«ld not bj clear to your Lrdi ' ^r'^P''"' ;ill*.lai,er.er», dj^. !^ .S„ Ln '.t '"■•' chyintoa repubIio,is to take everv n^ - attract po^er >„„ ,he C™J„ TJoT^""'*' '" give it to the people. - ■ '" '"^'' *» «d'»e*''nost impossible to rt»,.„i Forinstance^here may be appointed t^^hlfi .»ent»f her Majesty^VrrserS milT"' • men. each ignorant of the principles If '-^ "^ .-"ent, as well as unacquainS 1 "^ ^r™' Wsoci^ty of .hich it 2 coli 'J,7i"»™«=^'««e» tiation to their new „,v.f T"*"- ^""Pg *heirini- .2;«'-vin,thJefroXs:;:r.::^r^: "ide, on the other hand, every possibi, Sr '^ ' '-teiigeM ami respectable a t^^T'^.^'''^ ■^^ ..^ ^■. • 284 The Lieutenant-Governors, observing that they are applauded whenever they concede any thing to the House /of Assembly, -and that, somehow or other, they invariably ^et themselves into difficulty when- ever ihey support the Legislative Council, may, for a long time, be led uncor^iously ito do what all mi- litary men are naturally disposed to at sort of recention 1 • ""^ " '"" »PP«'"- ™et'Hthf„rtr;^„7^c'"''"'' •»%-"- "^^ZZT^Jr "^'•"■r"-' -^i -p'-ing of .h.m./ *" '■^'''' " ™"W "« tedious to repeat R B ".'".oriai ^as addressed t« ^ "" """'"^ '' ■>•" « "»ter. in conne i™ ^^jn^i ^^Tt" "' ^"^ . comp/aining thai •■ rt. "^ ""^ ^"o"'""'. Administrations offh.. ,? T/W^^''^ Provincial mentofthefifty-sevenr.-., • "■»'">« Wf^ow- <«»M»&i« «wc?aiOS, „/•« "^' y<*r memorialing '--. „X.S; f^^x ' "" °"' ''"^- ■ " 0-nnoe eubmit " ^'^'^^in church «ve of a violent reuTl V"' '* ^™''' •>« ?■•'«'"«- - «-• Sole L:i s!:: "''*^'' *« conflict ii: y. and, as he « not only a Scotchman, ' n 2 ■ 9 w but one of Mr. Hagernian's bitterest enemies, your Lordship may easily conceive that Mr. Hagerman's speech was purJKJsety and mischievously ma^e as offensive as possil)le to th§ Scotch. As I never do- read the debates — which I know to be inaccurately reported— r have not tl^e most distant idea of what was published on this subject, but I understand it was transferred from' Mr. M'Keflzie's paper to others ; and the consequence was, that the congre- gation of^St. Andre)lv's Cimrch, in the town of Kingston, at an evening meetmgi passed ten resolu- tions, two of which (Jeusui'fed the. Solicitor-Ge|ieral, Mr. Hagerman, for the incorrect statements and in- temperate language Ire had been declared to have uttered respecting the church and clergy of Scot- land.* ■ I have now detailed to your Lordship Mr. Hager- man's conduct as regards the great question of the clergy reserves, and I cannot but feel most deeply the treatment he has received. Mr. Hagerman's whole life in this province has been one of loyalty to his Sovereign, and of national attachment to the mother-country. ^ In the field, as well as on the floor of the House • The words imputed to Mr. Hagerman— who denies to have uttered them— were : " The Church of England is the established Church : the Roman Catholic Church is an established Church.; but the Chitrch of Scotland is no more an established Church than that of any other dissenting body in the province." 293 - Oi Assembly, he has done his dutv • ^nA km . republican majority were aJi.lTV' ''^'^ '^' On the promotion of the Attornpv P. i . rfening to tl,e heart to observe that aM l,i' Lave b.e„ forgotten, that he h,« he „ " 17'^ the statement to whicT I a L?""' J"^" """''"'"='' ™ description, and I have no hesftit n s t! ^^ Zz re tr r:r -""" '^ -« ^ hp rl.- J extracts trom his newspaper ar6 to gu.lt. But even supposing the speeches of the '^iH^ii^^Ii : ,t'j^ 294 members 'of the House of Assembly were correctly reported, surely it cannot be desirable to establish as a precedent that.'every word that in the heat of de- bate may be uttered by a member on tlie floor of that House, flies to the Colonial Office, to arise in judg- ment against him, in case he be recommended for reward. But in this particular case of Mr. Hagef- man's a most singular circumstance has occurred. The statement concerning the rectories submitted by your Lordship for opinion to the crolfu officers of England has completely overlooked Lord BatHurst's despatches, dated 2nd April, 1818, and 22nd July, 1825, which contain the very authority in question. The decision of the crown officers of England is consequently erroneous; and, in reading the de- spatches alluded to, your Lordship will at once per- ceive that what they declare to be '* not valid or law-\ ful "is in fact, both one and the other. This error may throw the whole ofthis province into commotion^ and I mention th|^ circumstance as a strong proof that, as mistakes,^ven in deliberately writtei^ docu- ments, mus^ occasionally occur, how hard it^is to punish the Attorney-General of Upper Canada for an illegal opinion, which is merely reported in. a news- paper to have escaped liim in the anger of debat^, and which after all he denies to have uttered. circulate th« libel in tbe back woods. It howerer went much Airther, for it got into the Lpndon ' Times ' newspaper, and cofisequentljr weht round the world. 295^ I respectfully Bubmit that Voi.r r^ i u- . iook to the Lieuten.nuc^:2;^^^^^^ I have already stated to your Ix)rdSLi»,« i V only officialacquaintance with MrlT^^ u""' deeply feel fJ k; T "agerr^ian, but I . «3iX i . *7- ' '"'- '- to have "ho have h„„e«^;i ; , "J.^'-'r '»?">«<"=« 'hce J«> another public suffl^;^ """'"'' "'«' '' ".port, I have Lt.iittle to i; X' LlTT' ^ j«.t had an opportunitv of u^^ r '^'^ ""^ my raw officers *AaAr^* ,7 ^^ ^^j . »f tlie Aftornev »„H « i- -f T '^ "PPomtments . -riHorney and bohcitor-General of »!.;.« eonclude. ty your Lofdnhift . • P""""™ Sprin«Bidir.TV? ™™' timt Mr. Marshal '-'^sedtoShT '''""^^'^™'«'««<»'' * ^. V.i(i1*A' . .-V ^^ %■ I II. 296 My Lord, among the various difficult duties which I am called upon to perform, ther«* is no one which requires cooler judgment than the impartial selection, of individuals for office : the duty is at all tim%s in-' vidious, but there is no part of it mor^ painful toniy feelings than the bad custom which exists of givioga description of the ^al-ious individuals to her Majesty's --€fovernm*nt ; and I have often almost determined to request -that, so long as, confidence be reposed in nie, my appointment's may be confirmed on the faith of my recotnmendation. ^>^' i To describe behind his back the character of every individual selected /or office, as well as rejected by m^ — to point out the qualifications of the one, and to record for ever the failings of the other — isf on occu- pation revolting to my feelings ; for, however Violently a. man may have opposed the King's Goveriiment, to paint all his faults, to delineate all his weaknesses, and to make accusatioiis against him, ^^"V^^mL^now he has no power to contradict, is a ^^ipHHH^ 1 think no man of honour should eyer be cabled upon to perform. In the cfise of Mr. Bidwell, I drew his character to your Lordship with a light, and J must ing l^^nd; I wished to avoid saying more than ,^8' absolutely necessary to show your Iship thaW^ £iad sufficient reasons for not havjug selected him for promotion. I accordingly acknowledged Mr. Bidwell> ability and moral character,, but added, "i/et, anjcioui a* I am to give to talent its due, I cannot hut feel that V % / % "^t \ 297 B,dwell to th, henci,. »«»« derive L of 2. 1 certainly con.idcrijd that the whole tenor „f «W„atio„, ^Vpeet^M... Bi„„e,, ^ I Z h-fie U^,»faje.ty^ 0^er»™ent that. i„ „«, ZZ .ngln«%^pr„„S,i , had reIuc.anUn.erfrr„.ed HK.. painfull :r:s''8»''''-«-''i«'. it » til tJ^T^ '™« ''"'i»8'"«l'«I in the Unhed State, for hia deVtation of Great Britain Aft S;h > K ^ '"'"■ ''"^«'''"''= '" •'■« Crown of fe 1 , "**'',"«""''''"'.t«»*soondfron,ju,- a!.P I. f*'"'^' '" "■"•^l-OWe. outlawed by the S..t«. he heca„,e ap inhabitant of Upper Canada On b«„g called upon by Sir Gordi, Dru»ll -!rh::r:.i^:rrs-^-^^^^^ :i^<*&, ? , ^ ■i' /I, I ■ iy ;'i <:tw">;^ ' :.. ■» ■•'• ■'-> ;^- ^8 compulsory ; and, on being returned as a member of the Provincial Parliament, he was expelled, and never re-elected. To the last hour qf his life his hatred to the British constitution was consistent and unchanged. His principles were inherited by his son, whose talents, as your Lordship perfectly well knows, have been unceksingly exerted in endeavouring, by sub- verting the constitution, to dethrone our Sovereign from this portion of his dominions. He has been the untired advocate of republican government, and by his ability, and by his eloquence, he rose to become the leader of the republican party, and eventually he became Speaker of the House of Assembly. Whenever he had an opportunity of expressing his sentiments, they were in favour of an Elective Legislative Council, of an Executive Council " respon- sible to the people";— «nd, just as I was arriving in Upper Canada, he declared in the House of Assembly, that " the King had insulted the Legislature by ap- pointing Commissioners to inquire ihto the affairs of the province." In his capacity of Speaker he delivered to ine, to be transmitted to the King, one of the most insulting addresses that ever has beei^ offered to the British So- vereign. It declared that I was « despotU" "tt/rati' nicai;' "unjmtt;' *' deceitful" that my conduct had been ** derogatory to the honour of the King*' "de- moralizing to the community" and that I kad treated 299 " the people of this province m bein^ '■/,«/. a ,- <*«» a eountr, of rogue, and fZ^^ '"'^ ''"''' nilflf "^ "'*' ""• "■•• «'•'-''"■ »» t'» last »igb of the aesMon, presented to the House of As »n,bly a traitorous communication address^ to it" c Jf yorjw ^ ^'"^'^ "''"'^'<'- - Roval r„J ^ '^ «rn,^a«w," termed the Royal Commissioners the Kings ■■ deceitful ageJ- On my dissolving the parliament and appealinTto- te people of Upper Canada for redress, they com --U his station^uri Ir bX3e «ot only f™„ .he Speakership, but f™m the Hout of Assembly itself-in faC. he actually ,„st l^^^Z i» KS ':h: r ■" ""«. -'^ -- -iespatch ' '°f" """t 'he promotion of her Maiestv'« te "^^ ^«*-«»e™' has. after a de ^etd'tl-f ''"'""°" '"""^ Sovereign.;:; fcd bate I 7 """"•' '" '^^ ■•-« of » gious debate. I am informed that, in opnosition .„ rSsT"*'''''"'''''''^'^'^-^'^^^ «ie 300 i-. In my foniier despatch on this subject I submitted to your Lordship that "publicly to raise Mr. Bid- well to the bench would deprive me oj' the respect and confidence of the people of this province ^ the welfare and honour of which depended on his Majesty s never protnoiing a disloyal man.'' To these principles and opinions 1 respectfully hut unalterably adhere ; and nothing is therefore left for me but to declare to your .Lordship, with the deepest regret, tliat so long as I remain Lieutenant-Gover- nor of this provin6,^, I will 7iev€r raise Mr. Bidwell to the bench ; and I think it proper to confess to your Lordship that I have at this moment two appoint- ments to make of King's Counsel, neither of Avhicli can I, conscientiously, bestow upon that gentleman, who has not, as your Lordship seems to conceive, " at least for the present withdrawn himself from po- litical strife,"" but who, in a moral conflict, has heen forcibly driven from the field : Seeing that I have pre- vented him from becoming President of the repub- lican st{\te of Upper Canada, he might now, no doubt, be happy to become a judge under the monarchy. I know that he expi*esses his regret at having written to your Lordship a letter of accusations against me, which, when called upon by your Lordship's desire to furnish me with a copy of, he deemed it prudent to decline, but he has never yet publicly recanted his principles or disavowed his party, and his name is at this moment appearing uncontradicted in the Radical -^ l ewspap e ra of thi» province i .^Mi 301 "Resolved, that reposing- th^ «. « . »« ourfello^..omzensT^ '^^ greatest confident John Rolph, MP p r..^ James H. Price, | ("notorious repuhlicans) *^ohn mioard Sims, and ^^^ertMKay, Esquires; Ridout, which i„.„l ' '^'P<'«t"ig Mr. G. Mr Ridoufs case is shortly as f„n„„, ._ On the 12th Julr isqr , c — to Mr. Ridout TCL c V ^""-"^--y '"Id'-essed copy:- """■' "^ "'""'• "'«foilo>vi„gisa Sm, '^'""'""'"•t Home, July 1'2; 1836. ' am commanded by the Lioutenm, P your atlenSon to the ™.l„ , °"''"'''°'-'^''™™»r to call ««.y of which itVpalvou.'' "•"" '''"''" °f » The Lieutenant ^T ^? '" *°"'» '"»•"'»■•• K"ua,e eraLt't ZTatr' T '" '""^"' •"- "" " "■y iroto Ills deierminatioij ant tg intn r 30^ fere with that public verdict which he felt confident the country would clearly express; but as the elections are over, his Excellency cApiders that in order to maintain the happy constitution of this province inviolate it is absolutely necessary, in obedience to the King's instructions, that no person should be permitted to retain any office of trust or confidence under the British Government, who attempts (however unsuccessfully) to insult the Lieutenant-Governor of this province by language such as is contained in your society's address. His Excellency therefore deems it his painful duty to direct me to inform you that his Majesty has no further occasion for your services as Judge of the Niagara District Court and Justice of tl^e Peace. I have, &c.^ v J. Joseph. On the 12th September, 1836, I transmitted to your Lordsliip a Memorial from this gentleman, com- plaining that he had experienced unjust treatment from me, in having been dismissed from the situations of Judge of the District Court of Niagara, of Justice of the Peace, and of Colonel of Militia. Conceiving that your Lordship had confidence in my character and judgment, and having neither time nor inclina- tion t,o detail the many reasons which had induced me, after mature*deliberation, to determine on Judge Ridout's dismissal, I deemed it suflGicieut merely to inform your Lordship "That on the '27th March last Mr. George Ridout, heading the deputation, read that address to me from a public meeting held at the City Ha\l, by Dr. O'Grady, ^- f'\ ■ ■ 303 (Editor of the CorresnnnA^* j ^ , which I forwarded^T^tn"; . *°""'^' ""'' «"«" '«. ." ".y d«pa.ch K "^"""^P "" ^' S"- of April "Shortly afterwards Mr R,VJ« * which became the subiect of '"''^' ^ declaration the event of his JnTn -^'T'^ convolution, that in -»Iwiddy ei„„la.«, a pl^dZ '^'^' '™"" "'"''' (»rf G„.m,„,„,, „J !. '^'I'"' disregard ofc^nstilu- ""iical principles T/l '^ ^"'""*' *^'' «>»• fr<>'n P"'«^'PH that the situations he held we,* .ucceg. o 4.U .. . T.i 304 sively heaped.upaii hun by Sir Peregrins Maitlanci and by Sir John Colborae ; but the more he was favoured, the more violent he became, and when a judge and colonel of militia he talked about tarring and featherings the King's representative, and i considered it was my duty to inform him that his Majesty had no further occasion for his services. ." I may add, that shortly after my arrival here, I myself took a great deal of trouble to endeavour to peclaim Mr. George Ridouti and kindly, to persuade him of his errors, but in vain." . „ . In reply to the above communication, which con- tained an outline ef.the qhar^es against Mr. Ridout," as well as what he has alleged in his defence, your Lordship was pleased to command me to replace ]\Ir. Ridout in the various emptoyments from which he had been removed. It being utterly impossible for me to ob^y this order, and retain my authority in the province, I immediately addressed to your Lordsliip a very long despatch, No. 13, dated 5tli "February, 1837, to which I particularly beg leave to refer your Lordship, shonving your Lordsliip, that far from hav- ing acted hastily, I had not (il^missed Judge Ridout until I had consulted a;nd received the concurrent • advice of the Attorney-General of this province, as also of my Executive Council. ^ I also referred ytfur Lordship to an extraordinary document in my favour, transmitted by the House of Assembly not only to your Lordsliip but to hgth Houses of the Imperial Parliament, of which the r -, ^ — . , . . — _ — , — , t ■ « > - t / 1 305 mowing is an extract. ^uv>^,„ colony were ever r^UoJ- • ' ^^^^rnors of a *%t,.»KS"— Sir; ungenerously an, »„,««,„„^^l*^"'.^*«-ta-. mtli more temper; firm„e.s Ja "T "^y- did." '!^"" • ^^J«dgmeiit.thanhe My despatch contained nianv otl,». j all supporting me in the course I haJl'L"™:""'- -er. after having maturely c^^^^.^^^' iect Mr R,M« * .. ^^"^^^•^a^ut,onthissub- jwt, iUr. Kidout resting his whoh /Tpft.« quibbles -^Ifit TKnf if ^°^® "P^" two joijriixiithTr admitted, hav5nff merely s2 T. i ' ^^"^^^^ 306 the society becoming deistical, because he wished it to remain atheistical. ■- I have no further accusations to make against Mr. 'Ridout; I have nothing further to urge against what he has said in his defence, but having, as lieutenant- Governor, by the advice of my Council, deliberately selected him for punishment, as the most intem- perate M my opponents, I feel it necessary, as in the case of Mr. Bidwell, respectfully, but explicitly, to declare to. your Lordship, that, so long as I am deemed competent to be Lieutenant-Governor of this province, I decline to have any further communi- cation with Mr. Ridout, and mnst decline to restore him to the stations from which I have removed hini. My Lord, I have many similar subjects to those which I have already introduced, but will trouble your Lordship with only one more, namely, your Lordship's despatch of the 6th June, 1837, in which I am censured by your Lordship for not having sent Mr. — ^ — with my despatches respecting the mo- netary affairs of Upper Canada, instead o( the Hon. W. H. Draper, a member of my Executive Council. ' Your Lordship is already aware that Mr. , as a member of my late Executive Council, signed that hostile document which involved me in one of the greatest struggles recorded in the Colonial Office, and that he waa subsequently appointed, by the late House of Assembly, as an associate witft Mr. Bid- 307 fe.ncet„.t, confiden^^^ r^t^"":^";;,'" "- Council, would have been an 1 7- ^ ""'" ''hich would have depri^d Z T.f '»"=«"™tency, this country. j '^ "* "^ *''« confidence of «an,eZ:o;»tgo;renf''*''"''."^'- ^«'i>«^- ^-, that that gXrsruid^rKor; to r^urn without being the bearer to Le rf a "7^^ line from your Lonlship on the subieZf t- ^ * "..•»on, orany other subject a„rSl° f ''TT''^ in which Mr. Dranp- hit r ^ ""*'ie8P''tches, corned and e^en u^.. '"" f^^'^'^^h con- officer who ZVZ^^Zl:!'"' '" " ""''^'^ with Mr. Draper. ^ "" '"^ ^»'»« P^'kct 7-;::;ie7hoCrirar ^^ '«' J^en to Sf^f "" "^ ^^^^ Councillor, x2 jffiajA't^JtC^fc'-e. ^t* *^ " -806 province, appears as if it were intended to discounte- nance my^dministration. "^ My Lori6l., and punish those vT i '^"'"^ """^ » % here, as well as mTr ^ """"'• "y """"o- IWenothlil ;^rt--^^™-^^ ■»y measures, for from thl ^ "'"'"'"" "' '" "e present day mvT .7"""" "^ ""^ «""»! «" "-taine,! in the S "^ '""""' '""'' "« «« dressed to 1.^7"'^ *"™"*' ""'='' ^"^ -d- ypu. Lordship «^w,ife ^^ ^^^^ ■• > \ i5i|i'K4i>¥'<^ Hj^.-.nx' '-*; ^ 810 ** It is out oiF m^ t<6wer\o describe to your Lprd- ship, without, the appearance of exaggeration, the joy and* gladness expressed to me by" all parties at the constitutional resistance I have made. But I will not conceal from your Lordship that there is one question at this moment in almost everybody's mouth, namely, ' fVill the Lieut'Oovemor be supported by the Home Government r ' He never will V say .the Radicals ; 'We fear he will not !' say the Constitutionalists. >. ' "Your Lordship has to settle this question ; and, in niy humble opinion, upon your decision rests our possession of the Canadas." With the deepest regret, I have at last been driven deliberately to refuse to carry into effect your Lord- ship's instructions, and having done so, and having avowed opinions hostile to the colonial policy, but which I can assure yoUr Lordship are accompanied with no angry feelings towards any man, I feel it to be a duty-which I o\^e to your Lordship, as well as to myself, respectfully to request that your Lordship mil be pleased immediately to tender to her Majesty my resignation of the station which I have the honour to hold. - My Lord, I belong to no political party in Eng^ land ; and even if I did, the British distinction be- tween Whig and Tory, like our London fog, does not cross the Atlantic. ,The two parties here are constitutionalists on the one side, and democrats on \ : 811 the oth.r^ The dispute on this continent is not, as |t ,s,„ England, which of two parUes shall attain Uie honour of conducting the government of their Sovereign; but here the great mass of society is rtnvmg ta secur^ to their children the blessings of the.Bntish constitution, which a small party, from ^f-mterested motives, is endeavouring to pull down. The Idle, the profligate, and the unprincipled, see that democracy in the United States is rapidly hurry- mgto anarchy, and they well know, or rather they reckon, that anarch^, or, in other words, plunder, is the shortest method ^ obtaining wealth. ll have with atteiption personally observed the ' effects of democracy in both continents of Ame- rida. and having reason to feel deeply attached to the pet^ple of Upper Canada, I have detennined for their we fare to do all in my humble power to arrest a ^ of policy which in my opinion has W tended to the s^bver8ion on this continent of British mstitotions. No one can read an account of the early stages of tje American Revolution, without being struck with the ^semblance of much that we now witness to that unfortunate period of our history. Itjwa* then a capital error in the Government of the i^other-country. that they seemed to believe the Americans to be sincerely contending for the single objectof freedom from taxation by the British Par- V^haliiebt, ^d they imagined that by renouncing that powe4 and by disabUng themselves (by 18 Qeo. III.) \. V- 'Wff '.„> J'.at' 312 from raising money in the Colonies, even for the necessary support of the Government, they would X)vercome' all difl&culties. But it was soon evident that the outcry raised about taxation was but the means to another end. Separation from the mother- country was, from the first, the self-interested object of the few ruling demagogues whq gave the im- pulse I and they persevered just as resolutely after the ostensible ground of difference had been re- nounced as before. The Government soon learnt that their measure of conciliation availed them no- thing. So here, in our time, the Government has gone back step by step for years, giving ground before the pretensions of Mr. Papineau and the Assembly, however insolently advanced; weakening by each concession the confidence of the King's loyal and attached subjects, and encouraging as well as strengthening an unprincipled faction avowedly hos- tile to British rule. No approach to an amicable adjustment has followed any or all of these con- cessions. On the contrary, they have been so many „ unprofitable sacrifices of principles and usages ne- ^ cessary to the maintenance of good government, and at the last an end is arrived at, when the King's Ministers are reduced to choose between an unequi- vocal and direct violation of the Colonial Constitu- tion, or an abandonment of the power of governing. A firm determination early evinced to yield nothing " to'clamour, to surirenaer nothlHg^lbe mere 8dw^«H <'^l' <•€ 313 conciliation, would have secured to the Government the respect of all classes, and would have averted the riece88it^x)f resorting to measures which admit in principle' of no defence. Whatever may have been the brilliant theory of subverting the British Constitution in America, we who are living on tliis continent clearly see before ow eyes its effects; namely, that in the United States the will of the people has become stronger-than the power of the law. Public credit, life, and property hang therefore upon the conduct of a dense mass of men, in no one of whose hands can it be wise that soch vast interests should be committed. The only remedy is in a revolution, of which it is easier to foresee the beginning than the end. To tave the people of Upper Canada from foUoL ing in the footsteps of the United States, has been the object of every act of my admihistration. I have the honour to be. My Lord, / Your Lordship's : I Most obedient Servant, . F. B. Head. ■/ No. 132. My Lord, , Toronto, Dec. 19, ISS7. - ' I have the honour to inform your Lordship that oa Moncjay, 4th inst.. this city. wa s, in a. moment of feirnfpeace/Buddeay Invaded by a band 6f armed" tJ&a i. »■' . V 814 rebels, amounting, according to report, to 3000 men (but in actual fact to about 500), and commanded by Mr. M'K^nzie, the editor of a republican newspaper; Mr. Van Egmond, an ofl&cer who had served under Napoleon; Mr. Gibson, a land-surveyor; Mr. Lount, a blacksmith ; Mr. Loydd, a^d some other notorious characters. * \- Having, as I informed your Lordship in my de- spatch. No. 119, dated 3rd ultimo, purposely effected the withdrawal of her Majesty's troops from tliis province, and having delivered over to the civil autho- rities the whole of the arms and a-is, . IM meaning people to join these squads, his next step was to prevail upon a few of them to attend their meetings armed, for the alleged purpose of firing at a mark. While these meetings were in continuance, Mr. M^Kenzie, by means of his newspaper, and by con- stant personal attendance, succeeded in inducing his adherent^ to believe that he was everywhere strongly supported, and that his means, as well as his forces, would prove invincible. I was not ignoraat of these proceedings ; and in proportion as Mr. M*Kenzie*s piaper became more and more seditious, and in proportion as these armed meetings excited more ^nd more alarm, I was *" strongly and repeatedly called upon by the peaceable portion of the community forcibly, to Oppress botji the one and the other. I considered it better, how- ever, under all circumstances, to await the outbreak, which I was confident wouli be impoteni'mVersely as it was previously opposed ; in short, I considered that, if an attack by the rebels was inevitable, the more I encouraged them to consider me defenceless the better. Mr. M'Kenzie, under these favourable circum- stances, having been freely permitted by me to make every preparation in his power, a concentration of his delude adherents, and an attack upon the city of Toronto, was secretly settled to take place on the night of the 19th instant. However, in consequence 3l7^ T , of a nubha general order which I issued, it was deemej adv.«ible that these arrangements should be harned. and, accordingly, Mr. M-Kenrie's deluded ™t.ms trave ling through the fo«,st by cross-roads, found themselves assembled, at about four o'clock in ^ «;«"■"« of Monday, the 4th instant, as rebels, at ' Montgomen^s Tavern, which is on the Yonge St,;>et Macadamized road, about four mUes from t^ city As soon as they had attained this position, Mr. M Kenzie and a few others, with pistols in their hands, arrested every person on the road, in order to ' prevent mfqrmatio. reaching the town. Colonel Moody, a d,st.„gnished veteran officer, accom^panie^' by three gentlemen on horseback, on passing Mont- gomery. Tavern, was fired at by the rebels, and I ■deeply regret to say that the Colonel, wounded in two plac«,, was taken prisoner into the tavern, wher* m three hours he died, leaving a widow and family unprovided for. t . ■ ' As soon as this gallant, meritorious officer, who ^ honourably fo^ht in this province, feU, I am mformed that Mr^ M-Kenzie exultingly observed to lus followers, •■ Tiat, a, blood had ««» been «Mled, % K., . 'i-it'.f i»i L, •» . 318 priixcipal leader ; that the formef had snapped a' pistol at» his breast ; that his (Mr. Powell's) pistol also snapped, but that he fired a second, which, causing the death of Mr. M'Kenzie's companion, had enabled him to escape. As soon as Mr. Powell reached Toronto, the alarm* bell was rung, and, as Mr. M'Kenzie found we might be prepared for him, he forbore to proceed with his attack. On arriving at the City Hall I appointed Mr. Justice Jones, Mr. Henry Sherwood, Captain Strachan, and Mr.' John Robinson, my aid-de-camps. I then ordered the arms to be unpacked, and, ..man- ning, all the windows of the building, a* well as those of opposite houses which flanked it, we awaited the rebels, who, as I have stated, di,d not consider it ad- visable to advance. Besides these arrangements, I despatched a message to the Speaker of the House of Assembly, Colonel the Honojui-able Allan M'Nab.of the Gore District, and to the Colonels of the militia regiments in the Midland and Newcastle Districts: ^n advanced picqHet of thirty volunteers, commanded by tny aid-de-camp, Mr. Justice Jones, was placed within a short distance of the rebels. By the following morning (Tuesday) we mustered about 300 men, and. in the cour&^e of the day the number increased to about 500 ; in the night, an ad- vanced picquet, commanded by Mr. SheriflF Jarvis, was attacked within the precincts of the city by the t • N, ■; X, §19 rebels, who we„ driven back, one of their party being killed and several wdunded. • On Wednesday morning we were sufficiently strongto have ventured on an attack, but, being sen- able of the strength of our position, being also aware how much depended upon the contest in which we were about to be engaged, and feeling the greatest possible reluctance at the idea of entering upon s civU war. I despatched two gentlemen to the rebel eaders. to tell them that, before a-y conflict should toke place, I parentoUy called upon them, as their Governor, to avoi4 the effusion of human blood. I„ the mean whUe, Wever.Mr. M'Kenzie had com- mitted every description of enormity; he had rebbed fte mail with his own hands,-had set fire to Dr Home's hou^._h.rf plundered many inoffensive in- dividuals of their money.-had stolen «,verel horses, -r-hadmadea "umber ofrespectable people prisoners; and having thus succeeded «! ,mba&ing his mis^ guided adherqpts in gmlt. he repfed to my admoni- oon^ by a message, that he would only consent that hi. demands^ should' be settled by a national con^en- to.n,andhe insolently added that he would writ tUl two clock for my answe,-. which in one woid was 'Never." _ ^In the course of Wednesday the Speaker -of the How pf Assembly. Colonel the Honourable Allan MNBH arrived from the Gore District at the head •"^^^rmen, whom he h ad asse mbled at half ui nohr^ ""'"'*;*liJ,othetbttTe men flocking in to -v-,^. He n' J 320 me from various directions, I was enabled by strong piquets to prevent Mr. M'Kenzie from carrying into effect his diabolical intention to burn the city of To- ronto, in order to plunder the banks ; and, having effected this object* I determined that, on the follow- ing day, I would make the attack. Accordingly, on Thursday morning, I assembled our forces, under the direction of the Adjutant-Gene- ral of militia,^ Colonel Fitzgibbon, clerk of the House of Assembly. The principal body was headed by the Speaker, Colonel Allan M'Nab, the right vring being com- manded by Colonel Samuel Jarvis, the left by Co- lonel William Chisholm, assisted by the Honourable Mr. Justice M'Lean, late Speaker of the House of Assembly ; the two guns by Major Carfrae of the militia artillery. The command of the militia left in' the city re- mained under Mr. Justice Macaulay, and. the protec- tion of the city with Mr. Gurnett, the mayor. I might also have most advantageously availed myself in the field of the military services of Colonel Foster, the Commander of the forces inUpper Canada, of Captain Baddeleyof the corps of Royal Engineers, and of a detachment of eight artillerymen, who form the only regular force in this province ; but, having deliberately determined that the important contest in virhich I was about to be engaged should be decided solely by the Upper Canada militia, or, in other words, by the free inhabitants of this jiob|e province. I was ii- , resoi^ that „o consideration whatever should in duce itie to avail mvsplf nf o«, .u . "" At twelve o'clock the milJf; f «.e town, with an entLt'tS^rnM^r "' l»srfble to describe, and in abou 1 . """ .» »ight of the rebe k wh itp jl ," "'V*"""" tion near Gallows Um T '''°™'*^ P"^'" •a^ern,whiehWlonXre*"^*'"'''^"'""^"^ M'Kenzie's men Th --endezvous of Mr. ri«e,, and fra J'^'^^r-^Po'ly «™ed with , ana jo. a short time, favoured by buildin™ . We, drove them from thoir ^.•.- '"esisti- routed Mr. M'Kenzir t. '^ "• -"""P'^'ely =«i.a.i«n ran awly Id :a7 ^*'"^'"*''^ ~ "e.;. tavern. wh^rlT/~tJ;r te Jones, was burnt to the g„,„„d. ^^ ^'^ ^"'- Being on the spot merely as a civil r ■-"o »vay in command of the trlT I w:?"-' "' "eminent, and w«ll l,„ • , "'*J«s.y s Go- 'ieprisoners who":':" ^£'3'! t"'; '" "™ / ^u'i«!(A"'hom I ^ad been diwcted to fm to the bench. •4_* . »B«We, as soon as the miUtia returned f„T„ . <• marched. • rushed forward unsolicited Td. "^^-'a^ed, -P0«sl couldcoIleS ;TS'*°''^'"f ;a»eo„sly marched towards he cal,t . ?"'" ■ y2 *'jsi>,i^ ~v 324 The numbers which were advancing towards me were so great that, the day after Mr. M'Kenzie's defeat, I found it absolutely necesgary to print and circulate a notice declaring " that there exhtedn^ farther occasion for the resort of militia to To- ronto ;" and the following day I was farther enabled to issi^ geriferal order, authorizing the whole of the militia oP the Bat^urst, Johnstowi, Ottatva, and Eastern districts, to go and lend their assistaice to Lower Canada. I have now completed a plain stat^ »tUutUneoflheBrituhe«,pire. ■» >''ii&iaaifc)iistiV J i.^-* . :■ -A 'm ^if4? -^ 326 " MyLora, what a serious lesson have the inha- bitants of Upper Canada offered to their mother- _ country ! Our evidence, humble as it is, will surely bring conviction to the minds of those misnamed re- formers, who, ignorant of the blessings they enjoy, desire to adulterate the purtty of our revered institu- tions : situated as we are here, surely loeare better able to Judge between monarchical and republican Government than the people in England, who otre acquainted only with the former. The faithful at- tachment which this province 'has evinced to British justice, to British juries, and to th6 British Sovereign, is the noblest instante of independence I have ever witnessed, and it induces me to tell your Lordship, plainly and unequivocally, that neither the Legisla- ture nor the people of Upper Canada will any longer 'submit to the base conciliations which have long c^s- graced the Colonial Office. " My Lord, it has long been notorious to every British subject in the Canadas, that your Lordship's Under-Secretary, the author of our Colonial .de- spatches, "is a rank republican. His sentiments, his conduct, and his political character, are here alike detested, and I enclose to your Lordship Mr. M'Ken- zie*s last newspaper, which, traitorous as it is, contains nothing more conducive to treason than the extracts whibh as its text it exultingly ^otes from the pid>- lished opinions of her Majesty's Under Secretary of State for the Colonies ! — *~ These sefUiments ha v e akmdy he^n vO f ^ dearli /^ ^Js^ ^■,'\," "'* ; 'it • -■ ■ - 827 . le^Ji dated lOtt Septe«.6er. 183?,- «„rf / Z P^fectfy confident that Ae triumph u,Mch thU mble (^>oemment .hall remote from office a man „ho, b« A«^rag^g the loyal and encouraging the dil fected,hae a loft «^ceededin in^oMng the Ca- »ada,.nc.,lu,ar." It no^ only .emaiuffor me to .aform your Lordship that Mr. M'Kenzie. who is Reaped to Buffalo i„ d,e United States, ha. by feisehood and misrepresentations, almost succeed^a 1 e«.tmg alarge body of Hourers out of work to i! ade Upper Canada for the purpose of plundering Ae banks and of gaining possession of L crowf Stir ^T*»«^«/' ^ «-- I U tel d^red to surrender to the Provincial Legislature.-] n^slneu,^eaiurein -'reform"} is [on^^Mch] atthii — Meausingth^ughouttheprovinceclider! ■ htt ? T''' '"'^ " ""^' ^"y ••""• f"' *<>« sake of I entertain the utmort; reliance that the Govern- ment of the United Su.tes will nobly prev^til ue »va.io„. I am persuaded that LfameL"! / rfinte Ihgenee and property will feel that the charac- / to of their country require, them to discountenance ti:'*^ and unprindpied aggression l.hihh ^ ^Von then. «. e^cration of_ the ci^mj ^^^*«»*«*./«.jr »m to, he eeen ungr,t^lfy ,«. ^ ^^ii.iXir-ipJft'*.' *^ 3^ paying the high-minded and mccessfiil exertions which Great Britain lately made to save them from war, by steeping her colonies in blood and misery ?'] Should, however, any of the inhabitants of Bufifalo, or other frontier towns, regardless of these sentiments, [presume, "l for the sake of plunder, to invade the free and independent people of Upper Canada, I feel con- fident th^t every ftian in the province, Indians and black population included, will assemble together in one band to exterminate the invaders or to perish in the attempt. \j- I haye, &c. The Lord Glenelg, Sfc. F. B. PIead. No. 133. Toronto, ^th December, 1837. My Lord, I have the honour to transmit to your Lordship a copy of the speech Avith whigh I have this day opened the Legislature of this province, together with copies m sundry documents, which will explain to youi- Lordship — firstly, that the rebellion which has broken out here has been effectually put down, with the loss on the side of the Constitutionalists of only one man killed ; and, secondly, that an unprovoked attack has been made upon our territoi^ by Ame- rican citizens^ who have succeeded in taking pos- session of Navy Island (which is about two miles above the cataracts), have entienched and garrisoned it, hav e p laated thktee& pic c e » ^f ca anoH upon it faadr kiMfei&i. 329 ! in fa*t. have thus formed a camp „po„ our territory o .h.ch people, by handbills termed proelamattT: of the Provisional Government, are publicly invited under the promise that "three hund^l acres offte "7 "^'^''^ •»" - Canada, and one hundrS dollars ,n sUver. will be given to each volunteer tl„ may jom t^fcot forces in Navy Island." 1 ''*™jHI«'"<»«ed these facts to His Excel- ency the "STof Gosford. and to Sir John Col- borne, and have addressed communications to the Governor of the State of New York, and to he Majesty s Mjmster at Washington, copies of which I l«ve the honour ,0 enclose. I have stationed . rfttoa force of about 2000 men on the Niagara fronfer. and have made all the arrangements in my power for calling out the militia of the province, in case their, services should be required / Having thus done all in my power to withstand the invasion of a foreign enemy, which was never con- ten,ph.ted in my despatch to your Lordship, No 124 ate^ 18th November, I feelit my auty^to^d™: ..end, contraiy to the suggestions contained in that despatch, that, her Majesty's Government should afford to the Commaidei- of the Forces every pos- «We assistance, prompUy and effectually, to put own this attack by American citizens, unauthorised ■1 of naS:™*' """ '" "'^" "»'"«»» of ^' I have, &c. ^^^»^~trt)rcrmenelg, Sfc. F. B. Head, ■■»:: V- ■.- ■r 330 Niagara FronttePy Uppet Canada^ r^ My Lord, l^th Jan. 1838. I have great^' pleasure in commuhicating to your Lordship that the pirates have been driven from Navy Island, which is now in possession of her Majesty's forces on this frontier. I have also the satisfaction to state that the gallant militia of Upper Canada have also driven the pirates, who had taken possession of the. Bois Blanc Island, from that position, and in a mo^t gallant manner have capttred a scKooner oflf Maiden, which is on 4he St. Cidr river, about sixteen ijailes below Am- herstburg. As this vessel contained three pieces of artillery, 200 stand of arms, and most of the principal officers of the pirate force, her loss will discourage them ; and, finding that at both ends of the province they have been discomfited by. its brave inhabitants, I trust they will find it necessary to abandon the infamous attempt, which has been made by the citizens of the United States, to plunder the property and oiverrun the institutions of a province with which they were, politically, existing in friendly alliance. - . I have, &c. (Signed) - F. B. Head. The Lord Glenelg, i^. i: « \ ^,& -.J t '-i it i • , *mie.. J,' 'i.- ,- ■'. '^B6;*Jik!;.it.''.i.'jM«o?i'aiS iM;-. .jiiifc.rfisgr^ "' \' ' ,• 331 CHAPTER X. ^tr^^M ''r^ '*'V^''''" *''^ ^'«™«' """^ State of New to abandon Navy l8land.-Receive Despatch accepting my re>ig„a- ^on -Important reply thereto.-Allegations against one of Her Ife^W ^ ''"*' '' ''"^* ''' theS.lonie,.-Natu« By people in England I ha^e been generally blamed tor allowuig treason to come to a hekd. But the fact 18, the province had suffered quite enough - from agitation; and,-aA I bad carefully tested the mate- n^s with which I had to work, I felt that, instead of either trying to concUiate Mr. M'Kenzie, or make his fortune by a Government prosecution, I had better et him come within thfe reach of the law and then let It hang him. His legs saved bim from the latter ftte ; but so feithfully did the brave and loyal Militia oTUpper Canada respond to the confidence that had been reposed in them, tha> the iiisurrection was na "" sooner quelled than we were threatened withlbeinj absolutely overwhelmed at Toronto by. those who were rushing forward to die, if necessary, in defence of monarchial institutions. The general order already Wluded to was accordingly instantly promulgated, besides which, expresses were sent in all directions, ot which the following is a specimen :— /": StiiV'.'.'i, ,.:'•., ' i '»') w: ~'--^^*t:;;^.i-. i - V -s^ 332 No. 14. Sir, i^ Encloijed t feend yoii a copy of his Excellency's order issued afiter the defeat EAR Sir, I take the liberty of introducing to your Excellency the Honourable Archibald M'Lean, late Speaker of the House of this province, who is the bearer of a communication from me to her Britannic Majesty's Minister at Washington, on the same subject on which I had the honour to address your Excellency on the. 13th instant ; a copy of which communi- cation Mr, M'Lean takes to Washington. Mr. M*Lean will inform your Excellency that the party of Americans who, under the command of Mr. Van Rensa- laer, have taken possession of Navy Island, have issued a proclamation, hoisting in Canada the flag of independence, offering a reward of five hundred pounds for my apprehen- sion, with three hundred acres of our crown lands to every voSt}||6er who will join in the invasion of this province. I have not yet had the pleasure of hearing fro|n your Excellency (which, indeed, time has n6t admitted of), but I ■ * ■■■^,^T's;r.''*?^-'" . ''rf ■ 335 ItrpTa?""' ^"^'^'^y-'"- '>y*e »o,. energetic m«.l... put .„ ™,„ed,ate «op to proceedings which au.t r » r""'''^' '"^ *» » »««»»''l "".est Mr. M'Lean will have the honour to submit to vour E. eeUency ,.y f„,ffler information which you 4 «« 1 remain, with much consideration. Your Excellency's Very faithful and obedient servant, F. B, JHead. Private. No. 89. To his Excellency He;,ry S. Foa^, Washington. , Government House, Toronto, Sir, " ,_^-^ 23rrf Decmfier, 1837. I beg leave to introduce to your Excellenrv th. w M « ^'°''"''' ""^ "°^ °"« °^ '»« Judges. My official communication will explain the object of hi, , J^fW' outbreak in thU province has been completely """.ber of Amencan citizens of weahh and intelligence a« 4«.r.ns ,0 get possession of .his fine province, and tHwar sT^ i'^ '^ "."* """'"''"<" °"' »f "»* i» *» United,: -'P»' offi- .t necsary ea abandon ,he il^' T'^'J' ""'■""'l property and overrun the ili^ ^""^ '" plunder the ,--%-...a,Srr;:;r5dV-:;-^ ' r / "'""^ "yi'onour, &c. ''"I"! Lord Qlenelg, Ic. / *"• B- Head, !-'^"'> • No. 238. ■ . . I "ill not concea 1 S'P'eml'*!- last. ''WchUaveperSh:n ^"" ^<-^P"- with «f the .ffai„ of Uppers' r" '«'"'»"'«'ti„n ""h of your polfcy „^i;' " """"<' ''''«« the . 8««te,t consequence thltl '"'^»"% "f the ""''''your *«,, /""!!!' ,*»'^"' •» foIWed up o"' the Queen „„tiH ,h.„ h,,. ,„^ g - ■'%xit'*,mM>.,, 838 « opportunity of consulting my colleagues collectively as to the course which it will be right for me to adopt. Tlie absence of several of them from London at the present moment precludes my doing this immediately, although the delay, I trust, will be of very short duration. In the mean time I pur- posely abstain from adverting to any of the topics which you have introduced into your despatch. I have, &c. |, (Signed) Glenelo. \y Lieutenant-Governor Sir Francis Bond Head. &c. &c. &c. Sir, No. 247. Downing-streef, ^th Nov., 1837. In my despatch of the "26th of October, No. 238, I acknowledged the receipt of your despatch of the 10th of September, No. 99, and infomed you that I had felt it to be my duty to abstain from lay- ing before the Queen your resignation of the office of Lieutenant-Governor of the province of Upper Canada, until I should have had an opportunity of consulting my colleagues collectively, as to the course which it would be right forme to adopt. Her Majesty's confiden- tial advisers having now bestowed their careful atten- tion on the whole subject. I proceed to communicate to you the result of their deliberations. It is due. to mjf own character, and to the station which I have ..-BSE; 889 the honoui* to hold thaf T «». u "unicion With t;>zis.::7::''' ''"'■ ground, which you have a,8i^ """"" your conduct „'„ .hi. IT^r/flTf":: "' topics, liowever, I shall riSIPiri °* "'°''* """Is. To thoie who hav^Eli " "l^ '"''^ office which I now fill I 1... ^^T ™ '«'"' *''« e«p..nation o^ZZ'i^t^f^ "'"" T^ ^any reso] P%ment k %estim 341 These facts we ^ir^tl^-^'^We neeessUy. August. When v„,. '"*'*'' •* yo" on the 4th rf ofleptem,^;?™^^;'"''^^^^ , '" "■* P'*''««"'g observations I be^to «,«, .. " I mean to make no complaint of Mr D ° """ -■ply the slightest reflexion nfonU^T'' 7 .^ 'PPointmeL'assSra^t' "'"-^^^ The next topics to whicU ha,^ , r™'=^- the more particular noticlas tht "'"' ^""""^ gaMed by you as th. ™ ^ "P'^'"' *" ^ '«- •^e Wnch. in case of .future Z^. anT ".'" .'■eob;ctiu;r:svr'r''y ' Pf Mr. KdweH and Iv T ^ P^^^'^"^^ ^^^^^r ^«aenti:l;it;;r;"^;^^^^^^ » any resolution favou Jhle toZS:™"' Ployn-ent in the service of the Cro J " ' '"^• My estimate of Mr. Bid^efl's character and ,bi». 342 ■■ij' to advancemeBt to the bench had been derived chiefly from your own despatclies. It was on no lower au- thoi^ty that I adopted the opinion that ha was pro- perly eligible for that distinction. You now inform nie that you had drawn his character with a light and feeling hand. You had, however, acknowledged Mr. Bidwell to be a gentleman of 'great abilities, of the first eminence in his profession, and of irreproach- able private character. I knew, indeed, that he had formerly taken a very prominent part in opposition to your own measiu-es, and those of your immediate pre- decessor. You had stated that his object" so far as it could be elicited by the conduct of his associates," was to separate Upper Canada from the parent state ; and you had claimed my assent, in reference to this gentleman, to the propositton, " that, where a man acts with disloyal associates, his talents aggravate ra- ther than extenuate his offence." I had further been apprized thak Mr. Bidwell had entirely retired from political life, confining himself to the duties of his profession, and had ceased to act with tbe party of which he had fonnerly been a member. Such was I my information when I instructed you eventually to offer to Mr. Bidwell a seat on the bench. I confess that it did not appear to me fit that, under such circumstances, he should be punished by a permanent and irreparable incapacity for a promotion to which, on the grounds of private cha- / -< t 343 nicter, no objections could beraised and tn ,.!».• u the grounds „f p.ofe.i„na e^iee X^^'Z %h^p«.s.ble tide. It ap^ea^d to me L; J^'' or rather impracticable, t„ govern tlfe ^^^1 't'"Torth:=£:-r'°'*^-^^ "..kethe additional state*^!,^:" "7 ,T'"' a.nemW„farevo,ution:rS;«?"^^^ v.nc«a Convention!" Of »y, f^,, I^^IT Ignorant untU the receipt of ther»„„ a . ^ "^ :S:r-«- Byad'e'SfX^X »tJl later date, namely of the 22d of Septeri! " it appear, that a letter bearing the date o!Z^\ I its:; t '": ^'r""" "' *^'- «^^-"- - "^ r n^ r °'' "'* ^"^ ofSeptember, in which Mr Bidwell expressly declines to be 'a „ eX, o aat socety, and complains of the unautbXd use of h.s name for that purpose. I„ reoortingS f^ ' truth to a gentleman whose monj character i. \ * <•« 344 t unimpeached by his most decided political antago- nists. If, however, the only practical ground of dif- ference between you and me had been the promotion, of Mr. Bidwell, I shc^uld have been anxious, for the pi>esent at least, to defer to the. strong opinion which y&ujiave expressed against iny recommenda- tion. Mr. Bidwell had certainly no claim of strict right to the I promotion in questi^. Every selection of that kind is an act of discretiontiry authority in which the Government is not only at liberty, but is bound, io weigh all conflicting prudential considera-' tions on either side ; and, whatever may have been my views respecting Mr. Bidwell's appoirlfment, I do not scruple to admit that,, if I had been to make my choice between the exepution of that purpose and your continuance in office, I ^should not liave hesitated >? prefer the latter alternative. XII. But Mr. Ridout's case is of a diflferent com- plexion, and with respect to it I am compelled to acknowledge my irreconcilable dissent from your judgment and conclusions. In the despatch to which I am now replying, the particulai*s of this case are recapitulated but briefly, and therefore with that kind of inaccuracy ^diich is inseparable from the abridgment of any considerable extent of detail. On the other hand, in the corre- spondence which has taken place on this subject, and which is comprised in the despatches inferred to in \ "^ f '- ■' ■._ ■ , "» \ - • \ / • 1 . 1 ' ... •* 1 . . •■;:■ ■?;/';,, M ■% ; yj.r > « 345 tl.emi,rgi„,. m ^ found a full a„d .» . , • Sawon and rtatement of evervT., ■ ' ""***'- Paving „,at t^e ,„„^^ which r™ ";'"'*'""''■'« ratirely forced „p„n me b^, J/! , '^^ ''"P'- ""d by the obligations „fi, T' "^"y '"B"'. »^f»»'aHhtor;i£:::r4,^^-«'^»^^^ «»m,„a,y„fthJacr.' r '"''■'*'=' ""J- "^''"rt ^ of that society ; ,ha,gS, h«d «ny. * Sir P* IT J » ^ . Glenelg. 5th April. ,,837;No,^r' '''-i"'' ^°- ^ ^ ^"^ Pe;«i»t -ot ,eei„ \tr^t^roT;r-^ ""'""^^ ^«- •'•-i R'dout cunningly answft™ th u . '"'^' "^^'^'J'' that Mr memberof it? ^ "*"^"«^ <''^«* '« q*** true) that he era, nof. •?\ ^& ^«W» s^. :..--. Mi... ■iv* thinir tc^ do with dra 34#» -rtf--."4. T ».« \^' Up li£i^dre89^m quejstion ; ^ or that he had eveia fi|^u it, unlSl 1^ %| w ^^umtioi^^ idence on oath in, cor#bim^oa%i yoiirio^k no notidfe of %is .<&oi^pMnt, t'^'l'^^f^i^P^li^^^'^^ ^'^ appeal to myself, having ni^^ MSBfc^^ terms t6 which no'^^sfeible ob- i^ih^inade, that, if there weif any other t8bii«4^r his dismissal than that Avhkp you had ^Bsignei' to him, he might be informed of t^i. You 'lid not (ioraply with this request, but, in tr^smitting ■ tolne his appeal* you imputed to Mr. UidouTt' various acts of misconduot to which no allusion ^ been m^de in your correspondence with him. lanswered you by stating in ^ffect that, in deciding on M^i". Ridout's appeal, it was impossibleNfor me to advert to any other groiands of accusation than that whicli had been made known to Mr. Ridout as the cause of his dismissal. ' I explained the reasons which led roe to regard as satisfactory Mr. Ridout's defence against the charge of which alone he had been informed, arid^ignified to you his late Ij^ajesty's commands that^H^j^idout should be jj^mitted to i-esume th6|| arj Hg|nploy- ments fiMg^^ich he had b^gen i^wB Against tbi^ decisi^you iTembnstrated in j^ ^ P'^^P^^^ "^ le 6th of February. You then fcMM^st^ time Rfti: 'je^ ..Ji*»i.i 347 ' . of the 5th of Ap^T^fr '" "y -P'y «.!. «ferel'4"lf ^^'•'f ,^- had mai^eained inthefoli„„i„gte™,'^!l"''^ '^"rther addressed y«. • " *'™™. >■<""• despatch of the 6th of li-,i ' , Kov, however, for the first . . ^"'^"'^'V- 1 Ridoufs re™„;«I from offi ""'' '""" *'"'^ *»'• *. Executive Sic '• 1 , riT""""'*'^"^^ «ihe. to their origiJ;;rl"?"S^™^''% »l«>«»«»' as „e- you to place a jZ, f T '"'"'*'^' ' <"'«»« i uu rne general tone and stvlp nf fk * munication Tk- ^ ®' *"»* com- Pl«t.ng the position which you UvelT'll "" to assume ,vith relation to Zm s! , ^ "?"'^*" rely on your assur-.„.„ ,i . °°S as I could gulated by ,,e „r, . ^?' PoUey would be re- im me Ife tS ?! T'""'' y" ^ *ceived ,;--I£LSiCi-^^"^^.our which I presid.. nn„i 4. . ^ ^ *"^ ^®<^6 over «faal to ca.-rv r 1 . ^'"='°'"™'^"' » Positive i" Fhich tit re? r™f» °- i"t» effect. i„ a cas^j tkeir duty totnM"'^ ^^liberatipn. thought it received her Mni^c* ♦ ^^-tpiea , and I have '7-p-ee^$t:<:^:^r-'»''«-^'^'»^- ^l^*°^PP"'--gy«JAwithfciea.t|U - M^ '.mM ' >"-.■'. 360 delay. In tiie mean titliPtTSff^n jHBur devoting • tnp short period of your future administration of the ^>^tnairs of Upper Canada to the protection and ad- ^iftncement of those highly important interests whiclj, ^'4^ring the last two years, have heen intrusted to your guidance virith so much advanjtage to the puhlio ser- vice. I have, &c. "^ „ • (Signed) GLENE||||^ '%; (coi»y).% No. 11. , ^T^to, January 260, 1838 ^ I have l||rholii#Ur to acknowledge, the rec^t of yolir Lord^ip's despatch, Ho. 247, dated^th No- I vemher, 18^% which |du infori|^ me that her ' Majesty has Blen graciously ^feed to i^pt »iy resignation, and that ray s||^ter will procettl' to Upper Canada with 4flki>^# possible delay. « ^As I had ^nb^t onl^Kdlted my resignation, but "^had deliberately refiise? to carry into eflFedt the coui- mands I had received from your Lordship respecting the restoralipn of Judge Ridout to the offices from which I had removed him, and respecting the eleva- tion of Mr. Bidwell to the Bench, I was quite pre- pared to have received from her Majesty's Govern- ment, with the utmost submission, the above commu- IDS 351 nications. and I can truly assure your Lo J.;„ ,, , ^ expecting they wouid have been' delS To without comment, I was ahn n.f ^""^^'^ *» me ™ * **•"« »' public Suty been obliVerf .„ i n-yself « op>„,i«„„ to thei. *isl " 7""; P'^* .P-P-ed.„Webe«gedyo„.i;i.p „Sr"^ Jftpress on which in tl.« « • . ^^^P^^o^any „U r ; . '^' SM inadvertently have ^ ot«„d to be assured .hat it had never £ I f J^ •. J ^ resignation with certain remark. I feel ,t du^ to the station I yet hold tn V Tl x«quisite explanation, partieullj wTif "" Jed. aSS™ * Sfo - »-» -'-W. dove, •ideratinn " """""K" ''«'«'« J-our Loriship's con- plying* commonly called "special •■trr.rr^r..?r..r-: €• O 352 "of your despatch of tlife 10th September, 1837, the ** slightest reason to know or to surmise that, among " the measures prescribed for your adoption in my " original instructions, there was any one to which *' you did not completely and cordially subscribe;"^ and your Lordship added, " therefore the contrast ** which you declare to have existed between your " policy and mine has really prevailed in reference to *' the specific measures indicated by my original fw- *• structions. I can only state that my ignorance of '• the fact has been as unavoidable as it has been ** complete." ' , In order to support this view of the case, which of course tends to show that I acted irrationally in ten- dering my resignation, a few extracts are selected from two or three of my despatches, in which it is perfectly true that I distinctly avowed my approbation of the ori^nal instructions which, on my appoint- ment, I had had the honour to receive from your Lordship. Nevertheless, notwithstanding thii^ avowal, the whole series of my despatches continuously prove that I much more explicitly avowed *my disapproval of your Lordship's />o/icy; and, though I do not pre- sume to blame your Lordship, yet I feel I have reason to complain that extracts, showing my approbation of my instructions, are quoted against me in your Lord- ship's despatch, for the apparent purpose of convict- ing me of'liaving expressed my approval of your policy, whereas the disagreement which existed be- %• J' 353 tween your Lordship and mvself (•„„. . never subsided for a moment sile. he" T *"" ■ny arrival i„ this province , *"' *'*>' "'^ I could quote from my despatches ik ""ry. a series of extract, .T i V "'"* "*«««- »W that. f„„ the daTelt: ' Tf '""^P"'"'"^ in I-TO Canada of X k "*+ *» "'o ^""h ....io...s ration '''i^ provinceTS trr'^'f "^'"- Proiiosea elevation of Mr Bin „ • ""'' "^""' '•rongest possible te^,„7th!fr '"'•'"'"''''- "'" opposite to tl,»,ti,. "f H'cy diametrically in Lower Can! ' """"""^ ''""«•' '•"» *«' « It is true that, on being sdolQa 1,„ ti , Upper Canada, and on .aC/T ^ . ""^P'" "^ .- 'te Provincial Parliamentfn ^^1.' "'"*" "' ^^ tional maioritv i„ .1 „ '*'"''*''»"'g 'onstitu- proner In T^ """'" of Assembly, I felt it proper, on the common princiole of „ffi„- i to ascribe the whole credit „? !"'""•'*''>'• ^'ructions f not «,„ r ^ , "'* ™*«'')' «o the in. '^'Majei;ri^;2l?f*''T.r''^'- "Pect that tlm J T «ertamly did not _:L,^ ^ '°'^P''"'''°*J^dJhave|^ '^^t.* / 2a i;"\ ■■•■'■-. ... ' 354 against me with a view to show that your Lojrdship had received no notice or warning that I was hostile to the policy of her Majesty's Gqverument, untill^ou were suddenly embarrassed by the receipt of my unexpected resignation, dated 10th Septenjber, 1837, 2. Your Lordship's despatch next proceeds at gr^at length to shpw " that there .is no one of my reputed acts or proceedings in which the geperal in- terests of the province were involved which has Jiot received your sanction." ' o^ Your Lordship's despatch supports this assertion by ifttotations from your own despatches, which, as - ffir as the words go, clearly substantiate the feet, but your Lordship's despatch has oihitted i\iG\lales, wljich, had they been quoted with^the words, would have proved the accuracy^'of my^comj^aint, which ^ WQ,Si^ not that support had been altc^gether denied me, > ..but^'^tiat it had been withheld f/om me during the . various struggles in which I hM been involved ; and^ as Lord Chesterfield. granted it te Johpson, only be*)« ' stowed when \uccess had considerably impaireil its importance. \: , , ' ' •'. , I have before nle a quantity of minute evidence on th^s subj.ect, but, casting it aside, I appeal at once to the English" Government newspaperssimd to the Journals of 'the House of Comhions— both^ which I .im sure will prove to any /wnpreju'diJK* person that, ever since hiy arrival in this proVjJfwf a most remarkable silence has ^hre^^ided every victory which , •t - »>?*■ ■ #Jv '^r ■K . ■• *\ \ 355 r... ment were in Official TO«se«i„„ / •'"fy* ^^o™'"- -™ng a report fn,mTrr„ J ^L^ T " >n the Btronirest nn«il.i . "' Assembly, wJiid, .*ldre,^ to i mS >r^'' *"'' he had . ^P-^s is at thi. .o«e„; i:'V' r^~ witemnent of tliis province. . y^**' ^"""^"ve :-*lBfe* above observations will i^ ^ V de^prove what, in Br tish ^^7""' ""«■ ' l«rfeot,y notoriouslnlnS'lf^f ,^^t' '^ " .Struggles in which I hnv. k ,th#^ aid^,ou8 -^ n^eived f«,: her mS^^'-^^^ "«-. I We tune support, I feel if .: I «"verament oppor- ^ Coun.^,;C Lf ad : "'""r'''^' *e ExeJiive; ' -e adverted to at Xr:,"!''''"'"*™''^'^'"-'^' 1-pa.oh, ,„d ^ chT If ' '" y-^-^o^bipi^ "ouW appear to vB,,' , T "'' ^S"' Lofils^-JpTV -^»>o^eep.eeed,o^,„:c.;:;;::i- ' >*►. ^ 1.^ ■<*■ 356 Majesty's Attorney and Solicitor-General, whjcli, in my despatch of the 10th of September, I so^riously complained of. Your Lordship's observations on thi/ subject, in your late despatch, require but little reply, as it appears that all I complained of isj/in fact, admitted by your Lofdship, that is to say, you admit that both these important appointments were suspended merely because " A member of the/^General Assembly of Scotland had transmitted for your Lordship's inform- ation certain printed reaolutions of tte Presbytery of that Church in Upper Canada, which resolutions represelited that W the session of 1836 ]Mr. Hagerman had, in/liis place in the House of As- sembly of Upper Canada, held language and pur- sued a line o£^onduct highly injurious to the cha- racter and Mterests of the Scotch Chiirch, and in direct ©position to the avowed jjolicy and recorded opinipffs of the Ministers of the Crown." It has now turned out that your Loi*dship's soli- taiy self-interested informant (a Scotchman, whose accusations \y ere founded on some extract he had read from a most profligate nert^spaper) was in error; but, even had he been right, I respectfully repeat and maintain, that so long as a colony has a pro- vincial legislature which can read, write, and speak for itself, no private individual who gets worsted in a religious squabble should be allowed to ari-est, in opposition to the reconunendation of the Lieutenant- >357 Governor, the promotion nf h .u i. 'i,- 1. , ft^peatinp^ that the niarkerl inri; -^ ^-h-ch he and ,he Solicito^Generalhl T''^ l«s lad a bad moral effect. ™'''''''"' 3. With respect to the reception wffiih *»« • .j, - at your Lordship's office to tV ""^'"'•^s «r>i'«ri'.;' the Honourable W Hn ^°J"="<"- General, of my Executive r: ^■.^"'^'' "'••<>. -^ « member «« the departmental conduct ofMrJl ^T"'"^ consequently exactly, the last individual ifl" ""' nnce whom it would hav„ i ™ P"" - ^iectifor such In \ , P™P''' *" ^'^'e sw loi SUCH a mission), I have nnl„ .. • <■ your LordshiB thin M r> ^ *" mfonn J """'P tnat Mr. Draper, whow m.-IJ : a^ s>ve cBaracter ..n,) , j • ""'"^e mild inolTen- - %h.;td'.n;rd h^r 0^:' s/t"^'''^^ Mary, M. ■ Stephen, whosfe whol. ■.■„„„,V * ' 1 - - r r NS .; .A ' _ •'..-"* . .\ '...■ .-V:.:,,Ai^^*:^ *-J *<' ^58 * ,, towards him was not only repulsive but highly oflfensive. Had Messrs. and Draper, been mere private individuals, the eulogium whifch your Lordship's de- spatch passes on the former, aiftlbthe neglect which was shown to the latter, \Y9uld interest no one ; but, while Mr. Draper appeared at the Oolonial Office as a member of my Executive Council, aiid as an indi- vidual devotedly attached to constitutional princi- ples, Mr. appeared there recorded as one of the five nienabers of my late Executive Council, who, shortly after my'Wrival, had made an attack upqi^ th6 constitution, which, being immediately backed by the then House of Asseinbly, obliged riie to dlssblVe the Parliament and appeal to the people (who sup- . ported me) , which had the effect of discai'ding Mi".. Speaker Bidwell and the other republican members Horn the House of ii^sembly. ' \ It was also'recorded in your Lordship's office that Mr. had beien named with Mr. Bidwell, Mr. Fapineau, and others of the same politics, as com- missioners for m object whicli, though . artfully veiled, was very generally and naturally here be- lieved to be revolutio;riary. , Under , these circum- stances, surely it muSt be very evident to your Lord- ship that it would have appear^i^ a meltsure Of cdu- ciliatioh higjily oflfensive" to. my Council had 1, as Lieutenant-Governor of tliis province, stilscfed MX' ' ' as the individual in Upper Qjiuada most ' ■^ «t : %■' .'»• .'.» ■-*'-■ :^ #'S ,« , ,i, , ^ . ..m • , , ■ . A • - „ ,6 359 >^ recorded in the CoI„„ia| Office vour I iT, '^""' spMch ahould persist i„ S sH^'^''"''' ""- the precis*' vieyrs of fe Execut^eP '^ '"?''"" which iie officiaHv «-L """^ «overniiMnt, of Bonnycasfle instead oftoMr Z" 7,*^ *'"•'" gentlemen «-«„ * ^n for New Yot in * " ■ PacM). yodrtordslnp states,- " "'* ^"". , %fully intended to malte M(. n^ '. ' '»«tlepdat this office H^t 1^^ '"' ™* -^"^''^l . «ployWn.of another me™'^ t„T"' ■"' *" ' of inevitable neCMsitjr. .»" "^^ tnerefore a diatter \ If the united testimony of Mr n. *>iging intentions fo^ardTM 'CJr uTf''' fn-strkteil in a manner whicl/l.wT^ T*''"*" • jolir fcordnhin il. 1 1 u '' '* '"'* proper Jw. Draper admits tliit i, ' • y^'' ■ / "» V -\* &.; :,:&' 360 have called at the Colonial Ofl^iCe on the 'day before the packet sailed ; that he did call accordingly, but ; not at the appointed hour. Major Bonri^castle, how- ever, states that yo^ur Under-Secretary, Mr. Stephen, told him, two or three days previous to the saiKijg of . the packej, that he (Major Bonnycastle) would be the bearer of the despatches ; that? ^^e accordingly asked Mr. Murdock (a clerk in your Lortlship's office, who, he was informed, had eharge of the Upper Ca- nada correspondence) for them ; that Mr. JVIurdock told him that the despatches w ould not be given to him ; that he (Major Bonnycastle) went and told Mr. Stephen what Mr. Murdock had said, upon which Mr. Stephen sent for Mr.Murdook, and, in his (Major Bonnycastle's) presence, told Mr. Murdock, very an- grily, that he, Mr. Murdock, ought to obey the in- structions he had l-eceived, and that he was to give the despatches to Major Bonnycastle. 4. I will now proceed to the two principal topics in your Lordship's despatch, namely, my refusal to raise Mr. Bidwell to the Bench, or to restore Judge Bidout to the offices from which I had removed him and my consequent resignation. My Lord, I had not been a fortnight in this coun- try when your Lordship wrote to me, suggesting for my consideration "that it would be a very judicious act on tlie part i)f the Goviernment to place in sta- tions of trust and honour those gentlemen of Upper Canada (Mr. Rolph and Mr. Speaker Bidwell) who ^ \ 361 had been represented to vou as am. .. Ihe recomi,.endation submitted by vou'r r^ ^ i • i-or my comideration was. "that Mr Z ^f ,''' be a me«,ber of theExeoitiv. r \ ''^ ''"""' It miffht " /Jp /, «^,., .• J. . r "«» «* person whom to i ^'e « very judicious act on the 'nn^t «/- A taking his character altogether tl„.-n,„ , ' 'J^" ■™' ««= .liters who lately ?S'Tl;;'J:r^ of bee. the pe^„ „h„ fe, ^^^ ^ wt" CI? 8«™g .his treasonable affair, tba, aL dV Rn ■"ended them to come and attack the town.' rr„i.!r., *"'*'' Pro-npted liim to flv toth, I'n.ted States (befo™ any ide. was enteitila^ Jf / ,./' J ^•i. ■J, 1 362 .■^ V arresting him) the moment it became evident Jhat the treacherous attack he had planned would not succeed. As a fugitive traitor, his seat in the House of Assembly has just been declared ji^oid, with only two dissentient voices, which merely disagreed on a question of form. With respect to the otl^r individual (Mr. Bid- weH) mentibned to me by your Lordship as a person whom it might '* be a very judicious act orTtfie part of the Government to place in a station oftru^t and honour,'* it is c^rtaiply remarkable that, within less than a month frOm the ddte of the above recommend- ation, both he (Mr. Bidwell) and Dr. Rolph, the former as Speaker, the latter as Execi^tive Council- lor, joined in perhaps the most, ferocious attack that ever was made by any Council 6r House of Assembly upon the Lieutenant-Governor of-the colony. 'IV grossly insulting language which was used" agaiiist me, every word of which has long ago been trans- mitted to your Lordship, is, I maintain, without pre- ce1le( that it that the Bench £ offered t In vie iate defef " did not " stances, " perman • " to Whi( " objectio " grounds " possible " rather ir " principle " body of i apprehend€ which your American < Mated the 81 ^ latefy h »^^gl^ soldi 363 the House of Assemblv itself • n„^ 1 voluntarily explained to your Lordshinlf t ' 'hat it was the wish of her Sv' r " ""^ ;tat the situation of Judge of ^rcLTr?' : f -t appear to .ne fit tl .'i/ "„ "^'''' '* stances, he (Jtr. Bidwell) should he p^ S"*"" "<^ch,o„,x.„rd.hipp:;:,,f£'£ JO" ■ Ame„«.„ eolo.ries,-a„d Why yo^ Sil?''""' '. ), ; » •./*••;/ 364 inhabitants,'* — I will not presume to inquire, but will simply state the following feet. ^ur Lordship'^8 communication to me of the desire of her Majesty's Government to elevate Mr, Bid- well to the Bench reached me on the Ist of Septem- ber last, just two days after Mr. Bidwellhad addressed a letter to Mr. O'Callaghan (a traitor, for whose apprehension a reward of 500/. has been offered by Lord Gosford), which was published in his own ne\^|^^r, and of which the following . is an ex- from public life, probably for ever, I still look ' with tETdeepest interest and sympathy on the efforts of those who are actively contending for the great principles of liberty and good government. Your great-afufpower^ ful exertion in the cause of liberty and justice I have noticed with admiration and respect, and I look >ith deep interest on the stniggle in^ Lower Canada, between an insulted, oppressed, hid injured people Und their op- PRESsoKS. — All hope of justice from the authorities in Eng- land seems to be extinguished. , My Lord, if J have been wanting in respect to her Majesty's Ministers, I offer to them the foregoing ex- tract as my apology; for even at this moment of my approaching departure for ever from this province, the very idea of my having been desired to elevate the writer of such sentiments to the British Bench creates wi|hin me feelings which it is difficult to sup- press. Under the excitement , of these feelings, I T 365 , . [xSitireljrrefuMd to obey your Lordshin', iJk,- . ^ ."d I respectfully .e,ae.4l toherSllP't' "»"»" f •'■« station. I hoM.- S We '^'" prpved that the judgment I h^ fol^of 1^' gerous effects of coneai»j,„„ • """■ Tn^ason. Which wCg 2^:" J^/"-"'^'''' laving been.fenned by eoncUilt^n «";P;-ovince. '•■"0 a flan.,. The deUH ' r.^rS '"" l^ve already e.ph.i„ed to your Lordahip L „„ t^th-of December last theteve militia of lT„ Marge i!-^ ^' "'«•'«""'"' wasinscribed , ."^'?r^'-r'*e glorious minority, i83(, and a good begmning.'^ , ,7 ^'^- if *»t flag had, as was expected bv if. "« in saying it would have waved ovp,. +1.^ ^^rZT^-^r-^?^"^"^ on the'™; ■^'-g Street t>f your Lo«lship-s despatch, which, f ; , tt ' ." o c , IX f 1 / fe. *■ ■■* ■■i. n ' r C") , t \ ■ ^- V ■' \*' ■-" •i. " .*•'"■ T t ■« s \ 4 " • > 1 * • . ■-■ri-.^^. ...^ .-.__. •, * ■;, ' ' ' •-■ . t ■■* ^[ 7 ' ■ .• ■ - ^ # t ■* "f ' ' — , . -' r '■' ''^ f ■■ > p ■ ■ . V. ■m \ ■ ,'r / ' ^?F^ V ' / ,v- ,rff iK « *■ • ^, ^^v^ ^.<*:»/^ ' t % IMAGE EVALUATION TEST TARGET (MT-S) '^fi^tf k / Lrf> & ^ ^*-- -^r^- 1.0 I.I 2.2 US L25 i 1.4 — 6" 2.0 1.6 ■1 *«r '1 Sciences CorporaHon V « o 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716^872-4503 •^ ■^ 366 in reply to my decl^tion, that, so long as I continued to be Lieutenant-Governor of Upper Canada, I would never raise Mr. BidwelPtothe Bench, informed nie " that her Majesty s ministei'»Jkav€, after the fullest deliberation, thought it their duty to tender to the Queen their advice that my resignation should he accepted." I beg leave to place these facts on record, without a comment. • ' 7. It gives me pain to reply to that part of your Lordship's despatch which relates to my refusal to restore Judge Ridout to the offices from which 1 Imd removed him. The despatch says nothing in favour of the Judge's proposal to tar and feather, me ; nothing in favour of the whole course of , his political misconduct ; nor does it in any way oppose my opinion, or the opinion of the Executive Council, that Judge Ridout was not a proper person to be allowed to continue in office under the British- Government; but the despatch clings with inexplicable tenacity to a fact which I haye always fully admitted, namely, that I disclosed to Judge Ridout only a part, instead of the whole, of the reasons, for which I had felt it necessaiy to inform him that his late Majesty had no further occasi. that/a u^ell* - we. p^parin'^ ^^^ L' TtV;: r?" almost unnecessaiy for rue aeain iVf '? "^ " whereas, in Lower r»n,H 1^ ^'*""' ™y«<'J''! "-".he Royal ^Jtte^d ~ ::: xr" ™ssah, which, h^vever, were to„Lrt^^;ilt^- s;^if:tcrirr'-^^^^^^^ ;--aictiven.an;:hert;.:X:r!i to presuppose that I hud acted without reflect ^1 »ny dismissal I had effected ; but Mr RiZ . " - it has been detailed to youl- uihip^tt ^ ie Jlxecutive Couucl on the subject ; and the y ^ K^V 368 very fact of my having done so proves that I was de- sirous to be guided by reason and justice. As I have already stated to your Lordship, Mr. Ridout's repub- lican friend^ fancying that his dismissal might, in a city where almost universal, suffrage prevails, secure his election as an alderman, tried the experiment, and failed ; he has never ventured to petition even^ the House of Assembly on the subj-ect ; and I feel I may say that every man of respectability in the province, who is cognizant- of the facts, is conscious that Mr. Ridout's dismissal was not only just, but a necessary measure ; and I have only to add that, in the late insurrection, which has tested all men's principles, Mr. Ridout is almost the only individual of a respect- able family who has not either taken up or declared himself ready to take up arms, to put do\v^nsur- rection, or to repel the perfidious inva^JHf tliis province by American citizens * , *^\ My Lord, I have now finished the p^fiiful d^ty of replying to your Lordship's last communication ; and, as I daily expect to hear of the arrival in the pro- vince of my successor, I can have kittle desire to protract a discussion which nothing but a stron • After I had retired from the Government of Upper Canada, Sir Geo^e Arthur, who succeeded me. investigated Mr. Ridout's case by order of the Colonial OflBce : every chance was given to him in my absence of shewing cause for his restoration to ofBce.— I understand that he totally failed, and that Sir George Arthur most decidedly recommended that Judge Ridout should not be restored to the oflBces from which I had removed him. 369 astonMiment, that i„ L „ . ' T P ''''^«"»g "ill, ;" 'his despa'te,,, V' LI rftvT. ■-»'-.«. . I'a™ certainly been d.„r 1 .'"'' "'^'i''«i"ns ever, would, I beliVv. " ^ 'Z'^"' ^''d'^hip, hou-- by noblemen, like yonlutle . T' ^""""" and worti,. ■^ ' ^'•'ship, of higl, character recording as „,„ J-^" ^"iship, to shrink from -eofircornitsrin Poi.meau. M'Kenzie R™ 7^^! Tr"'' '^''^ ton as the ioyal population? . ^ '" P^P™- '^'-iy been disced t lot tds^ '^^<'-'- «patch No. 132, dated Ifll n "P '" '">■ ■■«- ''Hi.Uhefolio.vLgillnSL^r'-'^^^-^ 2 b 370 ■J; publicait. His sentiinents, his conduct, and his political character are here aljkp detested, and I enclose to your Lordship Mr. M'Kenzie's last iievvspaper, which, traitorous as it is, cotitains nothing more conducive to treason than the extracts which, as. its text, it exuhingly quotes from the published opinions of her Majesty's Under-Secretary of State for the Colonies!" The following are the extracts above alluded to as republished by Mr. M'Kenzie : — •' Evidence given by James Stephen, junior. Assistant Secretary of State for the Colonies, before the House of Commons Committee on the Govemmeret of Canada, 1828. It is impossible (says Mr. Stephen) to suppose the Cana- dians dread your power ; it is not easy to beliejve that the abstract duty of loyalty, as distinguished from thje sentiment of loyalty, can be very strongly felt. The right of rejecting European dominion has been so often asserted in North and South America, that revolt can scarcely be esteemed in "A" P"0"ciy suffering, i \ gn poweilui enoMgh against all theT- au- i_ ^•■1*^- ../ ix 372 ^ thorities to rob their own state-arsenals of arms and cannon, proved, unable to attain its perfidious object; and I have no liesitation in saying that Upper Canada feels at this moment proud of the " enviable distinc- tion" of being dependent On the Britisji empire, whose brilliant history it venerates, and whose Sovereign it affectionately adores, Avith a loyalty wiiich has just called forth the unsolicited thanks and admiration of the three branches of the Legislature of the gallant province of New Brunswick, another North American province which, contrary to Mr. Stephen's theory, voluntarily remains " one of the dependent portions ofiheNewWorUr As I entertain no sentiments of animosity against Mr, Stephen, it has been with very great reluctance that I have mentioned his name ; but, being deej)ly sensible that this province has been signally pro- tepted by an omnipotent Providence during the<(|Kie unnatural rebellion, I feel it ray duly, in retiring from this continent, to divulge, through your Lord- ship, to my Sovereign, ftiy opinion of the latent cause of our unfortunate misgovernment of the Canadas. I have the honour to be. My Lord, Your Lordship's most obedient humble servant, * (Signed) ,F. B. Head. 373 ""feigned ,.e„,e, „t ,. 7 *°. «P'e»s ,„y ,| {looted against Jiurt^' ''»''*'-' Finciple^ oHack of. Toronto) oL leZ^ "'?"" *^>^« ""^ allude .0 this secret i.l, , ! "™''' •"^""eUy ■n t,"-. for .he k*'""". »o,e„,iblyfe,, Wh""!""'^ "'''*■'• '"have '•".» principles were foIlcved-Thl^ """ "■" *♦'"'''»'•' ""e •» «a«.e ,y..e„, „,, „„„« ~ J^^^- »«« .he exigency, "- of .he despatch, .he .aZ~^"L '^'" "'' *" •"' "■esan,e d<«,ri„e, h,,„ iTTn ™'J^ T '°"""'™'- "d ;».«r„., evidence of, he ogiX™'^"^^!'^ ^-1' «he«, afford lio anmiadversion. I„de„l ? P°'"' ''"» ou. .o pub- .-pif so o«cia„;:ett;"r r,^^""-^" *■- --^ '"'eresls „„„ „,.„ ^^^ ^- '» h- prej„d,eed colonial and has sat as an incubu Lt ° n. '""'^ *" "'P^-^ h«>a,.,and.,iflad his me.lTufl °" ^ord Glenelg, ^Sood ia.e„.i„„s as ,vel, aslr'ao, ' '" -^"^"^ «■««• *» »h'P'» predecesso.,. The H„ . "'"^ °""'» Lord- ^»ada,a. i.s las. sesl", ^re^^-^^Iy "' l^Pper he followed up by the LegisL.LTr": '"■»"•■« i. „iu *».r in.ernal peace, .heir ^^^Z°' "" "'"er colonic. : "nfmed connexion wi.h .hi '" '"''"Peri'y. and .heir foMheexp^sionofopl l^""' ■"•'""^- '""diy oa Portance u> .heir -bes. iCe^raL' ™«»^ »' - m-h i„. 0P™ly and boldly avowed "■" '"^' "■« '' "ilUS > ""lied upon ei.K'J '"^"'*''' ""O, should J " "y eitW House fClS'Tl*'""^'''"''''*- the Imperial Parliament, to =?= / ^ 376 substantiate the allegations I have avowed, I tthati at once give the following list of the witnesses to whom I refer : — . » Sir Peregrine Maitland — Sir John Oblborne — Sir Archibald Campbell — the Crown Officers of Upper Canada — Ciiief Justice.Kobinson — the Legislatures of our North American colonies — thel^rKish mer- , chants in Eiigland connected with oui''>I«rth Atiia- rican provinces-^the West India and other merchants connected with our colonies.. ' - -A ..y ^. N V ^r' 377 Captain Drew" UN 'n • .• ^ "^ or Nov. So.,,-: ^rN^i r:r;r °'''" '^«*'- No. 15. ' . - MrLoBD, ' ^j""/"' 9"' ■f.&.mr^. 1838. ' J." "J '*'''""* "^ *''" '""' «f •''"'"arjr, which co^a.„ed a copy of ,„y .o„,„„„ic„,i„„ ,„li;™t a Wash,„g,^„, ,e3pec,i„g the capture of the pi atW -Wbo«t,fce Caroline. I had- the honour t" ^H Majesty, R„,», Navy, and ,h, olToffi;:,! ' ^nten engaged in the service alluded fo l2Z f ' A-ny duty to bring their jconduc^^befortte - ' esp«3al attention 6f her M^s Gove^ J:;!*l vouWir7v • T^*'' ' ''""'''' P«"o„sly inform your/Lordshpr tl«it as soon a^ I fo„„d L ,h" ^ '•»■ W' 378 . iwrtion of the British empire was perfidiously at- tacked and invaded by American citizens, under American leaders termed " Generals"— -that artillery and muskets were brought against us from the State arsenals— that Navy Island belonging to her Ma- jesty was actually seized by Americans— that batte-^ ries were formed there, from which shot were fired for many days upon tfie inoffensive inhabitants of this province^and that the island was regularly supplied, by boats from the American shore, with provisions and munitions of war,— I approved of the recommend'- ation of Colonel M'Nab, commanding the expedition on the Niagara frontier, that a naval force or flotilla, under officers of experience, should be constituted i and, feeling that it would be unjust, that, in the name of her Majesty,"! should require naval officers to leave the back woods, into which they had retired, without recognising them in the professional (Japacity in which I had especially called them into action, I directed my military secretary, Colonel Strachan,' to forward to Colonel M'Nab a written communica- tion, a copy of which is herewith enclosed, directing him tq call upon such naval officers in the province as he might deem pl^per to select, to afford me their services, on the understanding that they would receive their full pay during the period they were thus pub- licly employed by me on her Majesty's gervice* In^fliisequenceof the above coramtinication (which I at once think it right to acknowledge coiitains no /3 S79 ^"fonn to it) CoLf^XS'':^;- "-" ''"^'^ gun-boat, aid ott " ^17"""' » "«*'"» "^ O"! for the purpose rfalt ^'""»<"ii>^My fitted While jr'P'"*''^ ''««<''""g Navy Wa„d. -t^H hin^selfGe" Wn r'"""?,"^""""'"''- % .ft«r day. to 6^ nL ^ "' "°""'""'' "ffonding inhabitants ofleSlr"'' "P"" '^^ ""- »<" a gun had been fil.*' """"'• "'""ugh 381 and, with fhe flof ^r i • Ae point, i,e „«„, , rr:: ^-'^'^r^" "■^■" -"■ wliurf. ' ' "■'1' ''•0'" "'« vessel to the % 'his time Lieutenant l\I,. al ,7,'^?'""'^'' ''"d ho.r,le,l eouW not recogniseti,' 1 'f"*' '" '^"'^ "'"' '- W™ though the IeL;r r?"''"'^ «™S'-^'-' '".en fired „p„„x.ie„J:::c^^^^^^^^^^^ «'« pi™tes him m five places • vM i„ ',""'=''• "'"l woun.fed "-bled anoLr rf tC aT,; V' ""^ '"^ -"^-'-"^ of Woo,!, the vessel wT. I ""''""« fr"™ '»«« ™»ed,atel, orS^'r:/; "■'" ''''''"'' "-"' ;f th.s Lieutenant Elmsley. R TlZ '*'"""' «eer party of sixteen .„ ^ ' "'^"'S « 'oluu- 'ieircutlaVaer ;:„?:. ?''■ """"■"^ ""* «>en,. and, f„r„,i„g J™' ""^ Xa^ds towards -« the chain cables re It':/'"™"" "■«-- . ^■e-c-^>v.no.vretu».i„g.o,he;r.^,ve boats 382 towed the vessel from the wharf, but, tlie current irrevocably drifting her towards the Falls of Nia- gara, Captain Drew, assisted by one man, set her on fire, and, as soon as she was fairly towed into the stream, the assailants, finding she was more than they could hold, let her go, and, giving her three British^ cheers, they rapidly pulled away for their own shore, while the pirate steamer slowly glided towards hef 'doom ! A ^^all light glowing within her suddenly burst from her hold, and in a few minutes the guilty vessel, enveloped in flames, was seen hurrying to^^^ards the rapids, down which she hastily descended until, reao^jing the crest of the Great Horse-shoe Falls, over she went. Your Lordship will imagine, better than it is pos- sible to describe, the solemn magnificence of this spectacle ;^ yet it does not exceed the moral picture exhibited at the capture of the vessel. The justness of the cause, the noble project of the attack, the coolness with which it was executed, aWd, lastly, the mercy that was shown by our U-ave fellows the moment the vessel was their own, are naval cha- racteristica which reflect honour on the British empire in general, and on this noble province in particular. I therefore feel it my duty to request your Lord- ship to lay my humble testimony of the merits of Captain Drew (whose intrepidity and generosity are beyond all praise) before th« Lords Commissioners of 383 ^-^ him. ^^''pectiiijjy, to recommend tageous that the Queen I„ in? " ''^'''^ <«'-»»- «<- ™tired «aval ffiltl t « "*'* *" -" "l"" «^- professional servTI ol ^^T'""' ^""'•"'^'^ '•f di-bled they shol Vr'- '"*•""""■ "«". <■«.«. priva,;<,„s w£ ir . ^^''''^^ '° -^- from following ,h,;„'"«'",'«'"l to deter others «P«n by their Governmen!^' "^^^ """^^ «;' «.e political ci;^!::;;?^-^''"-''''' % are ordered to effect Te I ?« '"*'""'•'=» »o.. urdship that tf:::;.!' ^r c '" r^ <-« productive of tl^^o^thenSi:;^^^ •<"■, b«t, even i„ ,,,., ...fe het.„ .T °' °°"™ '" » ^sh «-.t : 384 Before it took place American " sympatJiy " for our absconded traitors was unbridled and unchecked. Tiie state arsenals were openly jilundered, sub- scriptions were openly collected, provisions, as wdl us munitions of war, were openly supplied ; and while her Majesty's Government in Upper Cana(k was ^fubjected to enormous expenses, and while thfe un- offending inhabitants of this province were kept in a «t«ite of painfufanxiety, the inhabitants-of the Ame- rican frontier were actually amusing themselves at our sufferings, and were even making parties of plea- ^ sure for the purpose of inspecting the preparations on Navy Island, .^ No sooner, however, was the Caroline in flames than a sudden excitement prevailed ; but it Avas the excitement of/«?ar. The women fled from the villages on tlie coast— people who had fancied themselves bed-ridden decamped— and the citizens of Buffalo evinced the greatest possible consternation for the safety of their town. Immense expenses were immediately incurred by the Americans for the purpose of self-defence, and, considering how much Upper Canada had been obliged to expend on this principle, I trust your Lordship will admit that it was salutary, politic, and, above all, Just, to make our American allies partici- pate in the lamentable consequences of their own perfidy towards us. Of course there were not wanting those who argued 385 \ ". shouJd be so. ' '* '^ «ot advisabJe it «- Niagara fronfe ht , " I' P''™ "^ '"'"<'i»g merely our enemies from ,),. ',™'«'™^. a-e now '•"--i- they :::%::i^^ -"'■«'« and envy "highly advisablH^ 2^ 'Z'"'- ""' "^ ' «'""= I We directed .Captain Drew l/ . ^™«"<^''n^. / which are h^-elh enclosli t "*"' ^'^^"^^ •fant flying u,„^ j shai] 1 ellld ."''''""^ ""^ P""- "a'e to your JLordship. '""" '" '<"n»"»>i- -lUe'le'r^'^rifljI'trr"" f ^ o"^™'-" '^-"shon/d be criLdTtr'tJ^ '•-■""'-<• «veral vessels are now.. U " " ^'"' <■»'• »« ?5 2c 386 of tjie Admiralty my apology, in case I should have given any orders they may see reason to disapprove of, and that you will be so good as to lay before them Colonel M'Nab's recommendation in favour of Lieutenant Elmsley, a member of my IBxecutive Council, to whose intrepidity ' I can myself bear testimony, I have, &c. (Signed) F. B. Head. The Bight Honourable the Lord Glenelg. In reading the foregoing despatch, as also tlie documents appended to it, the reader vvill, I think, join with me in regretting that, although this was the first naval victory in her Majesty's reign, my un- ceasing applications for the promotion of Captain Drew, and for a pension for Lieut. M'Cormack, neither ot whom I had ever seen before they captured the Caroline, have been unavailing ! "■■ ' Toronto, 20th December, 1837. Sir, — I am commanded by the Lieutenant-Goveriljor to inform you that, should you require the assistance, Of naval officers of experience to recover possession for her Majesty of Navy Island, his Excellency desires that you will call upon such naval officers in the province as yop may deem proper to select to afford him their services, and that you will explain to them that they will receive their full pay duri Exc( By Colone hy his Lieutei commai her Ma ♦purpose with the ^avy Is] J here 3id comi ^i^h me. and boats sport one Island. Vou wiJ i"dgment ^fajesty'g J ^'ven un, l^ecember, i ^^^ and thi ^mmandt ,. y- 387 J have, &c w (Signed) r't^ „ ^r- Colonel M'Nad, . ^^ ^'"^^ohan, M. S. . % Virtue of the nn«, , ^^'agara Frontier. "J' nis i*/XcelJenpv Q,» n "j^siy forces on ihi^ e I hereby amhorfae yo„ ,„ , , j- Venl"":'';:;';;.;-'; »«>« arrangements as i„ „„ ' *<* 'vhich this shall hp •^^'^* ^'^the expe- De!:r "'" "'^ ^-'^ at ' ""^ ^f-"^ -rrant "^ . ^ecember, in th^ this twentieth A . "^ -" '-.nir-seC """" ^"i »- ".o-„: ;\:rj: ^ (Signed) . ^^ Allan M<||k 2c2 388 Niagara Fronlier, Chippewa, Jan. 17, 1838. Navy Island having been evacuated by the rebels, you will immediately proceed to lay -up the vessels and boats composing the flotilla under your command in safety for the winter. You are hereby authorised to continue on the spot your- self uijtil further orders, with such a complement of naval officers and sean^en as you may deem sufficient to take proper care of the flotilla. (Signed) > F. B. Head. Captain Drew, Chippewa.' - ' ' T&ronto, Feb. 4, 1838. . Sir, ,1 • You are hereby commanded, — in addition to the duties al- ready pointed out to you, of protecting the property of her Majesty lately employed in the Naval Department, and placing the schooners and flotilla in a place of security, — to use your utmost eijdeavours to procure such information of the movements of the rcsbels, oi" any other persons inimical to her Majesty's Government, as may conduce to the interest of her MajcBty's service ^ taking care, however, to be ex- tremely cautious and cirdimspect in the discharge of your duty; to avoid everything that could in the least degree compromise the dignity of ^her Majesty's Government, or give just cause of complainUo the Government of any other country at peace with Gre#Britain. t'ou will report your*. movements to me, as^lso to the Lords Commissioners of the Admiralty, as often as occasion may require ; and you will continue your pendant flying, untU I shall have had time to covimunicate these instructions to her Majesty's Principal Secretary of State for the Colonies. (Signed) F. B. Head. Cajjtain Drew, R.N. / g____ lre.H Quarter,. Chip,^-^, j„^ ^ ,^3^, I have .he honour to enclose the .^porfofr, . ■ „ RN-, commanding the N.,v«l n ■ T °f Captam Drew, ver; and the ,erv,i o .IT l-tT "" "■' '"»8"a Ri. I- have given .,,e™ leave („th ,1 '""^ "" '°"«^ «1»-<1, to relnrn ,o their homj Thj . ,T'°" ""^ ^t?'' I^) efficient nnmber of office^ ad '" "«-^"X?*n a «>'» and lay then, „p. '"'' ""^ '» '''^an.le .hrj-e,. The conduct of Captain Drew and tl, , h.s Command, ha, be,„ „„,, JL ^ '^ "o'"""'" under -Voe. Where all haveTo „o^> " '"T*"" ^'""«' ">» appear improper ,„ menln-h ^ "" "'"'■• ''"'■'■. " -"ay. have ,ig„aLed .hemX "toe "T "' '""-""-'' "*» however, refrain from mentil^!:" ''" '""■•"" ^ ' ^annot, wounded in.gdla„,Iyb„fr;.i„7,h°r:,"'^' "r'^^-'y 'he hospital ; the latter haa been . T ' ""'" " '"" i- "ay and nigh,. ,i„ce he joi« 1 c: r'^^ ''''••'•"'-'■"™' a"d J am authorized by Cap. Jn n ' ' '"""''•™» received the most valuable3r ^ \ "'^- "■*' ^^ '» lo Lieut. Elmsley b,,ri„!,ir ' "" """ •^"" ' ""d I • nature of .he du'y "h t 'Z'l'^'f' """ '"e dangerous ■nore u«.er the f^eotZ^^^r '" ''™ """"Sh. him wmmand. """^ "'°» »"y other under my /O- ft ' "^'O' &c. . (Signed) - , No. 18. ./ /> / ■-. ^-. 390 1 A having consulted my Executive Council, and the Speakers of the J^egislative Council and House of Assembly, I yesterday determined that on Tuesday, th(i 27th instant, I would prorogue the Provinciid Parliament. I feel confident that by doing so I shall relieve ^ir George Arthur (whose departure from England we have not yet heard of) from tlie very difficult aqd embarragsirtg situation in which he would be placed, were he, on his arrival here as a stranger, to be sud- denly called on to" assent to or dissent from Bills, on the^ policy or impolicy of whioll he had no time to consider. &^ \ feel confident it is only fair to Sir George Arthur that he should have a few months' leisure before he ])e called upon to meet the Legislature. • I may also inform your Lordship that, in conse- -!a]^epce of the disturbed state of Lower Canada, and, (wrtlie United States, many of the membe.rs have felt it advisable to return to their constituents, 9.nd^liH,t4 others are veiy desirous to do li? , ; I have, &c. (Signed) F. B.'Head. light Hon. Lord Glenetg. ^g in a** distant country, one has been by pi^ll^^^Pn uiiji|^^.ceviled, there is sometluDg highlyij^atlfyiug in thaTretributive justice with which, in England, the error is generously admitted, so .fipoii as bytjbe iig^tt o^^^^ clearly percejvedL / 391 This obst tirnent^ the tin %^T''"''^''^y '^»"^le« to the sen. Imperial Parliament. " """'"^ »'' "'« Considering the circumstance, „„der „W h h»<.ly asseaible'd, it i« satiafeorv to 1 T u ''"" "'"•'' you hare been enabled notwi.h. , ° '''"^'■™ ">at fro- attemptM invasts :„?r„.? r™""' """'"r borate attention to the pnblict, ' '° ^"" ^'••"- ''=1'- "'"abletneasures. "^^ '° '"""^'^'H '» """"« ™»e Tor thettronl'ci^jS''*''^""'-- granted ' year. '"' ^°'"'™""'°' d"""? the present "'"l^^'e Qme^en, „„d Gen,len,en. ,. ■*'*' '» say that there still existi, ,,„ 'he American people, so s.™„g » ^t ;7« " T««- «f free mhabitants of this ptovincereoth ™ "•"" "■» with «arcely an excep.L, everv&'l'"" '"''''■'"°"'' "'"• Lalie Champlain to Lake M 7 "T™"™' arsenal, from "onths been brokln otl 1^^°' '""' "'""» "" '-' '"o .^«-<'ei"va.io.ofI:~J:r^-2-^-sh arms 392 ■rt' •> imprisonment of the person who is notoriously the insti- gator of these acts. The wrong which citizens of the neighbouring States have committed, by thus attempting to dictate to the inhabitants of Upper Canada the form of government under which ihey are henceforward to exist, will, as the assertion of a new theory, be condemned by the civihzed world as severely as in practice it has b^en repudiated by the people of this province. .^". " What right, it will be calmly asked, have the inhabitants of one country, armed with the artillery and weapons of their Government, to interfere with the political institutions of another ? What excuse, it will be gravely considered, had citizens of the United States for invading the territory of Upper Canada ? " When ouf coloured population were informed that Ame- .-ripan citizens, sympathising with their sufferings, had taken violent possession of Navy Island, for the double object of liberating them from the domination of British rule, and of imparting to them the blessings of republican institutions,, based upon the principle that all ipen are born equal, did Our coloured brethren hail theif^ approach? No! on the contrary, they hastened as volunteers in waggon-loads to the Niagara frontier to beg from me permission that, in the intended attack upon Navy Island, they might be permitted to form the forlorn hope-- in short they supplicated that they might be allowed to be foremost to defend the glorious institutions of Great Britain. When the mild aborigines of this continent, who live among us uninjured and respected, we»B informed that citizens of the United States, disregarding the wampum- belt, which was sacredly connecting them with Great Bri- tain, had invadetl our shores to sympathise with the suffer- ings of the red tenants of the forest, and to offer them American friendship instead of the enmity of British rule did our Indian brethren hail their approach? No, their chiefs and warriors instantly painted their faces for battle and. with rifles in their hands, these free-born defenders of their virgm soil appeared before me with a solitary request namely, that, in case of their death, their wives and children ; • might be pensioned. The Six Nations Indians, the Missisa- guas, the Chippewas, the Hurons, and the Ottawas, spon- taneously competed with" each other in a determination to die, if necessary, in defending the British Government, under whose parental protection they and their fathers had been born. £s When the Canadian farmers and yeomfeii of British origm were informed that citizens of the United States sympathising with their sufferings, had in three instances taken forcible possession of her Majesty's territory, for the purpose of liberating them from British domination,— that, with this object in view, the American leaders had issued proclamations, promising to each liberator three hundred acres of the best lands of Upper Canada, with one hundred dollars in silver,_that the American self-styled General in command of the liberators had called upon the citizens of Upper Canada « to free their land from tyranny"— " to " rally round the standard of liberty"-" to lay down their '^ amj"— in which case, it was beneficently promised to them that " their persons arid property should be protected," and that if they would " cease resistance, all would be well with them,"— did the Canadian inhabitants hail their approach ? No, on the contrary, their brave and loyal militia, although totally deprived of the assistance of her Majesty's regular troops, rose simultaneously, and, regardless of every private 394 consideration, wherever the invaders appeared, thousands of bayonets were seen bristling omour shore, ready to re- ceive them. On the eastern, as well as on the western frontier, but one feeling prevailed,--it was a noble determi- nation on the part of free men to conquer or die in defence of their religion— their constitution— their character— their families^and their farms; yet, notwithstanding their ex- cited feelings, when the American citizens, who, from an armed schooner, had cruelly battered the town of Amherst- burg, fell into the hands of t^e brave militia of the Western District (in which not a single rebel had been in arms), did these prisoners fall victims to popular fury, or were they even insjilted? No; the instant our invaders surrendered to British power, they experienced %at mercy which adorns the British name,— their wounds were healed at our lios- pitals,— and, from the western extremity of Upper Canada, they were conducted unharmed through the province, safe' under the protecting aegis of our laws ! When a band of rebels, defeated in their cruel object to reduce this capital to ashes in the depth of a Canadian winter, were, after the conflict at Gallows Hill, brought to me as prisoners on the field— was any distinction made be- tween American-born and our other Canadian subjects ? No, all were released. Before the assembled, militia of Upper Canada all were equally pardoned; and though many of our brave men, smarting under feelings natural at the mo- ment, evidently disapproved of the decision, yet all bowed in obedience to the administrator of the laws, and, under the noble influence of Monarchical Government, they allowed their assailants to pass uninjured through their ranks. When the gallant inhabitants of the provinces of New 395 B™„,mck and Nova Scotia received ini.lligenee fta, Ame- nca,^ ctoo, had commenced an attempt to free the Brity. Nrth Am .„ Colonic, : fr^ tKe tyranny of BhIk mfe, idtheyrejoioe at the event? No; a burst of loy. alty refunded through their land,, and a general desire to assist us was evinced. with l^o ^T"' T ™"''' " ''°"°?' "'V province, w.th noy^hon on the continent of America but its cha- racter it, .B^ustry, and the agricultural difficulties it has to ^ntend .i^h_i^ a,i„, ,„,„^„„„ ^ ,,^ Government- he ' bravery ,t has shown in its dofence-and the mercy it has extended ,0 .t, captured assailants, ought to be sufficient Z make .t, aggr«,„rs ashamed of their late attempt to force upon the.r ncghbours institutions which they con^i/ntiously Upper TT ' "':"'• *"' ""'■' " -^ ^■■'-''V "-at !,d^l,?!r ' '" '""«'"' P"'"™ "f ">« Brilish^empire, and that the two countries aro at this moment bound toget ther by a solemn treaty of peace, the faithless attack of citi- ^en, of the United States upon the province, after it hid completely quelled a slight domestic insurrection, wiU if pemsted ,„ excite feelings among the generous nation; of Europe, wh,ch w.ll add but little to the character of repub- l.canmst,t„,i„„,; for surely the smile of a nation should not be more dreaded than its frown, or its extended hand be more fetal than iu upUfted arm. When the facts just stated a« clearly comprehended by mte hgent men how will the American citizens^bo have so exp^am tha t^e provmce of Upper Canada ™,„ired them to mtorfere m its concerns ? There are two facta which the American nation have not power to deny. 396 . 400 and took possession of Fighting Island, a long slip of land situated bet\veen Sandwich and Amherstburg. I beg leave to call your Excellency's particular attention to the two circumstances remarked upon by Colonel Maitland, namiely, that the arms which our gallant men captured from the perfidious in- vaders of our soil were new United States muskets, and that, when these ruffians were forcibly driven from our island, instead of being captured by the ^American authorities, they were allowed to form in line on the American shore, from whence they opened a fire upon her Majesty's troops. It only remains for me to apprize your Excellency that I have been informed, from undoubted authority, that, with scarcely an exception, every one of the United State arsenals, from Lake Champlam to Lake Michigan, have been broken open for the pur- pose of enabling American citizens to invade us ; and it is an act of atrocity unrecorded in the history of civilized nations, that Van Rensellaer and M'Ken- zie, who have instigated their followers to these acts, remain to this moment at liberty. His Excellency \ have, &c. Henry S. Fox, Esq. F. B. Head. ' Upper Canada, Toronto, March 6th, 1838. My Lord, I have the honour to transmit to your Lordship copies of two messages which I have addressed to 401 «team.bo»t 2„/ '''=^«™«"o» of the Caroline been ^IS^ ,; ^Tf'f:"^ >'""* Has v-'^ -v^ The Lord Gknelg. I have, &c. F- B. Head. Sir, Government H^se, Toro^,to, March m, 1838. your fiSe7 '"T P^"^"" *^^* ^ ^---t ta Besides the documents, I be^ von tvlli i -.u^rptctrrt— "1-7 ■»ker Majestye North American cT \^^' -ys been so eo..pieuo. forLn;^?":: t^ t noble attachiiM»nf fn *i,^ • • , ^ ^' ^ "** ^ts Cons,ituti» " '•"""P'*^ «f «'e British I have &c. ^^^ *fohn Harvey, K,C.B. 2d 402 Government House, Toronto, MafchSth, 1838 Sir, . I, request that yojir Excellency will do me the favour to trtfnsmit to the Legislative Council of Nova Scotia my thanks for the honour it has confeiTed upon me by its resolutions dated SQth.Jilnuary last, conveyed to me in your Excellency's obliging com- munication of the 6th of February. It gives me very great pleasure to be enabled fur- ther to request your Excelleacy to transmit to the legislative Council of Nova Scotia the accompaayiiig resolutions from the Legislative Council and fife^, of Assembly of this province. I have, &c. F. B. Head Major-General Sir Colin CanHphell, 8^c. No. 28. Upper Canada, ^Toronto, Qth March, 1838. My Lord, 1 have the honour to transmit to your Lordship a copy of an address which was read to me this day, while seated on the Thijone, by the Speaker of the House of Assembly. I have, &c. F. B. Head. ' The Lord Glenelg. May I We, M. *^® ^^^ \t^ Soverei ' . enable ] of this J tTpon comniun ExcelJen present fi the count by your W'Sich hai When have take Iwrders, w tinguished tain the he that short 1 gratulation, of perfidioi Repelled, ai .^nds of y ^l^at th^ pro Excellency under Divin tionofthisi V ; ' 405 ^"Plff'f'e Speaier'. ^ddreu ' Sovereign Lady thfo , "' '""'* S™'"^' «» our present session, we cannot .,,''""'''}' ''•'"''« the 'ie country unj„ thefi" . '""g'"*"'"'* you and V your ^i ; rr r'''^''r''« --«• 'avT tLr ;a r jr ^ 7- -~ .h^ "H-ders, .ithinfewir ""''''' "'"' "'^'' ''» «"."ished part tatn^ trE;:?, •""" *"" "- tain the honour and inJSlf'""^ '» ■»"«- «"" «Wt but eventful S IT;""""' """»« «™tuIation. Rebelh-on h.7 "^ ">"*' "=«•"« of »f perfidious ciSl:Af^" "-'■«''.«''» attacks "Polled, and pair .InT^" "'"''' '«^'= b"*" ..:^nds of your Cell e3 """'•'''''"' '^'"'in the ^«t .h. p.^visio:rof r;Lxr ""'■ ^^^ '™«' 2d2 7. ■ I ■ r |i ■ ■ I - I| '3'I 404 the aggressibn of all enenii^s, whether foreign or domestic, ^ From tlie message of your Excellency, transmitted to both Houses of the Legislature, we have too much reason to believe- that the present will be the last time we fever shall have the honour of meeting your Excellency on an occasion like the present. In the name of the people of this province, I oflFer to your Excellency the expression of their deep regret that your Excellency should have felt constrained to . tender to her Majesty your resignation of the go- vernment of this province, which your Excellency has administered with so much credit to yourself and advantage to the country. The people of Upper Canada will ever retain a grateful recollection of the services of your Excel- lency ; and they feel assured your Excellency will meet with a due reward at the hands of our youthful and beloved Queen. It now only rerpains for me to present ta your Excellency, for the royal assent, the Bill to provide for the civil government of this province for the current year. No. 33. - Toronto, Uth March, 1838. My Lord, I have the honour to transmit to your Lordship a copy of a despatch from Colonel the Honourable John -r 405 . ' Maitland. comniandiriff the fam. • . district, detailing the Jit « '" ."" '''''''' marched against all; f™* ">«""^r in which he 7^0 had taT:;:s^^^^^^^^^^^ , I'ey had invaded. , '^ '''•"<•• '"hich Your Lordship „iJl perceive' that tim A.„ ■ force retreated as soon „. I j '"""'« American the island which ^ , """"'•'""'' '™^«™ng -as po^ibletr'll r "^ '" ^' '""'''"' """ " «g'.t.fac6uDLf "'"" *''*'»• "'"y came in s "' a couple of companies of the q-2„,i p • '» .^' J^ii^ o*' V. 406 Had they there rallied behind the trees, it would have been impossible for so small a party of metn to have dislodged them ; however, they continued to retreat, and were completely driven from our island. If your Lordship will be so good as to compare the date of this action with the attacks that were made about the same day upon the province at Hickery Island, near Kingston, and at Pantalbino, opplosite Buffalo, you will perceive that a simultaneous effort was made to gain possession of Upper Canada. In all quarters it has been repulsed, and I am happy to say that in no instance have our faithless allies dared to attack the main land, their attempts at con- quest having only been directed upon our ow^ islands. I have eyeiy reason to believe that this is the last effort which will be made; and I have no doubt that its expected success has been the reason why the Federal Government at Washington have so unaccountably delayed to legislate on the subject of these unprincipled aggressions. Seeing that they can make no impression upon us, X fully expect they will now adopt measures which they should not have delayed. I hear from every quarter that the excitement, or sympathyrin the United States is rapidly subsiding. In the attack at Point Pel6 Island, the Ameri- cans not only lost their commanding officer, but, the following day. General Sutherland, the author of the proclamations alluded tQ in my speech on pro- ♦■ >••- r*:- 407 rogulng the Legislature, was, with hi, «!H a Captain Spencer tak^n • '^^d-de-camp, J they .L tlSl^^^^^^^ r'; ^- %s "nderaguardonlyofLS'j^^'^^^^^ I immediately ordered Mr. Sutherland to be frJo^ by a court-martial, before which ]J ^ arraigned. ^' ^'^ ^*« yesterday In the course of last nJ<,v.f k ve»s in each a™ andt eSIp^S *" "'"'' ' ing he was found nearly ZlJ *" """"- Mood; in canseiZt SMT" *!: '"" "' has adjourned until Saturday ■ ~'"'-"'""''' I have, &c. Sir George rXfbn/!^''"' '"" "="«'""'' "^ ' . , .° ■^^''""r, out 1 have not vet hpm-r? «f i • arrival at New Yort in a .i r.^ ^ ®' ^"^ Copy of the Confession of the American General Su.h ;;^-deafe.„,n„.,«reaoa«e™:'f*': -. hi- N ll 408 that I liad with the prisoner Thomas Jefferson Sutherland on the 13th instant, which related to the United States Go- vernment, I have the honour to transmit, for your Excel- lency's information, the following statement, which, as nearly as I can recollect, is correct. While visiting the prisoner, on the evening of the 13th, with the officers of the guard, I was requested hy Suther- land to sit a short time and converse with him. Having ascertained that I did not belong to the militia, or was con- nected with the court-martiai then sitting for his trial, he entered freely into conversation, but chiefly on the politics of the country, and stated his own views, and, as he said, those of his Government, for the line of conduct lately pursued by them He said it was the aim of the United States to become a great naval nation ; that they could not be a military one, as a standing army of any force was not compatible with their institutions, and, instead of supporting the Government, would be first to cause its overthrow ; therefore their atten- tion was directed to their navy, and their means of increas- ingit: the greatest obstacle they had to contend against was the possession by Great Britain of the Canadas, from which she could, at any moment, throw a large body of troops into their territory. It was their determinatum, at all hazards, to obtain the Canadas as they had Texas, and then they would have the sea-board from the Gulf of Flo- rida to the Northern Ocean. I asked him, when he said "they," did he meaifthe people of the United States, or the Government? His an- swer was, that the people of the States were the Government, and the will of the people wa(4he law, hy which their rulers must abide; that in the acts of the Americans in favour of , ' 409 4e insoirection in this province a„,I :„ .u r. the resident and General sLi. ," „ . . P™'-»««» of and arm the Patriots the r "^ ''°™ ""» ""'""gs PHe% for it was T^, t^"ZTl "'' '^'^ "'"■ ""■ ««' "on. of a,e ar.enaU LiLtonV"" 'f"^ doors were opened anA .« V -^ ^ '*'''"*' *«< Me ^ Thi. is J, ™»eX:;« foo 'r-^ -«^-" Excellency to be acquaimrf !?. T^' """"''^ '<'■• y»« mth your appeal, ""' ""'' "•"'""K » "ay meet : I have the honour to he, with g^atresfect, '» ^- r' °'^''"" >•■"»«= servant. Certified to be correct, ''"'"'•"'"'-Adjutant, 24th Reg.. GEOBOEj,D,Mm„_ Assistant-Surgeon. 24th Regt (CilyofTorontotowi,.)'! "d «™. in all its particula^, "' """'"■'»' » J"" S-orn before „e, this 23ri'£^, , J""" «™- t^KORGE GoKNET, Aid. and J. p. ^ * • No. 38. My Lord, ^'^'''''^' ^'^*^ March. 1838. * * "»yg reit It necessary to agj- ; ^B . . 410 tate the public mind more than was congenial to my habits, or perhaps, more correctly speaking, to the station I hold. It is not my desire to defend ihe irregularity, which I am sensible can only be excused by its success ; but, inasmuch as the animosity which I have purposely endeavoured to create in Upper Canada against re- publican institutions may be considered by her Ma- jesty's Government to atnount to an expression of opinion on my part in favour of actual hostility against the United States, I am anxious, before I leave the province, to explain to your Lordship that I am very far from desiring to recommend any such measure. Although it has been absolutely necessary that by a species of agitation I should rally around me the loyal and brave militia of this province, yet I can as- sure your Lordship I have done so merely on the defensive principle, and that nothing has been further from my intention than to do anything offensive to the Americans or their Government. To all those in authority under me I have strongly recommended this course of procedure, and I enclose to your Lordship a private letter (A) which I some time ago addressed to the Governor of the neighbour- ing State of New York, which will, I believe, satisfy yoi^r Lordship of the desire I evinced to co-operate with the American authorities in maintaining our treaty inviolate. hi V 411 r I h.™ not time, nor would it be perhaps proper that I should now detail to her Majesty's Govl ment the many reasons which, in „y hUle opiZ exist agamst our declaring war with the United S '""'" 7"-^ - England, should it be desired, I would do so; and it would certainly give me very great satisfaction to be enabled to conWbute towards an „b ect of so much importance to human ty m general, and to the British «„,pire i„ particular ^ I have, &c. r^^ Urd Gienelg, Sfo, ^' ^' ^^^^- (CPPY). (Letter referred to. A) ^ m.E.ceUency W. L. Marcy, E.q.,G<.emor oftKe StaU ^ < , 20^^ i^/ar^A, 1838. I have the honour to enclose to your LordsUn * presented to me ,n consequence of my re.L»,i™. „f the government of this province, ""'S"**'™" »' your whi!: «""*"""'"• " "- '»-«"y do evervtl.fn^ • PP"'"*^"*' * «* once determined to .heHicy«fherMaJestys'^L:V^'"'" <» forget for a moment that Jwan 1^ "* frontier that could only be leUeTr '"'"°'"' ■ •nd high feelings. "^ "^ "'^ """""""y WU'''""""""""'™™""" "• "■« Mayor of •»re yourLordabp that, whepever I had an oppoHu- i -'1 / 416^ nity, I did all in my power to allay the slight ex- citement which at first appeared to prevail. As soon as some addresses reached me, I deter- mined that I would return but one and the same short answer to them all, and, accordingly, I gave to the Constitutional Society of Quebec, and to various other public bodies, the identical reply which I had given to the blacks and Indians. I have just declined to accept a public dinner in my way through Montreal ; I shall do the same to a similar invitation which I see is in preparation at Quebec ; and if, on my arrival in that city, I should find it unsafe for me even to go by the Kennebec road to New York, and should consequently proceed to England by Halifax, in travelling through the pro- vinces of New Brunswick and Nova Scotia I shall pursue a similar course. As Sir George Arthur has, I am informed, already reached Montreal, his arrival here is hourly expected. I therefore take this opportunity, which may possi- bly be my last official despatch from this Government, to assure your Lordship that, in the opposition I have offered to the commands of her Majesty's Government, and in the Unreserved expression of my opinions, I have solely been guided by a sense of public duty, in defence of which I have nothing further to say; I hope, however, I shall not in vain request your Lord- ship to feel assured that it was never my intention to be disrespectful to your Lordship. If anything ii./.__ \ \.' 417 I have written bears tliat construction I . , unequivocally to apologise for r ^^ ^'''' I have the honour to Ije. &c ' The Lord Glenel^, Sfc, ^' ^' ^^^^• l^ ff- \ /r irr S^^^Jid 3^1> tJ^J> I 418 ■ir A CHiVPTER XII. Arrival in London— Intervi«(w with the Secretftiy of StatC'— Letter to Lord Melbourne — Correspondence with the Colonial Office. On my arrival in London, I ^solicited an interview, in Downing-street, with Her Majesty's Secretai-y of State for the Colonies, for the purpose of urging the claii^ upon Her Majesty's Government of Colonel FitzgibbOTs who had (commanded the attack of the rebels on Gallows Hill — of Captain Drew, who liad commanded the, successful attack of the Caroline — of Lieutenant M'Cormack, who had been wounded, and disabled there — and of the widow of Colonel Moodie, who had been cruelly murdered as he was gallantly bringing me intelligence of the approach of the rebels. Having performed these duties of public gratitude for public services, I calmly complained to his Lordship of the want of due support from Her Ma- jesty's Government on the most important occasions. What were my feelings on this and other similar sub- jects will, howjfever, best be explained by a letter which I subsequently addressed to Lord Melbourne ; but be- fore I come to that, I feel bound in justice to the Goverhmeift to mention an otherwise insignificant matter — namely, the pecuniary loss occasioned to me '419 aKSv J "^r^'-^'y^^^ that out or,be *e appointn.«„ri -^ '"'""""™». ""d that oulied * °^ "^ "d-de-cmp had been an- haf^w^h'lt^ctTL"'" ''^ *'''J<'^'^'' «»~t of my xpete^rrtL"^*""^ '^•""'' ■"" "'« "hole w^;z:sr'r*' ^ '-'-«" (-the f„,. g letter will show) been q„ite^ f^^^^^ To Lord Meliourm. Mv Lord, ^''■^^- ^"""°*' «^«.18, 1838. -.ve^o„,ou.w.Mp;p:i::-:i7 My Lord, without recipitulating Sn detail thl v„ U' «: S"1 "".«f--t«™g the Governor. "rSnthr '• 'f'"'™'^ observe,, hat on my revolt arid ... ^ ^'^*'' ^*^» "■' *">« «»e of a -k*g^« r^.f"' "^'"^ ^"*^ ^'^^^ wngtheir mfluenceto e^tenmnatefom the eontwen^ ' y 420 .»* of America Monarchical institutions, but I found my- self exposed to and opposed by a Republican House of\ Assembly, headed by Mr.. Speaker Bidwell, generally looked upon as the bitter enemy of Monarchy, the untiring advocate of Republican in- stitutions, and the avowed friend as well as corre- spondent of the traitor Papineau, the Speaker of the House of Assembly in the Lower Province. Previous to my arrivaUn Upper Canada, Mr. Bid- well, and the overwhelming majority who supported hini,"had determine to refuse to meet again in session liiitil their revolutionary demands had been acceded Xo ; and there can be no doubt if Mr. Bidwell had done this, and, without giving any reason, had merely followed the example of Mr. Papineau^nd the House of Assembly in the Lower Province, that the British Government, embarrassed by this double revolt, and by the simultaneous demands of the President of the United States respecting the State of Maine, would ve found it almost impossible (even if they \m\ ed it) to have persuaded the English House of Commons to have supported them in the expense of resisting what would have been vulgarly termed the unanimous desire of the North American Colonies for Republican' institutions : in short, tlie Canadas would have teen surrendered by us ; and if the trans- atlantic barrier of the British Empire had been thus broken, the torrent of democracy suddenly rushing upon the mother-country might almost have over- '■y ■ . 421 -^ turned our institutions at home. Fortunatdv l,„. through the form of meeting me in Provineial p5 Sse?r Tk*" "*'*'"?' ""^ " ^"^ »f violent Presses not only parned the attacks made upon me 1 b'rlir' "'t""^ "'-uponmyalL:^^: •vno becommg angryTn proportion as they saw them -Ives publicly discomfited, prevailed u,^n"^" ".mphce Dr. Rolph, a member of n^ E.ZZl Councl, to require me to surrender to the said (^^.n t e responsibility, power, and palnags Tm Zl the constitutional attributes of my sta/on. Until this demand was made I had, apparentlv^ ^n gr^ually retreating before Mr. BidweCd tl'' House of Assembly, but no sooner did I perceive tW % aupportmg this unjust demand of Dr^ljo^; Z W rashly encamped themselves with him Zlnl lK.sn.on from which I felt myself competent to"^!: them, than I determined on attaekins them and cordingly. throwing off all di^guii?! M^r demand, dissolved the Par,ii.ent Z^^^Z my-lf. on the continent of America, ,o be the u^ eompromismg supporter of our Monarchy, and the open opponent of democratic institutions, I ^2 422 myself upon the people of Upper Canada, and appeal- ing to their loyalty and good sense, I commenced a moral agitation which drew upon Upper XJanada the almost breathless attention not only of the whole of our North American Colonies, but of the Govern- ment and people of the United States. The excitement attendant upon a general election afforded me opportunities of , addressing the back- woodsmen of the remotest regions of the province, in plain language, which, though deservedly open to diplomatic criticism, nevertheless circulated in all directions. My writings, faulty as they were, im- parting to these' honest freeholders truths of which they had been k6pt ignorant, not only dispelled, the delusions which had been practised upon them, but made them one after another turn with indignation upon their betrayers. During three months I maintained this conflict with the enemies of tfie British constitution, during which time Her Majesty's Government (probably believing that I should Bjpt be successful) deemed it politic to leave me unassisted to struggle with the storm. The crisis at last arrived, and when the (Sections were terminated the result proved, that in- experienced as I was in diplomatic controversies, I had not falsely estimated the power and majesty of a just cause. My antagonist, Mr. Bidwell, was not only driven from the chair, but he was discarded even from the 423 ^»«*.^f Assembly; i„ f«„, h, ,„,, „^ ^, Mr. M Kenzie, as well as all the leading republiZ members, also lost ««> elections. Dr.Rlhlr »d.ous machinations were totally discomfited '1, he" important result of the contest was the mon.1 trTumlh on the continent of America of monarchical 2 ^-; indeed, so decided^he opinion of ten w ot the Honse of AssJi^as, to express, in the letter addressed by Mr. Papinean to Mr. Bidwell »;luch that gentleman, as his kst act, had at m ": n ght on the last night of the session, manag J the effect of mere momentary excitement; on the contrary, ,t was suddenly and unexpectedly tested by United States, as well as in Lower Canada, Nova Scotia, and New Brunswick. Upon principl s irr^ eoncleable with British commercial integrity X whj of these institutions, though they h'ad s'pe^^ n their coffers, stopped paymen^. The banks of Upper Canada alone performed their engagemenfa to 4e public creditor by honestly liquidating wL'S l»d promised to pay „„ demand The .dium and npopularity unavoidably atu^ndan. upon their 2- fo™«.ceofthis duty fell (I believe unjustly) ^JTo^^ 'f"' I 424 , wholly upon me. NeverthelesB, the dificomfitui'e of the Republicans was so complete that, in spite of the temporary unpopularity to which I have, alluded, and to which I was subjected for nearly a year, I was en- abled, when Mr. Papineau's insurrection in Lower Canada broke out, to grant to Lord Gosford and to Sir John Colborne the timely Assistance of Her Ma- jesty's troops from the Upper Province ; and more- over, when the writings of Mr. M'Kenzie and Mr. Bid well, and the traitorous conduct of Dr.rRolph, caused a sympathetic: insurrection to break out in Upper Canada, I ag^nh, in a moment of unexampled difficulty, emphatically appealed to the good sense and good feelings of the people, and assuming the attitude which I humbly believed to be best suited to the occasion, with folded arms I publicly waited the result.^^ Her Majesty's Government observing the danger by which I was evidently surrounded, deemed it again politic to leave me to my fate; indeed,- in the Im.perial Parliament it was more than hinted that I was over chivalrous — that my writings (my only means ; of defence) were epigrammatic, and that the attitude I had publicly assumed was the c^ffect of a distem- pered rather than of a serene mind. However, a just cause again triumphed— the people of Upper Canada again most nobly responded to my call, and while people in England were accusing me of rashness, the Caandian militia not only promptly suppressed 425 do^nestic insurrectio., but i„ every direction success, fully repulsed the people of the United States, who apparently encouraged by Jheir Government, at-' tempted to ruslfiii upon and take possessiorm)f the Ganadas. Lastly, Dr. Rolph, Air. M'KeIzS, and the wRole of the l^ers of the insurrection, absconded from the province; Mr. Bidw^JI also prudently re- tir^ into the United States, where he was received with open arms, and contrary to precedent, rule, and I believe, law, he wa^ raised, permltum, to be advo- cate and attorney of the American bar. My Lord, during the two years in which, a^ m in- experienced man, I was engaged in the arduous struggle which I have ju^t imperfectly described. Her Majesty's Government not only cautiously abstained from the danger of taking any share in the difficulties I had to contend with— they not only abstained from giving me adequate support, but pursuing a policy as inexplicable to me as it was to the Provincial Parlia. Bient, and to every man, |y whom I was supported— they seemed determined to pull down my authority, and to restoie to power those whom, in a mdral and almost a bloodless contest, I had defeated. For instance, while I was publicly engaged in pre- sence of the whole people of the North American Colonies, in strugglir^g against the demands of Dr. Rolph, and his bosom-friend. Mr. Speaker Bidwell. I* received from Downing-streetinthnationthatitmiglit be advisable to raise the former of these individuals to --1 • /•■ •if .V. ilp" .**n" 426 - « a pli^e of high ||onsequence, and to elevate the latter to the bench ; and as if this were not sufficient to dishearten those who surrounded me, I was, wnhout being oifered the power of justifying myself, peremp- torily ordered to replace on the bench Judge Ridout, who by the unanimous advice of my Council (the sis- ter of one of whom was married to his. brother), I had dismissed, because he coptinued openly to attend and harangue the notorious Central Committee,*because he had himself read to me an insulting address, and because he had violated all political decency by pub- licly declaring that I, the Lieutenant-Governor of Upper Canada, deserved to be " tarred and feathered," and that he, Judge Ridout, " would lend a hand to do so." My Lord, my correspondence with Her Majesty's Government, on these topics,' teem with facts and incontrovertible evidence, showing the violent political conduct during the whole of their lives, of Mr. Bidwell, and of Mr. Ridout, who were considered by my executive council, (whom I repeatedly consulted,) by the Chief Justice, by the Attorney and Solicitor- General, and by the bar, as unfit subjects, on account of the violence of their politics, for the honours pro- posed to be bestowed upon them by Her Majesty's Government. To these earnest remonstrances on my part, and though the Province was upon the eve of a rebelUoni Her Majesty's Government deemed it politic to re^y ♦. 427 by desiring me; at the next vacancy, ii elevate Mr. Bidwell to the bench, and the Governinent persisted moreover, in withholding its approbation of my dis-' missal of Mr. Ridout! ? , My Lord, I belonged to no political party in England; I had propounded on the continent of America no political' doctrines except; as I have already confessed, unalterable attachment to monarch- ical institutions, and uncompromising opposition to democracy. I had given Her Majesty's Government no Just cause for offence, and having, unfortunately at their repeated solicitations, given up my perma- nent situation (I was the senior of the twenty assis- tant-commissioners) in the Poor Law Commission where, at least, I was serving to the satisfaction of my employers, I had, so far as the private intei-ests of my family were cpncerned, made myself so completely dependent u^on my station and salary of Lieutenant- Governor of Upper Canada, the outfit for which had been very expensive, that I had every reason to" desire to retain this appointment, and no reason whatever to quarrel with Her Majesty's Govei-nment • nevertheless, as soon as I found that Her Majesty's ' Government were really the open supporters against me, of such men as Mr. Bidwell and Mr. Ridout without the slightest feeling, either of petulance or. anger, and, I hope, without the expression of a single - sentiment of disrespect, I begged leave to retire from a most dangerous station, which, without the ! ' ^untenam^ t#niy employers, T had noTtfieaK 428 to maintain ; in fact, Her Majesty's Government ac- tually drove me from the field, and it is a singular fact, which your Lordship is aware is recorded in my despatches, that only six days after Ae Government despatch, which announced to Ine that my resigna- tion was accepted^ had left Downing Street, Dr. Rolph, one of the individuals necommended for eleva- tion by the Colonial Office, actually arranged as the President of the Republican Provincial Government of Upper Canada, his murderous attack upon Toroiito; which was attempted t^jhe carried into eflFect by Mr. M'Kenzie, upon whose flag, (the. emblem of arson and robbery) when it fell into the hands of the loyal Militia of , Upper Canada, was found inscribed in large letters — " BiDWELL, and the Glorious Minority ; 1837, and a good beginning!" As soon as my retirement from the Government of Upper Canada was made known to the Provincial legislature, (upon \yhose addresses I declined to give copies of the correspondence with Her Majesty's Government, which led to my resignation,) I received from bptli branches addresses, containing expressions loo complimentary for m^ to transcribe. Not only from almost every town and district in Upper Canada, I received addresses of a similar nature, but the Legislatures, as well as people of Lower Canada, New Brunswick, and Nova Scotia, forwarded to me the most gratifying addresses, and, "^^^ 4^9 as soon as it became known, that in order to avoid the personal danger which awaited me in the United States, I had taken measures for embarking at Hali- |HX, preparations Mrere immediately made in Lower Canada, as weJl as in New BfunsWick, and Nova Scptia. for receiving me in these Provinces with pub- lie honours. I need not say, that under the. peculiar circum- stances attendant upon my retirement, from the. loyal people of Upper Canada, it would have been not only highly gratifying but of essential service to me to have accepted from the whole of our North Ammcan Colohies (who, as by-standers, had been eye-witnesses of my conduct) this public testiinony of their support • but I felt It would be 0^1 greater advantage to me to demonstrate tha^ retirement from the service of Her Majesty's Government had proceeded solely from public principle, and that I had no factious desire either to embarrass my successor or the Go- vernment under which I had served. I, accordingly went trough the United States to New York,and your Lordsliip is aware, that instead of this measure being appreciated by Her Majesty's Government, it was by almost every member of it termed, « like my other acts, over-chivalrous, and rash." On my arrival in England I was actuated by the same feelings, and, though the merchants in the City of London, connected with the North American Colonies, insisted, in a manner which I could not decline, on paying me ^ most honourable compli- I ,..!.i.m .^O-- :i . ■ \ \ 430 ment, yet neither to them, nor even to my friends did I divulge the cause of my return, or lay before them copies of the correspondence with Her Majesty's Government, which had led to my resignation. Neither directly nor indirectly did I either say, or write, to any man, one word, which could in any way embarrass Her Majesty's Government, and conscious of the integrity of my own conduct, I should, in my. retirement, have still submitted silently to the wrongs which I conceive I have suflfered, had it not been (as I now propose to show your Lordship, by a document, and by evidence which is unanswerable) that Her Majesty's Government suddenly turned round, and adopted as their own the very arguments, and the identical course of policy, for the pursuance of which they had driven me from the Government of Upper Canada. The document to which I allude, and which re- lates to the dismissal by her Majesty's Goverifhient of the Chief Justice of Newfoundland, is as follows: (copy.) "Atthe Court of Buckingham Palace, the 5th day of July, .1838 ; ; PRESENT, ^ The Queen's Most Excellent Majesty, Lord Chancellor, Lord President, . fLord Steward, Earl of Albemarle, tearl of Minto, Viscount Howick, Lord Holland, Lord Hill, Lord Glenelg, Sir J. Hobhouse, Viscount Palmerston, Mr, Chancellor of Exchequer. 431 MriLTJ*? '"'T ""J"'^ "•«"» *e Memorial, y„„r .Wo " •"'"^ '" '»'«■• «» •" from your L. jesty. Common, of Newfoundland in General HJZ we fcave not. found anythmg lo justify the term, adopted in ItjT ''^""' Memorial .^at your Majesty wo^ldte ple«ed u> purify the bench oj^ustici in Newfound^d b^ h re„ I „f,,,^ chi,f j/.iee; ina^ueh as 7e have not found any g™„„d for imputing to the Chief Just^e a„v corrupt motive or intenti6nal devLon f,& his ^"1 J"dge^nd,wefeel i, i, incumbent upon „'s to expZl r^^T, ""'T'^^ -» conduct Udopted'Zal" the Ch,ef Justice, as being unjust towards him personallv - »d.„copt with the .spect,^d^^ ■ZZ\ ^* u'' ''°"'"""'' ""* "»*" "" ■""'o-'ity of report, nder "' "; ''"*"'' '" """" "^ "■" «™-aotions bZht duct of the Chief Justice, that U has permitted himself so nuch to participate in >he str^J^ngs .hioH^Z theeoU^s. iatthough „. rf„ „,,^„rf tJhisjuLialJ". to Hate that we thmi ,t m,uU be ine^epedientthatheshouU ^^co.t,„ue, in the oJ>ice of Chief Itice of J^Z^:^. •'Her Majesty having taken the saM report into con ZZr; "''P'-«>- "y-d^i* theadviceofthep"; Council, i^ approve thereof, and of what is therein recom- 1 7 432 A' mended, and to order, as it is hereby ordered, that the Right Honourable Lord Glenelg, one of her Majesty's principal Secretaries of State, do signify to Chief Justice Bolton her Majesty's pleasure thereon." (Signed) " C. Greville." By the above document it will appeal*, that al- ^^ost immediately after my resignation was accepted, Her Majesty's Government dismissed the Chief Justice of Newfoundland, an old and faithful servant of the Crown, for the identical* reasons whicli I had given to them in Upper Canada, for having dis- missed M^. Ridout (who was merely t^e Judge of a district court), and for not having elevated the Re- publican ex-speaker Bidwell to the bench. In the case of the Chief Justice of Newfoundland (which was drawn up against him, and signed by Stephen Lushingtdn.f Daniel 0'Connell,J and F. Flenilftg), it appears that the Privy Council reported •^hat they had not found anytjiing to justify the terms adopted in the Memorial of the Assembly of New- foundland — that they had not found any ground for ♦ I mean only identical in principle, for fn the degree there wai ^ no comparison. The Chief Justice of Newfoundland is charged only with having participated in strong psnty feelittge, whereas the par- ties I had dismissed were proved to have used the most insulting language, and to have otherwise violently opposed me. t Since made Judge of the Admiralty; though he would not, I suppose, deny that "he participates in strong party feelings." I To whom— though it will not, I suppose, be denied that " he participates in strong party fe«lin|;s"— -it has been stated, and not contradicted, that her Majesty's Government offered successively two of the highesl-tklations on the Irish Bench." \ . \ Wjfn .433 imputing to the Chief Justice any corrupt n.otive, or mtentional deviation from his duty as. a Judge; they even expressed their disapprobationji^kncuaffe and conduct adopted towards the Cli^^^m, whidi they declared to be uryust towardsf^EMinallv and inconsistent with the respect d^^C hiJh office he was tilling: and yet, in spite of the Chief Justices admitted innocence, and - notwithstanding the declared guilt of his accusers, her Majesty^ Government deliberately ^ffsniissed this public servant mth no other explanation, or no other reason, than 18 contained in the following sentence :— " We re gret, however, to be under the necessity of reporting that we have found, in some of the transactions brought under our consideration, so much of indiscretion in the conduct of the Chief Justice, and that he has permuted himself so much to participate in the strong feelings which appear unfortunately to have influenced the different parties in tie colony (al THOUH WE DO NOT FIND THAT HIS JUDICIAL DECI- SIONS HAVE BEEN AFFECTED THEREBY), that W^ feel It our duty to state that we think it will be inea^.. pedtentthai he should be continued in the office of pMef JuKtice of Newfoundland:'* My Lord, against the policy of ft minister, or againsUhe policy of a government, it is, I am aware, mJrcvlfh? '*^*"''^^°°*^«'«''»«on. with a recommendation to ^ercy. but here « an acquutal. with a recommendation to punish- . 2v :»•" ' inauenced the different parties in the colony of New- foundland, and although in that colony there waft not the slightest danger of a revolt, yet we have eonsi- dered the case brought against you before the JPrivy Council, by Stephen LuBhington, Daniel O'Connell, ' and J. Fleming, and as it is our £xed policy that in our North American colonies the bench of Justice »haa be immaculate from and even unsuspected of political bias-T-w^ dismigg you." Your Lordship an* Her Majesty's/^Gdvernment •njoy (as 1 have ah-eady admitted) ifull liberty to pursue one of the above two diametrically opposite courses of policy, and to give no explanation to either owrtplainant, except the Latin sentence I have -_ ' , _ _L_j2_i l 2 „ * 436 (. tin quoted ; but, my Lord^ I very respectfully submit that neither your Lordship, nor Her Majesty's Government, nor the people of England, nor any power on earth ought even io desire to possess the right of pursuing in the North American colonies both of these policies at the same time; I mean of saying that your law is and is not, that it is right and that it is wrong ; in shorty that the Lieutenant-Governor ^f Upper Cana- da, .and the Chief Justice of Newfoundland, shall he equally driven from the service of their sovereign, in brder that the people of the North American colo- nies may learn that a Judge's interference with poli- tical party is no objection whatever, and is an insv^ perable objection to his remaining on the bench. But taking leave of the case of the Chief Justice of Newfoundland, I beg permission to remind your Lordship, that in the able defence of Lord Durham which her Majesty's Government lately made hefoie Parhament, your Lordship in the one House, and Lord John Russell in the other, strenuously maintained the identical doctrines, my support of which induced her Majesty's Government morally speaking to dHve me from the Government of Upper Canada. It was not denied, (on the contrary, it was admitted most frankly by your Lordship as well as by Lord Joim Russell) that Lord Durham had acted illegally, but generously supporting the public servant in the exe- cution of his new and difficult duties, your Lordsliip's whole argument tended to prove that Lord Dur- 437 - l.am'8 m^^mm mre justified b,j the necessity op THE CASE, and so strongly did |,e,- Majesty's Govern, raent mamtain this principle, that your Wdship not only assaded the whole profession of the law. as well as the quibbles by which lawyers maintain the small- . est private right against the public safety, but your Lordship very truly added, " that the noble Earl Durham) would be most seriously Tnjured even by the discussion-that unquestionably his authority wouM be much weakened by it-and that, if would be far better for their Lordships to mW 8«~ address to the crown to recall him at once, than I. weaken and impair his authority; i„ short, that to confer powers on an individual, and not to give him confidence for the exercise of them, was «,lv laying a trap for him. or something like it " , ,l,rl T^.1^ '"''™'''*y' '^Wch eventually passed a through both Houses of the Imperial Parliament ^ was proposed and acceded to, on the principle Urged by the Government, that his Lordship was deservL of protection, because his measures (though illegaH <'»-«J«»tified6ytteneee„itffoftheease Now, if my correspondence with her Majesty's Gove^ment, which led to my resignation, wL to ^ referred to. ,t would at once appear, that the «a«.B. cause, or defence, I offered to her Majesty's Government, for not replacing Judge Ridoui, L for refusing to elevate on the eve of a revolt, the ex speaker Bidwell to th^ bench, was tie nec^J/l- "X"^. A necessijir^ I hanihly submii>. jnfai^ely ^ ^ -t ^ (W /^ 438 heavier than I^iord Durham's nepessity, inasmuch, as his Lordship did not arrive in the Ganadas until the rebels in both Provinces had beep defeated^ — until the American forces bad been successfully re- pulsed in e^ery atten^pt they had made to invade and possess tliemselves of Upper Canada— until Papineau, Bidwell, Rolph, M'Kenzie, and the whole nest of Conspirators who had offered 500/. for mv apprehensi<)!i, bad absconded from the Provinee-- in short, uptil " thp hurly-burly was done, and the battle lost* and won ;" nevertheless, though my ^ necessity was as superior to Lord Durham's, as in rank, statipri, education, and diplomatic expe^'jjence, I waji his Lordship's inferior — and althpugh; after '•" all, there was nothing illegal in my akoiissing a Judge for the very reason for which Jler Majestar's ' Government djsqiissed a chief justice — yet Her 'Alajesty's Government voted for an Act of Parlii ment to indemnify Lord Durham, and publicly re^ versed and disconntenanced n[^y A(Ct, which was^ identical with their own ! Her Majesty's Government have, it (cannot be denied, full power to direct in the North Anieripan Colonies whatever pojicy th ^ff* /.•' 439 't M Her Majesty's Government, I beg leave to state to your Lordship, that I fegl very deeply, it would have been better (to use your Lordship's oivn words) for Her Majesty's Government to have recalled me at once from the government of Upper Canada, than to have weakened, impaired, and undermined my authority, imtil it fell prostrate to the ground-th^ by havmg conferred powers on me, without giving mecgnfidence for the exercise of them. Her Maje^ ty's Government laid a trap for me, from which it was impracticable for me to escape-^hat her Ma- jesty's Government acted, therefore, unjustly towards mf^, m removing me from'a permanent appointment, to one whiph almost immediately thej made it im- possible for^me to maintain ; and lastly, that leaving my own interests and feelings completely out of the question, it h as dhheartming to tltehyal mpuh.' twn of her Majesty's North Amerkm ^Jokmies, as ttts encmraging to their ^epuh1icm'%ppanents, to observe, that t^hile Lord Gosford. (.vho was4bliged by Her Majesty's Government to try the fet^^x- periment of conciliating the republicans,) has been, 1 rejoice to observe, most gradfbusly received and ^ rewarded by his Sovereign, I, who returne^-to Eng- land simultaneously with his Lordsip, have not, by 8 swgle audience, been even honbured by an oppor- tunity of most humbly a«8uri«g Her Majesty of the loyalty of the people of Upper Ganada-^of their devotipnftl attachment to the Britwh throne-of their it:, \ /.■» 4'' m. 4> tutioi id of tneir ~i ;'»*. j%{--- %fi*^ \mthn of tlie British Ci llerablie dete?|ation of th6swrepublicB4|jrte||M^^i ; p h^Ve preatfid jij||breah6i^4yes onlfie 4^(*ii!fc »t;.>*l -granny, undjei^l f)fd, I ^^l|i|^ifli^,that your I^ordship can S||rtv|^|^|pte^ few arguments wMdi ll|| c0«||^pc^^tlMsky^ and wliicl^ asgi|re'"y|^HljoyRdship explains but*^a pait of t^ %^^-wrong%|fhieh t considfer I have received from Hoi* ; Mjyestj^l^overnmeriy but I trust that your Lord- 1 jibijTi V takiilg into consideration how unwilling I "' ' li'ttVevbeen factiously/ to embarrass Her Majesty's*^ ^v«?rnment, and Uow Jialiently I have Avaited for re(!!>e88, will pause' befoi-e you refuse the request ' which I now resnfe^AfuUy maW to your Lordship, wbi(ih is, thi^t youi' Lordship would be pleased to allow me, /^ithef/ before the Privy Coruncil—before ' Jfc^. J\idi/^1 Cj/mmittee tireof-— or before a Com- mittee by jiuch members of the Government as it may le deemifil by it advisable to select, an opportunity ^ conyiiicing your Lordship by their report, tfi Her Majesty's Government has unjustifiably wrong me. If ii' should be re^M to your Lordship th' failed in eubs^antial^^is aJfegation,.your would We the satisfaction of reflecting, t...^ hiftd grated to me the opportunity I hdd deman If, on the other hand, I should succeed in lubst r w 1 441 ^.^^^^ a(^cusation, my opinion of your Lordship > 1K^^ *« ^^^^^^' that your Lordship M-ould vL J#f rather than regret, that a truth which affected . 4h«^diaracter of yqj,r Lordship's administration was no longer concealed from.your knowledge. % . I have the honour to be, v. My Lord, ' Your Lordship's most obedient Humble Servant, Ti, T ''^ ^.. '' ^Signed) F. B. Head. " llie Lord Viscount Melbourne, &c. &c. # -^; In reply to this communication, Lord'Melbourne m a note hxarked " Private," declined to accede to the requests I had made. \ •-"^-^ ^^ %>^-^ V r^ 443 -*=, J CHAPTER XIII. A few Observations on three or four Paragraphs in the " Report on the Affairs of British -North America from th« Earl of Durham, Her Majesty's High Commissioner, &c. &c. &c.,'* (Presented by Her Majesty's coihmand to both Houses of Parliament.) \ ■ ' . It has been streiiuously urged against Lord Dur- ham th^this Lordship, in reporting " on the affairs of British" North Ameriqa," was not justified in assail- ing my by^gone policy and conduct. If his Lord- ship's attention had \by Her Majesty been merely directed to the administration of the government of Lower Csinaida, his public censure on Tmy conduct would certainly, to say the least, have been unnecessary ; but as his Lordship's mission had in view the much higher object of adjusting what is commonly termed the disordered state of our North American pro- vinces, it surely can9