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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,'ance remained due of £3,613, enacts that it shall be lawful for the Governor in Council to issue Debentures to that amount, for the liquida- tion of the same, under the authority of the before recited acts, &c. All that is now wanting to complete our notices of the progressive Legislation on this still eventful subject, up to the introduction of the lr.te obnoxious bill, is to revert to the proceedings of the Rebellion Claim Commis- sioners, and to state that in consequence of a letter from the Provincial Secretary hasten, ing their decision, that embarrassed board had on the 18th of Febuary, 1846, sent in their first Report, in the outset of which they at once very candidly stated that the v/ant of power to proceed to a strict and regular investigation of the losses in question, left them no other resource than to triut to the aUegations of the claimants, as to the amount and nature of their losses ; and that it was from these data alone, and the general infer- ences which could be drawn therefrom that they covld form an approximate estimate of the sums requisite to cover the amount of damages sustained ; and as the result of their labors they appended a table exhibiting a list of 2,176 persons, claiming no less a sum than £241,966 ; but that they thought about £100,000 would be nearly equivalent to the losses that would bear 'closer examination ; and that in this enumeration they had omit- ted to mention that different sums to the amount of £25,603 were claimed by persons who appeared to have been condemned by the Court Martial established under the au- thority of the ordinance of the special council of Lower Canada, passed in the 2nd year of Her Majesty, and they ooncluded by stating that they had reason to believe that all the claims had not yet been furnished, and that these would form the subject of a supplemen- tary Report. Having ihus completed our retrospect of the various acts passed on the subject of the ''just claims" of the inhabitants of both Pro- vinces^ to indemnification for losses sustain- ed during the " unnatund rebeUvm** of 1837- 8, and demonstrated, we trust, uncontrover- tably« from the words of those very docu- ments, up to the last bill, that the losses of the loyd alone were contemplated, we now pro- ceed to the task of proving from the very construction of that incendiary bill,— without once reterring to the Parliamentt^ry debates, — that neither was the introduction of such a measure forced upon the present ministry by their predecessors, nor was its language or spirit a transcript of those for Upper Canada, as often asserted. In carryins out this intention we at one timb feared tnat we should be obliged to in- flict upon our readers a perusal of the whole cf the rebel paying bill ; but on further con- sideration we perceived that all that would be required to be literally quoted was the long and fortunately somewhat inconsistent preamble, and part of the 3rd, 7th and 11th clauses ; and to these, therefore, we mean to confine ourselves. .,:. ^.i v/-^ -if;) The bill is in few prudently selected am- biguous words intituled, — " An act to provide for the indemnification of parties in Lower Canada, whose property was destroyed dur- ing the Rebellion in the years 1837-8" ; and the following is the redoubtable rambling preamble thereof : — " Whereas on the 28th day of February, 1845, an humble Address was unanimously adopted by tibe Legislative Assembly of this Province, and by them presented to the Right Honorable Charles Theophilus Metcalfe, the then Governor General of the same, praying ' that his Excellency would be pleased to cause proper measures b be adopted in order to insure to the inhabUtmta of that part of this Province formerly Lower Canada, indemnity for just losses by them sustained daring the Rebel- lion of 1837 and 1838;' and whereas on the 24th day of November, 1845, a Commission of five per- son^ was, by his Excellency the said Governor General, duly appointed to inquire into such loatet arisins from and growing out of the said Rebellion; and whereas it appears by the Report of the said Commissioners, dated the 18thday of April, 1846, that ' the want of power to proceed to a strict and regular investigation of tM losses in question left the Commissoners no other resource than to trust to the allegaiions of the claimants, as to the amount and nature of their losses \" Pud whereas, in order to redeem the pledge given to tb? sufferers of such losses, or their bona fide crt-ditoiJ, assigns, or cvamt droit, as woU by the said Aduress of the said Le* gislative Assembly, and the appointment of the said Commission, as by the letter addressed by the Hon. the Secretary ol the Province, by order of the Right Honourable Charles Murray, Earl of Cath* cart, the then Administrator of the Government of the same, to the said Commissioners, on the 27th # 11 lected am- it to proyide t in Lower troyed dur- 37-8»»; and le rambling ruary, 1845, ' adopted by (rince, and by able Charles iinor General ilency would ta be adopted ^ that part of a, indemnity ngtbe Rebel- on the 24th onoffiveper- ud Governor fUo suck loatet lid Rebellion; tof the said f April, 1846, to a sirict and question left than to trust to the amount freaa, in order Itrers of su<^ ieits, or avant the said Le* itment of the Iressedby the )y order of the Earl of Cath- ovemment of ,on the 27th day of February. 1846, it is necessary and just that the particulars of such lostes, not yet paid and satis- fied, should form the subject of more minute in- quiry under Iiegtslative authority; and that the same, S9 far only as they may have arisen from the total or partial, unjust, unnecessary or wanton <2es- trudionof the dwellinp, buildings, property and effects of the said inhabitants, and from the seizure, taking or carrying away of their propaiy and effects, should be paid and satisfied. Provided that none of the persons who have been convicted of high treason, alleged to hare been eommitted in that part of this Province as formerly the Province of Lower Caiiada,since the first day of November, one thousand eight hundred and thirty- seven, or who have been charged with high trea- son, or other offences of a treasonable nature, and having been committed to the custody of the Sheriff in Gaol of Montreal, submitted themselves to the will and pleasure of Her Majesty, and were thereupon transported to Her Majesty's Islands of Bermuda, shall be entitled to any indemnity for losses sustained during or after the said Rebel- lion, or in consequence thereof: Be it therefore enacted, &c. "And it is hereby enacted by the authority of the same, That, for the purposes of this Act, it shall be lawful for the Governor in Council to authorize tte issue of Debentures, payable cut of the Conso- lidated Revenue Fund of this Province, at, or with- in twenty years after the date thereof, respectively and beanng interest at the rate of six per cent, payable out of tbe said fund on such day in each year as shall be u us in succession. Nowhere whatever, must bo the instant re- ply. And surely eqnally littie foundation for such afarago of conflicting quotations as that arrayed in the Preamble can be found in the remarkably explicit language in which the Patent appointing the Commissioners was clothed by that clear-sighted Statesman I Lord Metcalfe. To what polluted source, [then, is thic unhappy act to trace its i bastard origin. We unhesitatingly an- swer,— on the authority of the pre- amble itself, — on nothing anterior to the iwily "address'^ of the House of Assembly, ■founded on the strange correspondence of the IProvincitl Secretary with the Board of Com- missionem. dated 13th December, 1845, so irreconcilable with the langnage and mean- ing of the Commissum app ^mting them, trans- miff cd under the very same cover; and therefore though the former might hare af- forded room for the member of the present ministry, — then in opposition, — taunting their predecessors with an apparent depar- ture from former guiding principles, it could never have honestty warranted either the one political party or the other grounding thereon the introduction of a measure of a totally op- posite character to that described in a deed under the hand and seal of the head of the Government. In fact, though it is much to be regretted that the absence of the Hon. Mr. Daly in England prevented that gentle- man affording any explanation in his place in Parliament, respecting this unfortunate correspondence, there can be no doubt, that independent of the indignaht repudiation of such an intention by other members of the late Administration in the House of Assem- bly, the following sterling language and feelings expressed by the Hon. W. Morris, in the Legislative Council, would be suffi- cient to prove that so treasMP"i«iip«i^^ 12 as his liiiuellnnoy oontidered that (uoHke all form jr sworn Comoiisaionen) they had no power to call for either persons or vapers, and must rest satisfied with saohEviaence(,/j as the Claimaots might prodaoei or as might enable them to form a general estimate of the losses they had suffered ; thus olearlv de- moiistrating that the whole object of th^ Executive was the obtaining of a very gene- ral preliminary estimate of " alleged ** Re- bellion Losses of every description, to form the subject of more minute inquiry here-^ after, if found advisable; and that ths Report of the Commissioners, as was to be expect- ed from neither they nor the claimants or their witnesses being sworn, would, at least, be of a very loose and indefinite character ; or, in other words, reducing the whole of the la- hours of this powerless body — however wil- ling, assiduous, and conscientious might be its men>ber8— to the unsatisfactory drudg|ery of framing a random Hut of VHmd'be claim- ants of every description-' good, bad^ and in- different, loyal, or rebel, just, or unjust !— to be dealt with at pleasure at some future period ; bnt, certainly, so conducted as dear- ly to indicate the very reverse of the possi- bility of any future Ministry being thereby forced to ei^rtain so unheard-of a measure as remvnerming Rebels. Such being the self-evident state of the easel, one would be utterly unable to com- prehend how it was possible for the present Advisers of Lord Elgin, at once, conscien- tiously to shut their eves to the unmistake- able language of a Commission under the hand and seal of the Head of the Government, empowering certain Commissioners to in- quire into losses sufiisred by the Loyal, and, at the same time, perversely cling to the evident misinterpretation of the intent of that high authority by a subordinate Official, unless blinded by some vile and virulent one-sided party purpose, altogether at vari- ance with every former proceeding bearing on the same object. But, like the poison and its antidote, all donbt is at once removed by the "forced " amendment, moved by one of their own party, and now forming the olosins Proviso of tne Preamble, by which the object of the Ministry is distinody de- clared to be, to pay, as "just losses," all Rebel claimants whatever, with the sole exception of the very few individuals who were convicted of " the high treason allioko to Juve been committed," or ** who, having been charged wtHl^ high treason and other of- fences of a treasonable nature, had submitted themselves to her Majesty's will and plea- sure, and were transportea to the Island of Bermuda i ** at the same time that the oath imposed by the 7th clause on the Commis- ■ion«n to be appointed, binds them, with all the precision of " a very Daniel come to judgment," to pay claimants netwer Canada from that losil source, to exchange these for Consolidated Revenue Dobentures of a similar amount, aUhough thereby at once prematurely di- verting the former funds to g^eneral local por- poses, and entailing an additional act of in- justice on the Protestant part of the popula- tion, from whom alone that fund is derived. Leaving to an impartial public to decide how far We have redeemed our pledge of refuting the calumnious assertions put forth by the partizans of the present Ministry, " that their Rebel-paying measure was either forced upon them by their predecessors," or at all *' a transcript of any former Rebellion Claim Bill," we are content to close our desultory retrospect with a solemn avowal of our unhesitating belief that, what- ever may be the eventful consequences of this rash and impolitic movement-^and meet disastrous to the peace and prosperity' of Canada as a British Colony they assuredly will prove, unless our gracious Sovereign shall yet, under Pro«rid8nce>^vert the fatal blow— t0Ao<«i;ernii«/b}r provisions Act, that, not principle so iselves, and ilizing funds sources, not gementalto- vy debt of at ssJy — thrown hiie an extra n the Upper se, it is eyen ularriage Li- nderauthori- 1846, provid- in ^' loyal''' 9m that lorfil Consolidated ilar amount, maturely di- ral local pnt' lal act of in- ' the popula- t is derived, io to decide m pledge of ins put forth int Ministry, re was either edecessors," any former e content to ith a solemn f that, whai- sequenoes of U-*-and most prosperity^ of )y assuredly IS Sovereign vert the fatal V happenf or Ij must be ly rest on the utterly reok- fvtif rt. 7