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•

" — *.

BRIE ¥ U E V 1 E W

OF lUAl SlXllO.N (>F Tin: UKfORt

Fiio.\i mis

SELECT COMMI'l'TKF,

OP THE

IlOrSK OF ASSEMBLV OF I ITKH CANADA,

APrOINTED TO

REPORT Oy THE STATE OF THE PROVJXCE,

WHICH ADyjOUTS TO TIH: RIM'OUT

OF THE EARL OF DURHAM.

ItY THE EDITOR OF " THE EXAMLWERr

J'OKO.NHJ:

rRiMi;i> .\J I'm: j:x.\.mim:h omci.,

IH.'IO.

THE RIGHT HONOUR ABLK

THE EARL OF DURHAM, G. C. b.

&c. &c. &c

This vlndicaiion of His Lordship from tho charges brought ag inst liin.
on behalf of the "Family Compact" of Upper Canada, in a Ilcport of a
Select Committee of the House of Assembly, signed by C. A. Hagcrmaii,
Attorney General,— Henry Sherwood, Q. C, eon of Judgo Sherwood, and
nephew of Judge Jones,— W. B. Robinson, brother of Chief Justice Robin-
son and Superintendent of the Welland Canal,— William Chisholm, a post-
master, Collector of Customs & Colonel of MiHtia,— John I'rincc, a Colonel
of Militia and late Commandant on the Western frontier,— J. A. H. Powell,
Sheriff of the Bathurst District during pleasure,— R. Rollo Hunter, a Lieu-
tenant Colonel of Mihtia,— is, on behalf of a grateful and admiring people,

most respectfully inscribed by

His Lordship's most obedient

And very humble ;crvx.Tit,

THE AUTHOR

R E V I E W.

if a
laii,
iiiid

jiiel
,'ell,
ieu-
iple,

The favourable .iianner in which Lord Durham's masforly
Report has been received in all parls ofBrilish America by the
groat majority of the people, and the tnanifcst disinclination
<'vinccd by the organs of the Oligarchical Compact to enter on
nny discussion of the principles of government, the applica-
tion of which to these Ojlonics, his Lordship has su strongly
recommended, have hitherto lendered it unnecessary for the
supporters of those principles lo do more than give expression
fo the general admiration felt by the community. AVc feel
warranted in asserting that no document has ever been |)romu!-
gated in British America that has given such general satisfaction
as this Report. Copious extracts liave been published by ncarlv
all the journals in the Canadas. Thousands of copies have
been distributed iu pamphlet form, and the demand instead of
abating, is greater than ever.

Although public opinion has been tlius clearly manift^stod in
ils favour, the baneful Compact, whose misdeeds have been so
ililly, so ably, and so eloquently exposed, have not yielded lo
the force of trutli. They feci' that if Lord Durham's views
should be carried out by tiie Home Government, tlierc will bo
an end lo their influence and power, and they have accordingly
spared no exertions to damage the political character of IJi.i
Lordship and shake public confidence in his statements.

A select committee of Ib.c House of Assembly was appointed
'' on the State of the Province" at an early period of the late
Session, on the motion of some of the Compact party, consist-
ing with one exception, of members who have voted Vn the jiii.
norihj on all the leading qu(>stions which have come before Par-
liament. The chairman of this committee was Mr. Hagerman,
Attorney General, and one of the principal joints of the Family
Compact, and it is generally understood that the Pvcport, which
has been presented and of which 2000 copies were ordered to
be printed, was drawn out by liim, and although signed by all
the members of the comuatteo, we feel warrantr'd in asserting
that some of those gontlemon are dissatisfi d with considerable
poi-)i(in'5 of it.

In the first page of this IJeport, we find in largo capitals,
'* i;\AM.MorRj.y Annrrr.D," while the dale at the conclusion is
'^Commons flou^^o of Assembly" instead of "Committee
llnom," a piece ol' cliicanerv which if perpetrated by a Refor-
mer would have been the theme, and justly so, of afl the Torv
papers of the Province. We entertain not the slightest doubt
that 9 out of every 10 who read this docmnent, parlicularlv in
England, will suppose that it was adopled /;-/ Ihr IJou^r, insiead
of i)y a Sclec! Co/,invl/ee nominated by "the Compact. The
IIousc of Assembly has not prolited by tiie lesson, taught them
m the case of the (u-ievaiice Repnrt, ihat it is dangerous to or-
4cv a large number of copies of a document to be printed n>:

tvliicii tliey do iiol a|H)i'oVi'. 'I'lit; luuri; lad ul" j.nutiii!-; ii takpu
;i'i a iiiMili of nppru'talioii, and wi- sliall llntl accurJuitly that
thi-i KopMrt will Ix'talu'ri as iljo dclihornfo opinio,!! of ilio IIouj-h
of Assembly of rppci ("aii.\.'.i.

It lias, \vu undcistaiv.l, boon assorted in tlio Houso by one of
ihe monibcr.s of tlio coininiUco, that Iho words '• urianitudiisly
Cidoptod'' and the dato '•('oinnions House of Assonihly*' in-
• toad oi' " Coniiiiilleo Uooin'' womo iiisertod Iji/ inistakc. How
iico errors of this descriplion could be insorted by mistake m
dili! rent, parts of llio doeitniont ; and how l\Ir. Ilagornian who
v,-c luulfM'.stand corrcc/fd llw yjrow'i-.'could avoid seeing them it is
not lor us to deleiniine. \\\) give it us our opinion, and we
vhall Ix! sii[)p<)iled in il by all who nnderst.ind the character of
the meinbeis of tin' I'aniily t\)mpact, that there was ?jo misluLc
about the mailer, f'opios of tlie lleport are already on the
ivay to the leading jonrtmls of ICngiand, and it will be roeeived
;ii^- the unanimous opinion of the JIou.se of Assembly of I'pper
C'oiirida.

The Report of ihe f^dt'ct Conimiltee is divided hito
two parts. The llrst is taken ui) with an account of i,ho various
incursions made into the I'rovim^.' iVom the L nilod Stattjs, lt.\r
whicli the Home (loverninenl is almost ordered to demand sa-
tisfaction from t lie American governmont ; in other wonls Mr.
I'higerman and his friends want to invohe the two countries in
•.V 11', Thi; .second part of the report is that in which the people
of this I'royinco ure more particularly interested, and to that
alone shall our attention b-^ ul present directed. It is in fact, a
ri'\icw of liord Durliam's Mt'[)ort.

It commences by informing us of the disappoirilment felt by
the loyal pojiulation of the I'vovince, i. e. the Compact, at the
uppointnient of Lord Durham, and tlicir further apprehensions
\. liL-nthey heard the names of his Chief Siicrelary and other
nltaches. Finding however that there was no remcfli/, the com-
pact determined to receive his Lordship with confidence, in the
liopo that he would fall into their hands, as his vain or weak
pV'*«l«f-essors had invariably done. We deem it unnecessary to
Hvitioe the censure bestowed ujjon various acts of f,i0rd Dur-
h.iar s adininistralion, particularly his ordinances disposing of
Iti;^ political prisoners, because the aitl/ior of the, Urfiort, anil
the leading memltors of his party ONprcsscd ihnir strpnfrcsl ron-
Jldence ia Lord Durham oflcrnW these acts had been conmiiltcd,
and we are therefore bound to believe that their present disap-
probation is the result of disappointtnent at finding that his
.'..ordship ha.'; escaped their snares and given a faithful account,
of the stale ol' the Province.

.Mr. Hagerman thinks thai the statements f>f TiOrd Durham
."liould be received with caution because his Lordship never re-
':ided in this Province, and paid only a twenty four hours visit
f'l Toronto. Mr, Ilagerman has perliaps forgotten that one ol'
Lord Durham's first acts wa.« to invite communications from all
parties In (he Canndn^;. TJie effect, of Ihi.s wise and statesman-
I'J-.o course was, that his L*?rd^liip received ;fas his R'.por^

Wi.

r.!(jai-ly prove.- ;i Dns^ of valuable! inrormatioa /'/'i-J/i //^';'.V(ji;.s' <</
u/l {/(irlirs, ami as lie had tluj nifuiis jf asccrtiiitiin^ iho cliu-
ird'tcr (»r (jvf'i y individual wlio tid'lir.sscd liiin, I:'j rnii litllo
clianco ol' bring iiniiostHl upon,

'Vho. lirst oxncption wliicli "NJr. IFagorniau lakes to tlio Report
is tlio tlivision ol' parties in this rnninco iiilo three cliissrs. —
I'"ainil_\ ( 'onipaet ( 'anaih'ans, — lloforni (Janadians, — aiul I'rilisli
emigrants. Mr. Jlagernian should liavc recollecied that tht;
ve.porL divides ih.y Uritish |)arty into two classes, 'I'ory and Li-
beral. This is an important poinl, as a few months will prove
to Air. Hagernian's entire; dissaJislaclion.

In reviewing that pari of the foport wliieli treats of the par-
ties, Mr. Ilai^erninn most diHingeniunisIy asserts that Lord Dur-
ham desired the; J-'an^ly (.'ompact party to be put down to malic
way for the llefe-rn; party. This isiintnie. Lord [Jnrham has
not advocated ihe' pnttinif down of any party ; ho //rrv assert rd
the prineipio that the mnj(jrily ishonid induence the govennneiK,
a principle wlueh Mr. IJagevnian knows I'ldl well is strictly
Hritish and constitutional.

Mr. f fagerman says " it is somcwhnt singular to lin<l k re-
presented tliat til' Ilei'ormers of the Province compJaiJi of the
existence or inniionce of a Family Compact comp<i*je<d of per-
sons who are re[)resented to bo of the same origin with them-
selv(,'s.'' This may indeed be singular in Mr.dagerman's opinion
hut it required his vnparullelrd asfiurancc to deny a fact whicli
is assorted by live out of seven Journals in fiie city of Toronto
and by almost the entire press in other parts of the I'rovinc(\
I'ut, says Afr. nagerman, " the diiferenccs wliich have existeti
in the Province h-i.ve pvoceoded from political disagreements that
have nnhap[)ily grown op in tlus as in every other community."
Does the "JJepiv.!*' d(;ny this obvious truth ? Most certaudy not.
it point:; out cleaily thai the compact party was devoteti to the
njaintenance (d' ihc l'^[)isconal Church, tlitit the niaj()riity of the
(M!Ople was against them, and that the lleformer.s found that
success at tlie eleclions insured then) lit'tle practical benefit, be-
cause the oOicial party not being removed when in the minority
continued to inHu'iice the policy of the ('Jovernmeut.

Mr. ilagerman will not lind many persons to agree witjj him
in the opuiion thai f.oid Durham bans designatetl "the great
body of 41k; peojde of the country as a coaioHCt," We are
p )'::iiively ama>;ed at the impudeit barefaced assertion in defiance
of [jublic opinion Lind of truth that the notorious "compact"'
lius any piotension to represent "the great body of the pco|)Ie."
Surely people will ask themselves this obvious question. L'
the " (-'ompact" repreS'Pnt the great body of the peo[)le why
are they afraid of responsible governmeni ?

'J'lie next porliiin of Mr. Ilagerman's report is a denial of
the truth of fjord Durham's assertion that there is a British party
jealous of the Family Compact. Hero again we are astonish-
ed at the assurance of tin learned gentleman. The i'act is ns
%(;eU known to Af--. ffiiix^.'nnan as is his own existence. Tu
prove a negative, tjiree m"mbcr.-: of the se!'!:t eomieiilee '.d^a.

- ■■*

r, Ml-:vll',\\.

Ii;t\.; Iiilfl) emigrat.d aii.' iristiinnctl. 'I'lic- liisl is Cdl. I'riin'i'.
Now t;veVy one faiiiilitii' witli l'p])i<r Caimil;i pnliiios knows
tliat Col. Prince is actually a principal leader of the very Hii-
tisli party (l(;scriljc(i by LoVd Dnrluun. He is intnnati! witli Un;
very pur^oiis from whom Lord Durham derived his information
and is forward on all occasions in dennnncing the " Fani'ly
Comjiact.*' 'I'lio same remark applies, to a certain extent, to
Col. (iowan. If the iiritisli parly have made representations to
Lord Durham which coming from men of high standing in society
and nnimpcached character he Jias given credence to, and if af-
terwards their leader have endorsed a document denying the trulli
of tlic very statements which his party have fnrnisheil, not on
Lord Duriiam be the blame or the discredit, but on themselves.
J^nt we do not believe the British party will so act. Col. Prince
lias signed a lengt'ay docnmcnt, on the stale of the province part
(»f which, that unconnected with liord Durham's Report lie pro-
bal)lv approved, and which lie liad lU't much time to reflect on,
but we feel assured tliat Col. Prhice would never vote for the
mhj)! inn oi' the re|)0rt as a whole.

The next instance is Mr. Ilunler. ?s()W a more nnforlunale
.case Mr. llagerman could not have l)rought forward. Mr.
Hunter is member for Oxford a strong Preform County. At the
Jati; election very few ol' the Ueformors vot 'd, and the contest
was between two Tories. It turned on British and Canadian
interest and we are credibly informed that Mr. Hunter has
iiimself stated that he did not get 10 Canadian votes. Could a
stronger proof be brought of the truth of Lord Durham's state-
ment ?

The alhision of Lord Durham to British emigrants lieing
Ij-jated as Aliens refers evidently to the restraints on members
of the legal and medical professions which Mr. llagerman well
knows have licon louclhj complained of and to evade whi di a
iipccial act has been passed in favour of one of the very j.aifics
alluded to in the report as a reward for services rendered to the
Province. Now Lord Durham happened to think that such a
privilege was Mr.Prince's right and ought not to have been given
as a reward ov compliment.

The long list given of British emigrants fdling lucrative of-
fices is no proof of Lord Durham's being in error more parti-
cularly as several of the parties natni.'d are known to enlcrlain
the greatest jealousy of the Compact, and have wc doubt not
expressed it to Lord Durham.

The next branch of Mw Ilagvrman's document pnrporl=^ to
be "a refutation of the opinions and statements of Lord Dur-
ham"who it is said obtained his information by meansof''agei]ts"
who again acquired it from incompetcMit persons. Mr. llager-
man will hardly convince the people of Ujiper Canada that
Lord Durham was th ; simpleion he would represent. We
have indeed frcqurnlly heaixl expressions of astonishment at the
extraordinary correctness of the iofornvaliou obtained by h's
Lordvli'p and at the intimate knowlcdg^^ of our afiairs which

KKVll'W.

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tin' Kcjuirl iliS|il;t_\ .^
iiiaii*.s rcrutiilimi.

'I'lu! finst |)(tiiil «"izc;I upon i.s a.'rtatc'iiKnil in tin.' lv(',(iit tlitit
Sir Fraiu'i.s llcail tlisinissc'l tlirec Mxectitive cnniicilhji's to iiiaUu
way l")r tlirco new ones. Tliis certainly is an inacctirdci/, hut
ono which in no way alll'Ct.s the urgunicnt in tliu iX'|)ort. Pre-
vious to Sir F. IJcad's arrival two councilhu's Archdeacon Stra-
chan and Chief Justice Robinson iiad withdrawn iVoni tho
Uoiincil and their places had ii<jt been filled up when Sir V.
Head arriv((l. Now Lord Durliani naturally supposed that the
(lovernnient had not been carried on ivitkoul a full council and
thus fell into the trilling mistake that Sir Francis l)ad disniiss^'d
part of his Council to niaki; way lor the popular nienibcrs whom
lie introduced. The allusion to this inaccuracy which even iUr.
Ilagermun lias not pretended to be ol' any conscijuence shews
the weakness of bis cause.

The n(!\t charge of inaccuracy in the Report is as to the mo-
tives of the late bvxccutivc council for resigning. Mr. Hager-
man on this point fulsilies Lord IJurham's argument, endea-
vouring to make it appear that bis Lordship stated that the
C^Jouncil resigned in consequence of certain appoinlments. —
Now Lord Durham's own language is : — " Sir Francis desired
" them to make a formal representation to him on the subject ;
*' they did so and this produced such a reply from him, as hft
" them no choice hut to resign." Tho origin of the dispute be-
tween the Council and Sir Francis is given most accurately iu
the " Rc[)ort," viz : " the new Council finding that their opini-
"on was never asked on these or other matters remonstrated,''
&c. As to the accuracy of tho statement that the obnoxious
appointments by Sir Francis Head (Capt. Simcoc Macaulay and
Col. Van Koughnet, whicli are those alluded to in the Report)
were made (fter the appointment of the Council instead of si-
viultancoushi, it is a matter of no moment. The appointments
were obnoxious to the AssemLly, and they were disapproved of
by the Council, and there cannot be a doubt that they materially
assisted in causing the rupture. Lord Durham's account of the
Council difficulty is, we assert, substantially correct

The next inaccuracy charged is that relating to Mr. Hepburn's
case. We aie of course ignorant of the source whence Lord
Durham got his inlbrmation on this subject, but as the matter
was never brought before the public, it must Imve been I'rom
some of the parlies interested. Mr. Hagerman denies the truth
of his Lordship's statements. "We assert, on the contrary, that
Lord Durham's account is true and i\h'. Hagerman's false, and
We ch;ilIonge the latter to get I\lr. Hepburne to sustain him. —
Rumour tells strange talcs of the indignation justly felt by
Ww Hepburne at INL". Hagerman presuming to deny the truth
of his case without sending for him to give information.

The next point seized upon by Mr. Hagerman, and really
with a gravity that would lead one to suppo.'^e that he believed
it of imporlance, is Lord Durham's allusion to the law pre-
vjiiiiug American citizens from holding land in the pro^•incc.

A ui;ui:\v.

liord l)iir[i;iiii's ulifcct wtis to pfuvo fliut fi'? Airii ncans wvn^
lorbiiltitMi to liokl land '• it is dlllie more coiiscijiitiici' tli.il llio
country should h'-inruh.- ns attyarlivc (is possible to ihe emigrat-
ing midiilo cla.^-<(•s ol'CIroat llriluin." lias IMr. Ilagormaii at-
fom|)ti(i to dispute tlio soimfliicss cA' liis JiOrrisliip's arguments/
No! but wirli a pnerility, uttoiiy unbecoming in a statesman,
lio sci/es upon tbe very slight ifiaccuracy ol' bis liOrdship
"that a law had been passed immediately al'tcr the late war
forbidding AiiKM'iciui citi/cns to bold land/' Wliil.st we admit
the inaccuracy wo shall prove his JiOrdship to hav(^ been .sw//>-
Htiintially correct in bis statement. It is well Known that under
proclanialions iVoni (rovernors Simcoc auit (tore, Ainericans
were invited into this Province after its lirst setdcinent, and
that it is owing to the nxertions of these enter()ri:siiig men, that
rho present emigrants arc indebted for tlie great improvement
of tiic country. I'revlous to tbo time uliuded to by Jjord Dur-
ban!, the law, which Mr. Uagermaii infoi-ms u^, iiad always
existed, " preventing tbreigncrs from holding land, uidess na-
turalised," was virtually a dead letter, l-'oreigners bougiil
and sold land in the province at pleasure, and wiijiout obstruc-
tion. After the late v.-ar, however, at the timi' lliat Lord Dur-
ham thought that a bill had been passed, doubts were raised by
Ibc Family Compact Parly in the province as to liie right of
these persons to flieir lands and other privileges nhtiotigji tiiey
bad settled in the province on the faith of lloyal proclamation.
We need not enter into a history of iho long contest w hicli fol-
lowed on the subject of the *' Alioii IJill,'" in whicli Chief .hisl ice
Robinson soem'ncntly distinguished himself A bill was finally
j)assed in 1828, confirming to those American citizens, then in
the province, their titles to property, and all (ither rights and
privileges. To all new emigrants from the United States, the
law against aliens lias since remained in full force. It wdl
clearly appear from the above remarks that Lord Durham's
inaccuracy was only to this extent, — that he mistook the revival
or enforcement of a law, heretofore a dead letter, for a new en-
actment, a most natural mistake for hisLoidship to fall into, but
one of not the slightest consequence to his argument.

It would be unprofitable on this occasion to discuss whether
Lord Durham's doubts of the policy of excluding American citi-
zens from the province are well-founded. We cannot, liowcver,
forbear to notice that but a very short time has elapsed since
.some of the members of the very Select Committee whoso re-
port is under consideration, were strenuous advocates for their
admission. The encouragement of emigration from all quar-
ters seems to be lield by the Governments of all new countries,
to be the soundest policy, and it is paying but a poor compli-
ment to our system of government, that while our neighbours
encourage emigrants from all countries to settle on their lands
without any fear of their institutions being overturned, \v(;
lire obliged to restrict ourselves to a class of emigrants
whose prejudices will, we imagine, prevent Iheui from being
(h- Mtrfli d. (t i,.-, hoW("-\er. nil (^)<;re'Mriu-. ei'/:>; to suppONW tha?

h(in<;

ui':\ji':\v w

\.]h: Atncni'.an |ni|iu|;iti<iii nrc iimn! di-^siitislkd witli irrrsjhtn-
siblc J''(Hui/ii ComjKirf ^oi'cnuiicnt, lluui lliu bollitirsul" lirilisli
uiul Irish origin. It lius Ixh.ii a very convenient wutclnvoril,
iid c!i|)taii(liini vulgus, lliattli(; lltjlornicrs arv (li.'siro'^s i)l"inlfu-
<liicing Ui'i)ublican InslituUuns and cflifting soparatijii, — Mnii-
grants of recent date are tooiipt tobi; deceived by liK'asscrti(iii.>i
of die '* Com[»aet ' and are frequently induce*.! to lend their liil
to sustain an oligarchy who are in reahty their bitterest ene-
mies. After a f(;w years residence in the country they begin
tv) understand its |)ohties, and to quote tlie words of Lord Dur-
ham '* none are more hostile to tlicni (the Family CoiiiiJaet^^
than the greater part o[' that large and S|)iritcd Ihitish horn
popidation A:c." Were tiie princi|)le of the British Constitution
iairly acted upon in the government of L'pi^er Canada, not only
would there be n« serious political disconti-ut, but we (irndy be-
lieve that so far from there being a necessity to exclude Amerieai:
emigrants, onj)olitical grounds, to our Rcrious loss in a com-
mercial [)oint of view, it would o'! impossible to prevail on any
considerable portion of the people, unrfer any circumstances, to
withdraw themsches from the proteciioH of the greatest nation
in th(! world. We are, howevei", wamk'ring from our subjeel.
Ijord J)urham's ai'gumunt is not that foreign enn'gra'lu'M sljouhl
bo encouraged, but that while it isexcluded, the country s'hoidd
be made ^/* atlr<u,l i re ua possible iu llritish emigrants. 1 low-
can the British Immigrant read this sentiment of His Jiurdsliip,
without feeling indignant at his slanderer Mr llagerman, win*
declared a iow days sinc(j, in his place in the House of Assem-
i>ly, that he solemnly believed that the object of Lord J)urhaut
was to divert British emigration to the I'niled States {

On the subject entitled *' Policy towards the Catholics,'" Mr.
llagerman asserts that none are more fully aware than the (Ca-
tholics themselves that "no invidious pdlkjy" iias been acted
4q)on towards them. Now what v.-jll the public tIn'nU of iMr.
IJagerman when they l(;arn that he had documents in his pos-
session, when he penned these words, proving that the Irish
Catholics themsclv(;s forced upon Lord Durham's nttentioii, the
*' inviilioiis policy'' exercised toward.-; them. IV'r. llagerm.ni
would represent Lord Durham as endeavouring lo " fiiiuent dis-
i-;ensi()ns" by referring to the existence of Orange'isjn, allhough
he knows perfectly well that this subject was brought before his
Lordship, when in Toronto, by Bishop RlcDo-mieil and th(! lea-
ding lloman Catholics of the Province, and tliat as IligiiC\)m'
niissioner he was bound in duly to attend to the eomi)laiii!.

'I'he remarks on Lord Uurliam's contrast between L'|>|.ei
( 'anada anil (he I'nited )Slales evince ixwy thing but a disposiliuij
l<t place a liberal construction on the motives of his Jiordship.
Mis Lordship noticed tlkj contrast between the countries which
bas been poitited (Hit by almost every traveller, but he did so
with the patriotic view ol removing our disadvantages iiiid en-
abling us to vie successfully with our neighi)ours, 1\L'. llager-
man will find it hard to convince; iiis readers that because tiic
'' nifLd States \\\.u a population ^f I'lfttcn nul'ionr:, Ihcrfffif

^^#^i^..^

10 iii:vii;vv.

IIk; Slulc of iMicliigan, or llliiiuis. oi- Indiaiia luis advaiitngy^.n
superior to us. The iiiiiirnvciuciits iillu(ii(l lo, are carried on
by cacli Stale independently on iti own credit, and tlie money
irf obtained in l<]ngland, where our debentures cannot be sold. —
The unlKiud.sonie allusions made by Mr. Uagermaii arc but a
poor return for JiOrd Durham's generous cllbrts to promote our
pitblic impr- vcmcnt». l*^|ually unhandsome is the allusion to
ib(! recomn^endation cA' New York as a port ol" entry. It is
>VelI known that tl«' Hon-. W. Allan, and the Hon. II. Sullivan,
and wc believe Mr. llagcrn^Jin him.self, joim.'d nearly all the
principal merchants of this city in recommending this project.
It was brought under Lord Darhnm-'s* notice and he is now cen-
.surcd for recommending, what all parties, Tories as well as Re-
formers concurred in demanding. Mr. Ilagcrman assumes that
the e/Tect of this arrangement would be to prevent our public
works being supported. Such would not be the case. The St.
Lawrence would still he the outlet for all heavy goods, and we
t^)lould only obtain those connnodities via New York, suited for
the Spring trade, and which would arrive six weeks sooner by
this route. The matter is only mentioned incidentally by liord
Durham, no argument in favour of his measures is founded on
if, anif he had reason to suppose that in bringing it under the
consideration of her Majesty's Government, he was com[)lying
with the wishes of the very party who now basely endeavor to
found on it an accusation against bin). Mow Mr. Hagerman
ciould deliberately make the assertion that the project v/ould not
** receive, coinitciinvce frohi any quarter' after an expression
(rnm the lioard of Trade of Toronto, from a public meeting
<if the inhabitants at which were two, if not more, of the pre-
sent I'.xcculivc Council, and which expression has never been
publicly recalled, we are at a loss to imagine.

Lord Durham's allusion to the "carelessness and profusion''
wliich marked the cxnenditurc on the public works, has given
great oflence to Mr. Ilagrvman and his friends, and has been
indignantly repelled as a " most unmerited and ungenei'ous
insinuation.'' VVc cannot be surprised at this. One of the ve-
ry cases alluded to liy Lord Durham was, doubtless, that of Mr.
\V. H. Robinson, one of ISlr. Dagerman's select committee on
the Report. This gentleman was a Commissioner for expend-
ing a large sum of money, say .CT.oOO. on the W'eHand ('anal.
His services were not i^ralnitcns, as Mr. Hagerman insinuates.
No proper account ot' the money was ever remlercd. The
vmiehors were scandalous, in tact eiitirely inadmissible. Crosses
without witnesses were produced as receipts for money. In
one case a receipt of a man named Shore (a cross without a
witness; was altererl I'roin i."** 10s. to £l>^ 10s. although the
order for the money was (ov XS lOs. and the entry i.i the Se-
cretary's book .iJ-^ 10s. Ciodit was taken on fiiis voucher, al-
tered as it was. for £l^ 10s. and tlic \uatter sli/i rcnuiiii.': nn-
(xphtincil. The report of a select crinmiittec of the House of
Asseml)|y. >igned liv -i\ n.( niiuTs of liie pirsciil HoU'". diar-
ires Mr. Ri.'l>in^"n wiihl^einfr 'hti, irul alviif X'^'CO in liir- h<-

ricil orv

moiit'y

sold.—

c l)iit a

lotu Olll'
ision to
'. It is
iillivaii,
' all the

project,
ow ccn-
1 as Rc-
mcs that
• public

The St.

and we
Liitcd for
oner by
by liOrd
i/ided oil
uler the
implying
Icavor to
a germ an
,-oukl not
qircssion
meeting
the pn-

ver been

ro fusion''
las given
has been
generous
jf the vc-
at of Mr.
mil tec on
expend-
1(1 Canal,
isinuales.
The

h^oy. I n
without a
lough the
n the ^'c-
iich.T, al-
iiitiiiis un-
lliiuse ot'
li^M. char-

KENIKW. 11

■■■:miit, whii'ii was pi^incipally coiniKj.si.:.! >.f items fur ;vlnch he
liail IciLcn credit (wiff orrr. 'J'hesame rc|)ort charges Mr. Ito-
!)inson " trilh i;rc:tt (Icrc/iction of ilaly.'' Mr. Robinson and
his fricucls would have iWim] it more ibr tlio benefit of Irs cha-
racter, if they had periniltcd Lord Durham's remarks on this
subject to pass unnoticed.

ll is unnecessary to alhit'o to the subject of the disposal of
the political prisoners. This matter has been already amply
discussed, but wo positively deny the truth of Mr. Ilagcrnian's
statement, that the eonununity loudly demanded more nume-
r)us examples than those thfit were made. ^So far was this
from being the caso that the petitions in favour of Loinit are
Matthews were signed by great numbers even of the Tory
party. Mr, llagorman feels \ery acutely the allusion of Lord
Durham to the exeeuliun of these unfortunate men, fer'which
the learned g(;nlleman fetis that he is held by the public to bo
priucipally responsible. Exasperated aMhe iu)plied censure on
the Upper Canada governnicnt, contained in Lord Durham's re-
marks on tin's sLdjject, Mr. Ilagernuin iias been rash enough to
deny their truth. Lord Durham asserted that :the.se .unfortunate
iiien "engaged a great share of ])ublic sympathy; and that their
pardon had been solicited in petitions signed, ll U' gcncrallii ns-
scfled, by no levjs tlian iiO,Ot)0 of their countrymen." Mr.
llagerinan in reply to this observation, asserts iwailiceJij that
" there wore net .">,(I00 .signatures appended to the petitions
presented."' UntUi-! assertion we shall make a few remarks.
Lord Durham, it wii! be observed, mt;rely stales that " // /v
i'cncralh) asserted^" that the petitions were signed by urwards
of yO.OiiO i)cr.>ons, in coiilii'ination of which, it is oidy neces-
sary to refer to theiievvspapers of the day, and to common re-
port never htj'urc contradicted. When we saw Mr. IJagcr-
man's report, we commenced enquiries U|)on the sulijecf, and
uski'd several parlie.s who had taken an interest in i!ie petitions
what the numb:r of signatures was ; the answer of one was
10,000, iuid non(> staled less then :iO,()00. ( )ne gentknnan
slated, that he had seen a petitifjn measuring ;30 yards long in
the possession of John ISell Escp Rarristor at Law, and referred
us for further infornnlion to that g.-nllcman, v/ho had, he slid,
taken rhargeof all the pi'titions. VVe innnediately called on
i\]r. i'ell, and iisked hun if lie recollected the number of signa-
tures, :o w hieli he replied, that he thought there were abcait
:H,00!», hiif he could not be sure, One petition, he said, mnri-
bered ''.•OOO. Another gentleman niformed us, that there were
about 10,000 signatures to the petition fn^m the (xoro District.

Ibil we hnv'^ ('///>/«/ in f(jrmatif)n on the subject. Sir (ier.rge
Arthur in hi- desp-iteh to Lord (ilenelg, stat-s \\\\\\v'll kin Hires
(Unis jic/ilioiii fruiwiio/ lass lluin ^,000 persons had hern pr.-
seated, so that tli- repdi-'. drawn u;> by Mr. Ilagorman eon-
tains ixgrtis^^ iiiiss'aih'iKn.l for which there is no e.xciisc, a; its
author had e\ery opporiunity i) nsecMtain the truth. S'r Ceo,
Arthur's dc^p.-iteh w iil prove to overv dispn'-'sionnle cnrjuirrr
.that th;' uiilielunale indi\•idl!al^ alliidi d 'e, " cngagr d a pr' .tT

naiiiiiiii

12 ur^v[i-:\v.

shnrn ofpulilii^ f^ympalhy,"' howovor, M maj' suit Mv. Il'agpr-
mnn's intiMvst to dniiy it, and tho petitions, no maltor what tlu:
(^xact niunhor of signatures may have been, certainly do not
disprove its existence.

Air. Hiigcrman has the assurance to deny that innocent per-
sons were thrown into prison, that lieformors were subjected
Jo suspicion, tliat the dominant party made use of the rebellion
to disable their political opponents. On this point assertion nuxy
go .tgainst assertion. Our belief is that Mr. ITagcrman's re-
port is false and Lord Durham's strictly true, and with regard
to the harrassing proceedings of Magistrates, wo ourselves
ftenrd Mr. Htigcnnnn himself, in the discussion on the militia
bill, admit and lament these proceedings, and yet after this ad-
mission he has the assurance to eall» with affected indignation,
«in Lord Durham for proof of the fact. Mr. Hagcrman says,
that he does not believe that any person of intelligence and
c'laractcr among Reformers will be found to snslahi Lord Dur-
ham in the opinions expressed by hirii on this subject, VV^c defy
Mr. Tlagerman to get any such Reformer to contradict his
liordship, meantime wc shall furnish some evidence in his sup-

Wo ha-Ve nott before irs the Ketttfn laid before- the British
House ofComnwns of the names of the several persons arrcsl-
cil in U p|)er (^anada for political olK-nccs, and wc have also an
oflicial account of the nwrnhov convicted either by trial or on
petition. AVe lind by these documents that 824 persons were
■incsicd, and only 217 convietiul. In the INIidland District l^y
persons were arrested. The Bills against 2.'3 were ignoredhy
iIk! Grand .lury, •? wore tried and acquitted, — the remaindei
wore discharged by the magistrates or Law Oflieers. Wc
give those facts in support of Lord Durham's a!~scrtion without
nny comment, for none is required. Mr. Ilagorman will re-
quire all his brazen cflVontcry to sustain him under Oh:; exposure
Alihoughthe number ndfUitird by the government to have been
urrf^stcd say 824 bears a very large proportiim to the number
'■(ii)victcd, 217 ; yet the n\nnhcv ac/unlhj arrested was much
larger. The return to the Mouse of Commons is fa/se, as wo
are ready to prove. Wo have not had the document 24 hours
in our possession, and we have very limited moans of testing
its accuracy ; yet wc can mention the names of 3 persons all of
high respectability, which arc omitted. They are J. H. I'rice,
FiSq. So'icitor of this city; Rev. Geo. Barclay, an Elder of the
I'.aptist church, and a large freeholdct in Pickering; Wr. John
Coiner, one of the most respeclablc freeholders in the Comity of
Vork. The return to the House of Commons was on motion
of i\fr. niimc, and we hope that gentleman will notice that it is
n false one. What stop the government at hotnc will take un-
der such rirctUTistaneos we know not.

Mr. Ilageiniaii next adverts to the remarks in the Report on
the .'uiitiinislr.'ition of Jiixiico In T'liper Caiiadn, more partini-
larly Hi;-, expression «' tliore is still some in!( grity in .Juries *'
♦'which efiuivocal forms are, " savs Mr. Ilagerman, "as of-

ll'agrr-
tlml IIk:
do not

tent pcr-
lubjcctcd
rebellion
tion may
itin's rc-
h rogfiid
)urselvcs
e militin
r this iul-
ignation,
lan snys,
cnco aiul
,on] Diir-
VVc defy
aflict his
1 iiis su}>-

1 r.nlisl!
IS arrcsl-
3 also an
ial or on
^ons worn
istrict 7r>
'^norctl l)y
emaindor
rs. VVc
n without
1 will ro-
cxposnrc
lavc been
c! number
as much
sr, as wn
24 hours
)r testing
;nns all ol'
H. I'rioe,
or of tho
Mr. John
County of
on motion
n that it is

1 liiK-e ini-

Repoit on

2 iiartii-n-
II Junes

y, "a^ of-

JiKVlliW. IM

ftMi-ive as ihny arr- unjust." Wi; woulii ask Mr. lin<jf.'rmaM,
ulii l!i(M' our juricy at itie polilieal trials were not pucLcd ?
Was not the course adopted here which the government would
not venture to pursue in Lower Canada, of selecting juries
from one political party ? Do not the prisoners and thoir
friends assert that they did not get fair jjlay ? Did not Mr.
Ilagerman himself as Attorney General, vhaUcvgt '\avorfi who
were known to have been favourable to acqui'.tal on previous
trials, and tlii.s although the entire jury list had been carefidly
selected by the Shcrili" from one political party? VVhen these
questions are answered satisfactorily Mr. Ilagerman may talk
of the purity of the administration of justice in Upper Canada.
Mr. Ilagerman denies the assertion of the Rcpoft, that " the
late elections were carried by the unscrupulous exercise of the
influence of the government, and a display of violence on the
jjartoftho tories, &c."' Mr. Ilagerman knows that the instruc-
tions of Lords Glenclg and Goderich regarding Executive
interference at the elections were disobeyed by Sir F. Head.
I le knows lliat there teas violence, and if he can oiler no better
refutation of Lord Durham's statements tlian tho report of tho
committee on Dr. Duncornbe's petition, he will fail to carry con-
viction to the mind of any impartial person. With regard to
violence, we shall quote one case which prima facie would bear
out Lord Durham's report. An election took place for the
county of Leeds, held we believe at IJeverly, — two Consorva-
iives were returned by violence, as was alleged by their op-
piinents, and confirmed by a Grenvillc committee of the House
of Assembly. Another election \Vas held, and again the Con-
servatives were returned, and again did a Grenvillc committee
unseat them on tho ground of violence. A bill was passed to
bnvo f(Mir |)olling places for the next election, which being
hold, //ir R'i'or?n candidates were relumed bijtt large majorilii,
and tliore was no comi)laint of foul play on either side. 'J'his
was only a Cow weeks before the general election in 18:^0, and
tif/er the A.'-^-iombly-s quarrel with Sir F. IJeod. When tho
i^.Mieral election was held, the polling place was again fixed at
Heverly, and a violent political partizan appomted returning
oHicer ; and again were the Conservatives returned under pro-
frsl on account of violence. These facts came under the notice
of Lord Durham and they cannot be controverted. A majority
of iho freeholders of Leeds were in favour of Messrs. Buell and
Howard at the last election, notwithstanding which the conser-
%ative candiilatcs were returned. We give no Opinion our-
selves on this matter because we personally know nothing about
it, — we state facts which arc bcforj the world. Again, was
ihcie not violence in tliecounty Simcoe ? Did not the Reform
candidate, tin? unfortnnafo Samuel Lount, relire under protest.
IVom the hustings, owing to violence ? Mr. Ilagerman knows
that he did, and that his friends would inf<~,. n him that the out-
rages couHuilted on him at that election were tho main cau.sc
of his b; ing induced to take the step which ho did. Those who
l)ave studied tlio human rharart.-M" will bo able to judge, liow far

14 lUaiKW.

such nn outrngo won!.} be likely U> inllaouco r. man to 'resort
v.vcn to il(;s|)cruto find unconstitutiunnl iv medics. ' '

On tlu; cliargo agMinist^Lard J)iirl!;<ni dl" ciideavoiirini^ to dis-
parago and bnng discredit on the i!ir;mbci-s of tiio House of
Assembly \vc must say a lew words. His Lordship h^xs stntod
-that certain members arc " accused of violating their ^ pledges
at th? elections," of " showkig « disposition to acton cerlain
questions as for instance tho Clergy Ueserves, in direct defiance
of the known sentiments of a vast niaji»iity of their constitu-
ents,''— 'that "many of them came forward and were elected
ns being really Reformers who would sup|inrt Sir Francis Head
in those economical reforms which Ihe country desired.'' As
an instance of members violating pledges v/c need j,m,t go fur-
ther than Col. Chisholm, one of tlie iriembers of the committee
of censure on Lord Durham, and reprcscutativo for the county of
Halton. This gentleman not only voted in a former Parlia-
ment in favour of appropriating the Clergy Ueserves to educa-
tion, but pledged himsif to continue to do so previous to his la&t
(dection. Ho liowever violated lu-i pledge and on one occasion
al least, during the last scss-ion, threw out this inef.sure by his
vote.

We positively assert that the recent settlement of the Clergy
lleservc question is in ^^ direct drjiaiirc'' "(A' tlu; wishes of llio
))co[)le of the province, who have by their representatives in four
successive ParHamenls insisted on the ap|)lication of these Re-
serves to the General Education of the people,

\\c shall now prove by the following (wiracts from the olec-
lion addresses of Sir Francis Head himself that the members ol"
the present House of Assembly were elected r^s Reformers.

••It is witlj {rreat satisra<'tioii I havo obsorvcil Kubscriljeil to tlie ad-
flrcKs wliii'h I liavfi just received from the 'rcunsliip ol" I'ickerinff, tlio
names of 40 iiitlividuals who are known lo ]ii)ve /xun. violent, lirj'orntrr.-'."

" I will use all my iulhieuce with Jlcr M.'ijpsfy's yovoninipiit to make
Kurh alterations in tlie Land'Grr.ntinjj Department, as shall attract to
Upper Canada the redundant wealtli and .noj/uktitn of the inolJier
country."

'' I liavo been commanded by Her Majesty tonf^r cvMy rnde:ivo\ir Id
corroct the real grievances and to promote t'le interests ef this noble
I'rovince."

" \ iifled hardly assure you that I am myselfan advocate for Reform."

'• Tiipy (my instructions) desire me to correct without partiality l/ir
g»/«?-rt(/ft.s- of this country : and it is because the a{>ilators see J am
ddennincd. lodo so, that they are endeavoring to obstruct me by every
tirlilico in their power."

" I was sent here by her Majesty on purpose to correct the grievances
of tlie country."
" It is quite certain tiiat I can render this Province poinifn! (i.tsia'tnin.'

We need not continue our e.vtracts. Enoiijrli has been said to con-
firm the truth of Lord Durham's assertion t!;;t„ Ihe protigcr-; of i^r V.
Heal were elected as {{fforinrrs, and on a distinct understandin;,' thnt
'>they would endeavour to settle tlie Clergy Reserve and other proniltuvJ
questions to tlie satisfaction of the peo|)le. It is not surprising liowever
that persons who could stoop to deceive their constituents, tnid obtain
"seats in Parliament under false pretences, should be very sonsitivc at iiii
r\posuro of their conduct.

\Vq rather suspect iVIr. Hagerman has made an unfortunate
*ij3.pcal lo the farai.vrs of Upper Canada '.vhen he ca!!>.. on them

%
«

.--S

) icsorl
- 1

g to (lis-
le use of
IS stn*.>-'(i

■ pleitgcs
1 corhiiti
(.lc/iaiic(!
constitii-
' elected
cis f irjul
il/' As
, go fiir-
Miimittco
loiintvof

■ Parlia-
o cduca-
D his labt
occasion
c by Ills

c Clergy
)3 of liio
s in four
hcpc llc-

tlie elec-
inbcrs of
mrrs.
o tlie ad-
criiifr, tlio
for III m--''
i to iiiakn
iiltrai't to
G inollior

o;ivo\ir lo
Iiiw jioblu

Ilefomi."

rliality l/ir

t;co 1 mil

1)V every

l^ricvniu'cs

^•^•/^■'«?l('^.'
id to coil-

oi" t^r y.

d\n<r tlinf,
|M-omu\f ^t
IT liowpvcr
lid ohinin
ilivc tit nil

rortllliatf
(111 them

liKVlHW. ^ 15

Jo read Lord l)i;rjiain s •• i!(gra»Iiiig account" oftlicir condition
and asks tiicni \vli(.:tlier llicy would led safe " In entrusting
'• their I'uluro iiolilical late to the dogmas of such a man," —
The people of L'ppnr Canada know too well that Lord Durham's
account is .subslantially true ; they know that property in this
I'rovince is depreciated almost to nothing, that every branch of
business is languishing, that t!i(! I'rovinco has been compared
to a "girdled tree/' " a land of pestilence and fam'ne,'' by
Mr. Ilagerman's favori!(! Sir Francis Head. Nay,- even one of
the members of the select conmiittec ('Col. Prince) declared
• inly a few days since in the House, that had he settled in Mi-
chigan instead of Canada, his children woukl have blessed him
for the act. Will then llie Farmers of Upper Canada join Mr.
Ifagcvman in his unciualified abuse of the generous and patrio-
tic nobleman who has honestly described their miserable condi-
tion to hor IMajesty's Government for the purpose of cflecting
an improvement in it? Will they, having tasted the bitter
fruit of family compact government, and having Ixicn ruuied
by it, refuse fo moLe a trial of the remedies pointed out by
Ijord Durham '* Most assuredly not. It is unnecessary to do
nxjre than allude to the base calumny on Lord Durham repre-
senting him as desirous of diverting emigration from oursliores
and directing it to those of the neighbouring Republic. Is tfiis
the "eward lor llu; gigantic scliemes for promoting emigration
and public improvement lowhii^-h his Lordship devoted i^o much
of his lime 1 Surely Mr. ILigerman has overshot his mark.
I'iVen his own party w jll not bear him out in tii's most unjustifi-
able attack.

It will seem strange that Mr. Ilagcrman has not ventured to
discuss tlip propositions contained in the Report for the future
government of Canada, and which, persons of common under-
standing would suppose, wore the very points to which the at-
tention of the connuiltee should liavo been principally diroct^^d.
It is said, and very properly, that the two points of most impor-
tance are " the Legislative Union of the Provinces" and "the
Responsibility of the oiTlcers of government to the Legislature."
The llrst of these has, it is said, b(jen assented to under certain
specified conditions. 'I'hc second, Mr. Hagerman considers
inconsistent with tiie dependence of Colonies on the mother
country. Hi- how(.:ver does not aUumpt to answer a single ono
of Lord Durham's uiiansv/orable argtmients in favour of this
long sought for change, and W(j ina\ thcrcl'orc fairly assume
that lie felt hiins'df uii<M|iial lo the task.

..xi". Ilagerinan winds u]) his report in rather an extraordina-
ry manner, declaring the conviction of the committee that
some great change is about to take place in the system of gov-
rrnmcat in the Canadas, hut " they do not believe that it will
" involve any departure from llie principle^s of the I»ritish con-
" siitution so far as tin y can be made applicable to a colony."
Now Lord l^uiliam roeomineiKl^ no departure from tlie prinei-
I'lcs of the Jiiitish roustilulioii, neither have the Kefoni'ers of
this Province asked am', — Injih on the contrary have urged

ir, lii'.VlKW.

tlioir npiilicaliun. Mr. llageiruaii evidently iintlurs lands

very litilo about ilic working of tlio Britisli constitution. Ho
has lived all his lilb under tlio despotism of an Oligarchy, and
ho hates and fears the people. Lord JKirluun we are gralified
to lind advocates principles more suited to this enlightened age.
Though iMr. Hagcrinan has not ventured If) enter U|)on the dis-
cussion of the main question, Responsible Government, he de-
clares that the House of Assembly has pronounced such res-
ponsibility inconsistent witk Colonial dependence. NVe shall
make a ['i^w short extracts on this subject from Lord Durham's
Report : —

■ " I mhnit that \\w systom which I propose woiikl, in fiict. pl.ico fho inter'
nut govorntneiit of the Colony in tlii; hands of the Colonists l/icnisiircs ; »fc
thai WL- sihoiilil tliiis leave to them the eX''i"Ution of the laws, of u Inch we
have lon^ entrusted the making solely to them." Again,

" Tlic constitution of ihe form of (jovernment, — the rcguhilion of foreign
relations, and of trade with the mother country, tlic other IJritish colonies,
&, foreign nations, — and the disjjosal of the pnlilic lands, are the unli/ jwintH
on which i\w mothi^r country rctjuires a codtroul."

" Nor can 1 conceive that any peoph' or any consideiahle poilion of ;i peo-
ple will view with iliisatisfaction a change jfA/'ch iruiild mnovnt siviply tii
this, that the! Crown would henceforth consult the wishes of llie people in
the choice of its servants."

It is nut however our intention to cntt;r into a discussion of
this question in the absence of any attempt to rebut the unan-
swerable arguments contained in the " Ucpovt." We lilt con-
vinced that the eflbrts of the Compact would be directiul to
throw discredit on the statements of his Lordshi|) with a view
to damage his political character. Their report is however a
complelw failure. There is hardly even a inaccuracy to be found
m his Lordship's statements, and certainly none which in the
slightest degree bears upon the main question.

VV'o cannot conclude these remarks without earnestly im-
ploring people at a distance, more especially the members of
the Lnixnial Parliament and her iMajesty's government, not to
give credence to the misrepresentations of a party, who though
in tem[)orary ascendancy, do not in any way represent the
sentiments of the people of Upper Canada. We trust it will be
borne in mind, that the present members of the Assembly were
in some cases elected by violence, and in all, by the unscru[)U-
lous exercise of government inHuencc. If Her Majesty's g(jv^
ernment be not convinced by the unanswerable arguments uf
Lord Durham, supported by the Nova Seofian delegates, b}'
the a))probation of the Canailian press ; and by the; result of the
Filcctiuns for CJrcnville & York riding, let thein take the proper
means to asccrtaiti the wishes of the people. liot I hem recal
Sir(ieorgc Arthur, and send a firm and impartial gcjvernor in
his place, who will sec fair play at the election^'. Let th(i
present House of Assembly be dissolved tiiid the sense of the
country taken on the propositions recommended by Lord Dur-
ham. If they take these steps they will a?certain the real
wishes of the people ; but we warn them of the coiise{|ucnccs of
believing a document framed by the very party whose iniquit-
ous policy and mis-government \n\^ been so faithfiilly f\\-poscd
by a truly imintrlial observer.