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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included In one exposure ere filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames ss required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre fiimto A das taux da reduction diffirents. Lorsque le document est trop grand pour Atre reprodult en un seui clichA, 11 est film* A partir da i'engle supArieur geuche, de gauche k droite, et de haut an has, en prenant le nombre d'images nAcesseire. Les diagrammas suivants illustrent la mtthoda. 1 2 3 1 2 3 4 5 6 WAS M Si B :fe'tJ iC 'k't_ PRI THE QUESTIONS; •t WAS THE LATE REBEL PAYING MEASURE ^FORCED ON THE PRESENT MINISTRY BY THEIR PREDECESSORS! AND IS THAT BILL A TRAN. SCRIPT OF THE REBELLION CLAIM BILL FOR UPPER CANADA t 4 SET AT REST k f ^Pt ^' \t'U'^^ . BY A RETROSPECT OF THE 14 VARIOUS ACTS OF PARLIAMENT :) a.ni-i-:-'* 'jlt^. !'!::' y •'f,:i '::'i.': -"rM ,i:u'''- r>;B lr.mnm'ii. ^i,i'')! ..-'.:■} J r ■,. ON TH& SUBJCCT OF ':;;<; ,-"i -.v.- ..-r.7. i ! r c ; ^:it'.:^u.. \K^ ^ '■ ■> -i--^'V:» '\v4\Vf>=^, •■'■!:' •V ; .]\\r I'.i I . 'l REBELLION LOSSES. ^Wft MONTREAL! PRINTED BY J. M. FERRES & CO., MONTREAL GAZETTE OFFICE. 1849. ^m -X ^'vAO¥£b^H)y. a.Wk: .#■ 1-^jiH f /v rm NOTICE, I H 1 /?'^ M f s «». The following Remarks on a very momentous subject, which appeared in consecutive numbers of the Montreal Gazette, being considered of sufficient interest and importance to warrant a re-print of them in a de- tached form, for more general circulation, they are hereby respectfully re-submitted to the attention of the public ; and this step is rendered the more advisable, after observing the singular mystification and mis-state- ment of the facts of the case in the British House of CommoTis, ''.^3^^oA yiOi.ijyiHi'in Vf% t<:- >'^ >l'\V^ . ■ . ^A. ^ >^',^ Montreal, 5th July, 1849. ^■■ -.■MK3«*e*,- - -^- :jmmno\:fi t? WAS THE LATE REBEL PAYING MEASURE FORCED ON THE PRESENT MINISTRY BY THEIR PREDECESSORS? -*'>■ ^*\ikj**i ¥ •■^•- t^i'f^ ■^*\isr^- AND IS THAT BILL A TRANSCRIPT OF THE REBELLION CLAIM BILL FOR UPPER CANADA? &e. .sy«uu yj jfj;! ifOi'J The very clear and conclusive maniler iri which the able writer of " The question an- swered, ' Did the Ministry intend to Pay the Rebels V " has acquitted himself, may per- haps appear to many, so complete, as to leave nothing to be added ; and such is real- ly the case so far as that unanswerabk docu- ment goes ; but, it appearing to the writer of these desultory notes that there are other reckless assertions, united with this nefarious transaction, which require to be equally ex- posed and refuted — namely, •* that the late measure was forced upon the present Minis- try by their predecessors,'' and ''that the language of the Bill is but a transcript of that for Upper Canada," we have been induced to volunteer our services in the exposure of the baseless fabric of this cunningly devised fable, and to avail ourselves of the opportuni- ty ot expressing a doubt whethev the united Parliament, after all, did well or wisely in at all interfering with an Act of legislation left complete, by the independent Parlia- ment of Upper Canada, farther than by sup- plying — what the Union of the two Provin- ces immediately afterwards prevented- — the funds necessary for carrying it into effect, and which thereby, of course, became, past Vspute, a debt due by the Exchequer of the United Provinces. In taking this view of the subject, the writer was at first disposed to think, that the framing of a tabular synopsis of the contents of the successive Acts of Parliament on the subject of Rebellion Claims in both Provin- ces, would have aflbrded a ready and short way ot accomplishing his object; but he soon found that that would require the addi- tion of a number of foot notes to render the application of the different parts sufUciently clear; and he was, therefore, uhimately in- duced to prefer giving a brief notice of each Act in chronological order, and incorporating 't-^'i^ fit thdrewlth the'ihatter that would have formed the burthen of the notes alluded to. Having adopted this alternative, the me- moranda resulting therefrom have furnished the plain unvarnished materials for the fol- lowing simple narrative of the striking facts connected with the different RebellionClaim Bills, to which we would earnestly invite the attention of the Public of Canada. In commencing our Retrospect of the va- rious Acts of Legislation on Rebellion Claims in both Provinces, it becomes our duty to re- fer the reader, in the first place, to the first Act passed on that subject in the Province of Upper Canada, and to point to the close connexion existing between the language of that Bill, and the even stronger " wording " of the first Ordinance of the Special Council of the Lotoer Province. In the former Province the first Act on this now alarmingly exciting subject was passed on the 6tli of March, 1838, and was intituled "An Act to authorise the appointment of Commissioners to investigate the claims of certain loyal inhabitants of this Province for losses sustained during the late unnatural Rebellion," and the preamble ran as follows : '*Wh«»reas during the late unnatural Rebellion certain inhabitants of this Province sustained much loss and damage by the destruction of their dwellings, &c., by the Rebels; and, whereas, it is expedient that a diligent and impartial inquiry should be made into the amount of such losses * be it therefore enacted, kc, Ist., that three Com- missioners be appointed to undertake that duty who shall be duly sworn, with authority to examine persons on oo^A, touching all such matters, &c. , and to furnish an account of their proceedings, to be laid before the Legislature," &c., &c.* • Note. — As it would take up too much room to quote the details of the different Acts, it is our intention to limit our verbatim extracts to those parts only which clearly point out the loyal bear- ing of each enactment, opposed to the Rebel pay ing animus which prevades the late act, leaving the reader at liberty to refer to the Acts themselves if so disposed;.. : .-■-.-■,... .-. . v v,i-;,v- . ■BPIP^W ■PI Now, with respect to this act, the object being self-evident, namely, to indemnify the loyal alone, such a word as loyal was never for a moment deemed necessary to accom- pany the term^'oertain inhabitants"t; where- as it would appear as if the Executive Go- vernment of Lower Canada had sjme mis- givings on that head ; for in the first or- dinance of the special Council, dated the 20th of the following month, that now momentous word is carefully inserted,— that document being headed "An ordinance to authorize the appointment of Commissioners to investigate the claims of certain loyd inhabitants of this Province, for losses sustained during the late unnatural Re- bellion " ; and the preamble is couched in the same language as the Upper Ca- nada bill, with the exception of reiterating the word loyal in connexion with " Her Ma- jesty's subjects," as being the express objects of it ; and further adding, *' that it shall (even) be the duty of the Commissioners to enquire into the means which may be possessed by the parties, who may have occasioned such losses to indemnify the sufferers, and the le- gal recourse which the said sufferers may have against the said parties." Add to which, in the oath prescribed for the Commissioners appointed, (with powers similar to those of Upper Canada), the words " losses sustained by certain loyal inhabitants of the Province during the late urmaturai HebeUion" are per- beverjngly repeated. Thus far, then, there can be no doubt that the loyal alone, of both Provinces, were to be indemnified. It is, therefore, sufficient to add respecting this particular period, that another special oidinance was passed the following year in the Lower Province, ex- tendmg the provisions of the previous one, to *' all losses sustained by loyal subjects since the time of the passing thereoP' ; and that in Upper Canada in addition to the act to as- t The writer was m a position to know this to be a positive fact, having been actively engaged in the rebellion, and even furnished certificates of losses sustained by individuals, from Militia being quartered upon their premises, which were, as a matter of course, claimed and equitably adjusted, though not always to an extent satisfactory, or perhaps sufficiently remunerative to tbe claimants. certain and provide for all just claims, aris- ing from the late rebellion and invasion, &o, a special one was there passed in May 1839, making a provision for the payment of the losses sustained by certain individuals there- in named ; the preamble of which states that, ** Whereas during the last Session of the Legislature of this Province, the claims of sundry inhabitants thereof for losses dur- ing the late insurrection have been duly inves- tigated, &c., &c., debentures to be issued in payment thereof, &c., &c." And on the same day an address to Her Majesty was adopted, praying "that the Provincial Le- gislature might be indemnified from the Im- perial Treasury for such advances as may be made from the Provincial funds, in com- pensation for such and similar losses." Sir George Arthur, however, very properly re- served the former Bill, pending a reference to the Imperial Giovernment, and according- ly Lord John Russell, in a despatch dated 12th October of the same year, stated his fear that in its present form Her Majesty's consent could not be given to it, — as the ob- ligation which would be imposed by the preamble of the bill of providing ultimately for the payment of the indemnity from the British TreasurVf was a principle which Her Majesty's Grovernment were not prepared to recognize ; but that if a similar bill were passed free from this objection. Her Majesty would be ready to concur in the enactment of it. Accordingly, in the following year another bill,— which, from its being the last act of the Parliament of Upper Canada, may be justly regarded as its farewell tribute of jus- tice and gratitude to the loyal inhabitants of that Province, was passed, and received the Royal assent in October 1841, — intituled " An act to ascertain and provide for the payment of all claims arising from the late rebellion and invasion of the Province" ; and of which the preamble states, as before, that "Whereas during the late unnatural rebellion, and the several hostile invasions of, aOd lawless aggressions upon this Province, at various points, by foreigners and others, &c., divers inhabitants of this Province sus- .1i. tained much Iom and damage, by the des- truction of their dwellings and other build- ings and property, and by the seizure and carrying away of their property, by the rebda and invaders and otherwise ; and where- as others of the inhabitants essentially contributed to the effectual defence of this Province, by capturing many of the rebels and invaders, by advancing money, and sup- plying meat, drink and clothing, arms and accoutrements, and also conveyances for Militia forces, and otherwise, &c., &c., and whereas it is just and expedient that all such claims should be paid and satisfied, &c, it is enacted thi t from and out of the rates and duties now raised, levied and collected, or hereafter to be raised, levied and collected, and in the hands of f'le Receiver General of this Province, and unappropriated, there be granted to Her Majesty a sum, not exceeding £4O,Q0O, &c., to be appropriated, applied, and disposed of in the payment of all such claims as should be allowed by Commissioners to be appointed for the investigating the same ; and that three Commissioners should be appointed by the Governor for each District, to inquire into the said losses, — to be sworn to the faith- ful, impartial, and honest discharge of the duties imposed upon them, — with power to examine witnesses on oath, and call for all such books, papers, and writings, as they might judge necessary for their information, and finally to prepare schedules in duplicate of all claims allowed or rejected, — to be de- livered to the Governor to be laid before the Legislature, &c. " And it was further enacted, that it shall and may be lawful for the Governor of this Province, as soon as conveniently may be, after he shall have received the aforesaid Schedules, to issue his warrant or warrants, to the said Receiver General for the payment of the several sums allowed to the several claimants or their attornies lawfully constituted ; and the Receiver .General •hall account to Her Majesty, her heirs and successors, for the same, through the Lords Commissioners of Her Majesty's Treasury, &c., provided always, that any claims arising under this act may be paid, whenever the same may be practicable, in the whole or in part, in any debentures or public bills of credit, which shall or may hereafter be issued in aid of the public service, &c., &c., &c. Thus, then, every necessary preparation having been completed for the speedy liqui- dation of the ^' just claims" of the "loyal" inhabitants of Upper Canada, all that re- mained was the carrying of the above enact* ment honestly into effect ; — a debt and duty, which by the Union of the two Provinces immediately afterwards, devolved, as a matter of course, upon the Executive of the United Provinces. How that duty was dis- charged will be exemplified in due time. In the mean time it is but proper to add, that up to this period, the tide of legislation seems to have flowed equally, if not more in favour of the " loyal" in Lower Canada ; for it is on record that the investigations of Commis- sioners appointed by special ordinance during the suspension of the constitution produced a payment, in cash, of not less than £25,000 ; and this, as will be seen hereafter, was subsequently increased to £35,000. Having BO far redeemed our pledge, we shall now proceed, without particular re- ference to the conflicts of hostile political parties in Parliament, to lay befo.e the reader an equally simple and unvarnished state- ment of facts, illustrative of the strange eventful progress made in the liquidation of the claims of the loyal in both Provinces, during the eight years that have elapsed since the Union of the Provinces. The first fact now deserving of particular notice, connected with our important subject is, that during the first session of the United Parliament, it being deemed desirable to amend and enlarge the last comprehensive Act of the Upper Canada Legislature, so ^s to extend the periods during which the Dis- trict Commissioner lerein appointed might sit, to enable them to make their investiga- tion more complete, a short bill, having that sole object in view, was introduced by Colo- nel Prince, when an additional clause, which had never before been thought necessary, as relating to what had all along been deemed an inherent matter of course,— and which mi wmm was oil that ground objected to by the mover of the bill, was proposed by Mr. Baldwin (then in opposition) and carried, enacting, ** 2nd Ttiat the powers vested in and duties required of the said Commissioners under the said Act shall extend, and be construed to extend, to inquire into all losses sustained by Her Majesty's subjects and other residents within the Province, from the first breaking out of the Rebellion to the passing of the said Act, and the several claims and demands which have occurred to any such persons by such losses, in respect to any loss and des- truction or damage of property occasioned by violence on the part of persons in Her Majes- ty's cervice, or by persons acting, or assum- ing to act, in behalf of Her Majesty in the suppression of the said Rebellion, or for the prevention of further disturbances ; and all claims arising under or in respect of the oc- cupation of any houses, or other premises, by H-^r Majesty's naval or military forces, either Imperial or Provincial. * ; Having thus particularly noticed this un- locked for additional (anguis in herba) clause, as that of which a very questionable and even dangerous use has been made in the framing of the hateful Rebel-paying bill, it is but proper to add that about that period it had, with a very diflferent view, become a matter of discusion between the Imperial and Provincial Governments, whether claihis which would naturally fall within the scope of this posthumous clause, namely, losses caused by operations for strengthening or defending military posts, &c., ought not to be defrayed out of the military chest, and * Now, it is with reference to this particular clause, that we have ever thought it wrong in the United Parliament to disturb at all the essentially complete last Act of the Upper Canada ParUament ; and we repeat advisedly, as a humble actor in the troubled scene, both as a local militia officer and a magistrate, the indisputable fact, that there was then no doubt in the mind of the Upper Canada public , that the Act of 1820, as a matter of course contemplated that ihose who suffered trespasses or injury, whether at the hands of loyal or disloyal, were to be equally indenuiiiied ; and it was with a lurking presentiment of evil inherent in this very clause that we could not at the time help exclaim- ing in the language of the Poet—' Timeo Danaos et dona ferentes.^ I suspect tho Greeks, even when the Bearers of gifts ! the Province have to pay only those caused by the insurgents, and that Lord Sydenham very justly expressed a strong opmion in favour of such an arrangement, at the same time that he stated that on his arrival in Lower Canada, finding that no less than £21,000 had already been awarded by Sir John Colborne to the sufferers in the Rebel- lion, for the greater part of which he had to provide, he had felt bound to bring the ope- rations of the indemnity Commissioners to a close, and to allow the claims they had re- commended to stand over till the financia'. condition of the Province should improve." — An auspicious prospect which was never realized during the remaining brief term of his Iiordship's life and government; and which the " eminent men" in power during the short passive government of his succes- sor Sir Charles Bagot, took good ca^e to leave as far from accomplishment as ever. Such, therefore, was the untoward state of things on the accession of Sir Charles Metcalfe ; and the influence of the same ''eminent" individuals continued for a time to stifle all attempts to bring even the Upper Canada Bill mto operation, though savouring of an undoubted breach of faith on the part of the Government to that Provi.ncet ; until at last the great " antagonistic " rupture of 1844 suddenly dissolved the Radical Com- pact, and, gradually introducing a Conserva- tive Ministry, once more gave hopes of something, at least, being attempted. This, however, was not destined to take place till the following year. But, in the meantime, it is satisfactory to know that this delicate and important object had weighed acutely on the mind of the excellent Sir Charles Metcalfe ; for we notice, in a letter from that Governor to Lord Stanley of TthMarcb, 1844, fNoTE — It may be as we.'l to notice here that the payment of the Upper Canada Rebellion Claims was agitated in Parliament in 1843, but was refused to be entertained by the then Minis- try — the same as now in power — on the plea, that it could not be done without bringing forward those of Lower Canada ; and that at any rate no charge could be made on the Consolidated Fqnd for such a purpose ; but that they were willing (forsooth !) that it should be left to the Municipal Bodiet to pay such looses as they might think proper. urging the claims to indemnification of cer- tain loyal Petitioners of the County of Hun- tingdon in Lower Canada, the following equally strong and feeling expression of opinion I"~iif(5i! ,. rl «.ir. i,'