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TIGER, Appointed to proceed to England, and there to support the Petitions of the House to His Majesty and to the two Houses of the Imperial Parliament. LAID BEFORE THE HOUSE. AND ORDERED TO BE PRINTED WEDNESDAY, 9th JANUARY, 1834. LIST OF DOCUMENTS addressed to the Honorable L. J. Papineau, Speaker of the House of Assembly, by the Honorable D. B. Viger. No. 1 . Correspondence of Mr. Viger with the Colonial Minicter, from the 11th July, 1832, to the 11th Sep- tember, 1833. No. 2. Observations addressed to Lo d Goderich, by Mr. Viger, relative to the E'ecticn ot the West Ward of the Town of Montreal, and to the events of the 2l8t May, at that Election. No. 3. Election at Montrial in 1832 — catastrophe of the 2l8t May. No. 4. Considerations, &c., 3rd Series, on the Sum- moning of Grand Jurors in the District of Montreal, after the catastrophe of the 2lst May, 1832. No. 5. Considerations relative to the actual state of the Government, and of the Administracion of Lower Ca- nada. No. 6. Considerations on the new Commissions for the Peace. No. 7. Lord Godericli's Despatch to Lord Aylmer rela- tive to Mr. Christie, and Mr. Viger's Answer on the subject of the said Despatch. No 8. Letter from the Honorable D. B. Viger to the Honorable L. J. Papineau, bearing date the Gth April, lfe33. on the 21st May, I called at the Colonial Office to com* municate it to you if you had a moment's leisure, as I had promised to do, when I last had the honor to see you. This morning I received fresh information, and it is of a nature to make it imperative on me to beg your Lordship will allow a moment's audience as soon as your Lordship will be able to do so. I beg your Lordship will accept, &c. London, > 11th July, 1832. $ To His Lordship, Lord Viscount Godbrich, &c. &c. &c. D. B. VIGER. Sir, Colonial Uftiice, July \2th, 1832. No. 1. Letter to Lord Goderich. My Lord, Having received some information yesterday on the unfortunate events which occurred in Montrciil Lord Goderich has desired me to acknowledge your I.«tter ot yesterday, and I have the honor to inform you that his Lordship will be happy to see you to-mor- row (Friday) at two o'clock at the office. I have the honor to be, &c. Mr. Viger. CHARLES DOUGLASS. \ Sir, London, &c. l'2tli July, 1832. I have received your Note, by which you in- form me that His Lordship tvill receive nie at the Colo- nial Office at two o'clock. Will you request His I-ord- ship to accept the assurances of my respect — I will not fail to be there at the hour appointed. I have the honor to be, Sec. Cbables Douglass, Esquire. D. B. VIGER. Downing Street, 26th July, 1832. Sir, 1 am directed by Viscount Goderich to nckno.v- ledge the receipt of your Letter of the 17th instant, and to acM]uaint you that His Lordship does not think it necessary at present to make those remarks upon it which it might suggest ; but he would be glad 'f you can inform iiim with what view the Jurymen signed the declaration alluded to by you, and in what light these documents are to be regarded ; whether as having any official and formal character, or as the unauthorised ex- pression of the opinion of the individuals, for in this country His Lordship never heard of any analogo\;s proceeding on the part of a Jury which had separated without giving any verdict. With respect to the concluding part of your Letter, Lord Goderich sees no reason for considering the amount of bM\ required from Lieut. Colonel Mackintosh and Capl. Temple as too small, there being no reason what- ever to suppose they will fail to appear when summoned before a competent tribunal. I am, Sir, &c. establish those facts, in a manner to require that legal proceedings should be taken against them. The course to be pursued in such a case, is not, I apprehend, very doubtful. As to the amount of bail, the observations which I received, and which I transcribed without commenting on my part, were not at all cennccted with any idea of danger that the parties accused would fail to appear be- fore a competent tribunal ; such an idea did not even occur to my mind. Looking at the thing in this point of view, and in- dependently of every legal consideration, the parlies ac- cused could remain at liberty in this respect also, the amount of bail was of no consequence in my eves ; whether it was a shilling or a thousand pounds, no one could dream of such a danger. Nothing more can be rc(|uired to enable His I^^rdship '.o see, how diffeient my views were to those ascribed to me in the observations which you have connnunicated to me on his behalf. His Lordship must have seen, moreover, that tlie conduct of the Public Officers presented nothing very formidable to the parties accused. I hope also that it will not be long before His I^ird- ship will have sufficiently correct data upon these im- portant matters. 1 have the honor to be, With respect. -i.r- r. D. B. ViOBK, Eaquire. !IOWICK. Mt Lobd, Yesterday I received your letter of the 2Gtli, acknowledging the receipt of mine of the 17lh of tliis month, addressed to His Lordship N'iscount (ioderich, and communicating his observations on the subject. In answer to that one of his observations which has reference to the depositions of the Jurors summoned by the Coroner, I must state that it was the form of these proceedings that I had in view, much less a desire to submit them to His Lordship's consideration as a Law- yer. It was a sample that 1 was desirous of laying before His Lordship. If I had chosen to go further, I might have added that the Coroner hadonly summoned twelve Jurors, that he might have summoned a greater number, in order to obtain the verdict of twelve out ol that number; that even before lie cutnnienced the iiuiucst before the Jury, he had been notitiod tliat one of the Junjrs in |iarticular had already finally pronounced his opinion. That liefbie receiving or v er liaving received tliosc depositions, he might have summimed another Jury, and jiroceeded re- gularly uiMJii a new inquest ; that observations had been made to him in this sense in relation to tliise matters ; finally, that it a])peare(l he had taken sucii advices as to induce him to t&ke the course which lie had udopti'd. 1 might have added a great many more (ictails with which It is unnecessary to lengthen this letter. These observations must he sufficient upon that point. But three individuals were killed, the perpetrators of the deed were known, depositiotii without number London, &c. liSthJuly, 1832. D. B. VIGER, The Lord Howick, &c. &c. &c. My Lord, Yesterday, I received from Lord Howick, a letter dated the day previous, and I have today i iisvvcr. ed the observations which he communicated to me on your behalf, relative to the contents of my letttr, ad- dressed to Your Lordshiji on the 1 7th of this iiujiith. Your Lordship will see at once, the reasons which induced me to abstain from entering into considerations which will he a|ipaieiit uf thenistlves, ns soon as I shall have been able to lay het'orc Vour Lordship, a summary of the tacts ((iniRcted with the unfortunate scene of the 21 8t .May, in .Montreal. The Packet by which I expect the continuation of the inl'ormation which I have already received, has not yet arrived at LiverpcMil ; in the mean time, 1 am collecting materials fi 0111 the Dof uniciits htlme inc. 'J'lie [iroceediiigs ol tlie Mii;:istriites of .Montreal, which must have heen Iransniitted at the Colonial OlHce, would be of great inipoitance to mc. I would beg Your Ijonlship would communicate them to me, it would be the means of advancing my hdiour. Few events have occiiricd in Canada n|;on which it is more necessary to throw the jjicatist light for the sake of truth and jn-ticf, and for the mutual advantage of the Mother Country and the Colony. 1 beg His I.ordsliip to receive, &c. &:c. I) 15. MGKll, London, &c. L'sth July, ]>-^2. To His Loid-liip, V iscoi'.vr OoorHKn, Kc. &c. &r. r^. Sir, Dovming Street, Slit July, 1832, I am directed by Viscount Goderich to acknow- Icdgf. the receipt of your letter of the 28th inst. re- qiiei-ting to be furnished with the proceedings of the Magistrates, relative to the unfortunate affair at Mon- treal, to enable you to prepare your observations on the case for His Lordship's consideration, and to acquaint you that as such a course of proceeding with regard to an occurrence which is still the subject of judicial in- quiry is very unusual, and as His Lordship is not aware that any advantage could result by a compliance with your request. Lord Goderich must decline to furnish you with the Documents which have been received at this Department. I am. Sir, &c. upon the spot ; to these proceedings I might have had access when I wished. All the Magistrates of Montreal are on the same footing in that respect. Your Lordship will perceive ray other claims, independently of my mis- sion to the communication which I have solicited. In short, any observations of mine made here, can have no influence on the proceedings of the Courts in Canada. It remains for me to observe, that I may have been wanting, in precision in the observations which I com- municated to Your Lordship in our last interview. I flatter myself that I could give satisfactory explanation on that head, if Your Lordship should deem it neces- sary. I beg Your Lordship will receive, &c. &c. D. B. VioBa, Esqr. HOWICK. My Ijord, Your letter in answer to mine, addressed to His Lordship Viscount Goderich on the 20th July, reached me the day before yesterday, the day of its date. I regret not having had it in my power to ac- knowledge the receipt of it immediately, and at the same lime to submit to His Lordship Viscount Goderich, some observations on that subject which I now take the liberty of addressing to him. I have the honor to be, &c. London, &c. 2dAugUbt, 1832, The Lord Howick. D. B. VIGER, London, &c. 2d August, 1832. To Hia Lordship, ViaCUUNT GODERICU, &c. &c. kc. My Lord, In his letter of the 31st July, Lord How- ick has communicated to me Your Lordship's motives for not acceding to my request with reference to the proceedings of the Magistrates, as they relate to an event which is still the subject of a legal investigation. Your Lordship, I apprehend, will appreciate the fol- lowing observations on the subject. It could not be my intention to lay before Your Lord, ship, observations relative to the grounds either of fact, or of law to be submitted to the Court of King's Bench of Montreal, either for or against the persons liable to be brought before it, in consequence of the death of the individuals who lost their lives on the 21st May. If I took the liberty of pointing out a few facts in relation to this catastrophe, which took place subsequently to the event, it was because they might be considered as being independent of every consideration relative to the ques- tions which might be the subject of discussion at a trial before the Court. My observations can only have reference to the facts, when considered in quite a dillerent view. The pro- ceedings ol the Magistrates connected with this Election, cannot be the subject of discussion before the Courts. It is therefore in this sence, and as being unconnected with judicial proceedings, that these facts can be the subject of observations on my part to be submitted to Your Lordship. On the other hand, the proceedings of which I have re(iuested communication, are those of a Magistracy, of which I am a Member. They were adopted at meetings at which I had a right to be present, and which I should probably have attended, had I been D. B. VIGER. Letter to Lord Ooderich, My Lord, On the 28th July, I informed Your Lordship that I had not yet received the continuation of the in. foimation relative to the events then in question. I re- ceived fresh information on Saturday. I now hope to be able shortly to lay before Your Lordship some obser- vations worthy of Your Lordship's attention. I expect from one moment to the other some papers, being proceedings of the Assembly, and in particular copies of the Bills passed by both Houses, but reserved. 1 expect to have them by "Thursday, the vessel having arrived here. I have also received information upon some other important matters, concerning which, I am desirous of seeing Your Lordship. Now that the Ses- sion of Parliament is over, I should be extremely flatter- ed if Your Lordship would grant me an audience. I beg Your Lordship will accept my assurances, &c. London, &c. 21st August, 1832. To His Lordship, Viscount Goderich, &c. &c. &c. D. B. VIGER. Colonial Office, August 27th 1832, My Dear Sir, Lord Goderich v/ill see you here on Wednesday, at half-past one. I have the honor to be, &c. CHARLES DOUGLASS, Mr. ViGER. Sir, I received your letter yesterday, by which you inform me that Lord Goderich will see me to-morrow, at half-past one. 1 will not fail to be in attendance at the Colonial Oflice at that hour. I have the honor to be, &c. 28th August, 1832. Chs. Douglass, Esquire. A2 D. B. VIGER, Lord Homck's Letter. Downing Street. 8th Sept 18;»2. Sir, I am directed by Viscount Goderich, to acknow- ledge the receipt of your letter of the 29th ultimo, relative to the unfortunate occurrence which took place at Xlontreal, on the JUt May last, and to acquaint you that althoush His Fxjrdship regrets exceedingly the loss of life of three individuals, and the wounding of some others by the firing of the military on that occasion, yet he does not think himself called upon to express any opinion on the londuct of the different parties concern- ed in this affair, until the case which it appears was to have been brought before the regular legal tribunal, in the ordinary course of the Law, on the 27th of August, shall have been inquired into. Lord Goderich cannot entertain a doubt that the trial of the individuals accused will have been conducted with that calmness and impartiality without which justice cannot be rendered to His Majesty's subjects, and that no Jury will have suffered themselves to be influenced, particularly in a case affecting the life of man by those angrj' publications, which have been so extensively cir- culated in the Province, and so obviously calculated to create a prejudice against the accused pereons. His Lordship therefore, at present sees no reason for entering into any discussion on this subject, which does not appec o require any interference on his part. Tlie Government can have no desire to screen the del'nquency of any person, but it is its first duty tukcep itseh' aloof from those party feelings which unhappily appear to be mixed up in this question. 1 am, Sir, Your most obdt. servant, D. B. VioRR, Esqr. &c. &c. &c. HOWICK. Answer to Lord Goderich. My Lord, I regret not having had it in my power to for- ward this Letter to you yesterday. I could have wished to have confined myself to an acknowledgment of the receipt of your's of Saturday last, and to recjuest that you would accept, yourself, and tender to His Lordship, my thanks. The observations which you communicate to me relate to intentions different to those I really en- tertained, when I addressed my communication of the 29th August to His Ijordship. The result hius been a necessity on my part of adding to the e:cplanations al- ready contained in my communication, and in my Letter of the 2nd August on this Ru'jject, a few remarks calcu- lated to remove all doubt in this respect, and which I now take the liberty of addressing to your I-ordship. I have the honor to be, &c. nth September, 18:^2. Tlie Loan Howick, &c. &c. &c. D. B. VIGER. Letter to Lord Goderich. My Lord, I recfived on Saturday evening a Ijcttcr from Fjord Howick acknowledging your receipt of my IasUct of the 29lh August, and communicating to me at the sami; time observations grounded upon intentions and a purpose which your I^irdship ascribcB to me different from those I had, and in relation to which I thought I had already sufficiently explained myself in several of the communications which 1 have had the honor of ad- dressing to your Lordship on the same subject. Since further exj)lanation is the more necessary, be- cause, besides the danger of an erroneous impression un- der similar circumstances, that supposition has already served as a ground to deprive me of obtaining access to papers, the communication of wnich appeared to me to admit of no difficulty. In the first place I did not expect that your Lordship would at present give an opinion " relative to the " conduct of the parties interested, or that your Lord- " ship would enter into the discussion on the subject of " the unfortunate affair of the 2 1 St May, which must have " been brought before a legal tribunal on the 27th Au- " gust in due course of law ;" nor have ( entered into such a discussion. My observations refer to what took place immediately previous to the catastrojilie, or to subsequent parts which I have also presented in tiieir direct relation with these previous parts themselves ; it is by taking things in this light and presenting them in that manner that 1 pointed out my object, that is to say, to shew the pressing ne- cessity which cxi•^tcd of having a clear investigation " upon that event and all that related to it." As to the event of the 2 1st May in particular, many observations which accompanied my Letter of the 29th August, I did not omit to observe, expressly, " that as " the conduct of those to whom the death of the citizens " who were killed on that day, could be imputed, would ." become tlie subject of legal discussion before a Court, " and had confined myself as much as possible to a sim- " pie statement of facts." I even took the precaution to add, " that on that occasion the military acted under " tlie authority of the Magistrates who had required their " assistance." I could not therefore purpose laying before your Lord- ship, in relation to the event of the 2l8t May, the grounds of fact and of Law proposed for discussion before a Court of Justice, as I had observed in my Letter of the 2nd August. It behove me to represent things in their more extended relation to each other, and I believe 1 did so in my communication of the 29th. As to the proceedings which must already have taken place in the Term of the Criminal Court of the 27th Au- gust, at Montreal, I wish they may be conducted ac- cording to those rules of strict impartiality which 1 .im persuaded it is your Lordsnip's desire they should be governed by. 1 think I can state af the same time, that the fears expressed in Lord Godcrich's Letter, relative to the par- ties accused, are grounded upon comparisons which are not exactly applicable to the real state of things in the Province. I Hatter myself, that by means of these explanations, your Lordship will be able to see more distinctly the ob- ject I had in view in submitting the facts mentioned in my Letter of the Hth July. I may have been wrong in stating thcni before having given a statement of the facts which to k place previously, and which are repre- sented in my communication of the 29th August ; if it is my fault, it was owing to my desire that your Lord- ship should he made accpiaintcd as early as possible with facts, the importance of which will not fail to be appre- ciated. It remains for me to observe with reference to the in- vestigation of which I have urged the necessity, that even by abstaining from the consideration of any of the facts except those pointed out in my communication of the 29th August, or which are not susceptible of contes- tation, it is easy to discover those who have an interest in bringing the truth to light, as well as the importance which exists, that the wliole of it should be brought out. I beg your Lordship will receive my assurances, &c. aeeept the uiuranoes of the profound respect with which I have the honor to be, &o. &o. D. B. VIGER. London, &c. 11th September, 1832. To His Lordship, Viscount Godbrich, &c. &c. &c. Dovming Street, 24th Sept., 1832. Sir, I am directed by Viscount Goderich to acknow- ledge the receipt of your Letter of the 11th instant, in reply to the communication which, by His Lordship's desive, I addressed to you on the 8th instant. I am, Sir, Your's, &c. HOWICK. D. B. VioKR, Esquire, &c. &c. &c. D. B. VIGER, London, &c. 24th October, 1832. To His Lordship, Viscount Gooirich, &c. &c. &c. Letter to Lord Ooderieh. My Lord, I now address to Your Lordship, a few ob- servations relative to the subject matter of the audience which was granted to me by Your Lordship, on the 25th of October last. Your Lordship will perceive that tUs new picture is not, more than the owners the work of imagination. The facts which I state are correct, and the conclusions to be drawn can admit of little doubt. I also flatter myself that Your Lordship will feel in ■ome measure indebted to me for having called Your Lordship's attention to those matters ; the importance of which Your Lordship will not fail to appreciate. I beg Your I, Last evening I rcceivi'd your letter dated yesterday, l>y wliicli 1 «n» iiifornu'd ironi instructions from Ltird (jodoricli, that iit'tfr ii laboriuu!) cxuniinntion and otiicr jjroccediniis taken by Jli.s l^ordsliip, and uliicli he has condcscendt'd to coMirnuiiicatc to nie, His ]»r(l~ sliip has thou|;iit propiTto advise llis Majesty to confirm Mr. Stuart's suspension, and tiiat iiis Majesty had been pleased to order a C'ainintssiun appointing another per- son to fill the olHce of Attorney CJenoral. Permit me, my Ijord, to bci; his Lordship, with the assurances of my prul'ound respect, to receive my thanks for this im|)ortant conununication, which 1 shall forward to the Assembly as soon as inissible. I beg vou will receive the assurances, &c. D. B. ViGER, I/)ndon, &c. L'Oth November, 1832. Lord Howuk, &c. iiv. &o. My Lord, Since I had the honor of seeing you on the the 25th of last month, I have received information on several important matters, in relation to which it would be advantageous that I obtained from Your Lordship an audience of a lew moments. It would be the more desirable as 1 should thereby be relieved from the neces- sity of fatiguing Your Lordship with laborious com- munications, which a few words of explanation would render unnecessary, such as has already been the ciise several times since my arrival in England. I flatter myself, that Your Lordship will permit me to renew my thanks, which in my letter to lx)rd Howick of the 20th instant, I had requested him to convey to Your Lordship, acknowledging at the same time the receipt of the important communication which he addressed to me on behalf of Your Lordship, relative to Mr. Stuart. I beg Your l^rdshi'i 'ill again receive the assurances of the profound respect with which I have the honor to be, &c. D. B. VIGER, London ColTee House, &c. 27th November, 1832. To His Lordship, Viscount Ooderich, &c. &c. &c. Colonial Office. 28th, Wednesday. Lord Ooderich will have the pleasure of seeing Mr. Viger on Friday next, 30th, at 4, at this office. Colonial Office, Dvremhcr ]st, 1832. Lord Godcrich is obliged to fix Mr. \'iger's interview for Wednesday next, ut 2, as a Council will be held on Monday. Mr. VioKR. My Lord, I beg Vour Lordship will acce|)t my thanks lor the note 1 received on Saturdav evening, 1 will not fail to attend on Wednesday next, at the hour appointed. I beg Your Lt)r(iship will receive my assurances of the profound respect with which I havti the honor to bo Your Loidship's, &c. D. B. VIGER. lx)ndon CofTee House, 3rd December, 1832. To His Lordship, ViSCOLT.T GODERICH, &c. &c. &c. Letter to Lord Goderich. MvLoRD, On the 1 Ith December I had the honor of addressing to Your Lordship a letter accompanied with a Copy or Duplicate of my letter of the lOth November previous, of which Your Lordship had intimated a desire of obtaining a Copy, the last time I had the honor of bemg admitted to an audience with Your Lordship, on the 5th December. Since that period, and particidarly yesterday and the day before, I received some letters and information re- lative to the subject matter of those ?onimunications and of some others, of which I then had the honor of saying a lew words to Your Lordshij). This circum- stance induces me to desire a moment's audience from Your Lordship, and would beg it were granted to me as soon as Your Lordship's occupations will permit. 1 beg Your l^ordship will receive the assurances of the profound respect with which 1 have the honor to be, &c. '!)" London Coffee House, 13th February, 1833. To His Lordship, Viscount Goderich, &c. &c .&c. D B. VIGER, B. ViGKR, Elsq. My Lord, 1 beg you will accept my thanks for your note of yesterday, by which I am informed that Your Lordship will see me to-morrow, the .30th, at four o'clock, at which time 1 will not fail to attend at the Colonial Office, I beg Your Lordship will receive the assurances of the profound respect with which, Sic. D. B. VIGER, London CofTee House, 29th November, 1832. To His Lordship, Lord Viscount Goderich, &c. &c. &c. Lord Goderich presents his compliments to Mr. Viger, and will be happy to sec Mr. \ iger at the Colo- nial Office on Wednesday, the 20th inst. at one o'clock. Downing Street, Saturday, IGth Fcby. 1833. My Lord, I beg your Lordship will accept my thanks for the note by which I am informed that 1 will be able to see your Lordship at the Colonial Office on Wed- nesday next, at one o'clock, at which time I will not fail to attend. »> .4 I 1)0^ your Lordsllip will receive tlio assurnnccs of tlio prui'uiinil respect with which I have the honor tu br, &c. London Cofl'ee [fouHp, 18th Fchruarv, 1832. To Hii Lordiilii|i, Viscount (iodkrkii, &r;. &c. &c. D. U. VIGER. Mv LOKD, Amon pose of offering some further explanation with respect to the expulsion of Mr. Christie from the Assembly of Lower Canada. In reply, I am directed to inform you that as this is a matter exclusively for the consideration of the Assembly, which in the conduct it pursues with regard to it must be guided solely by its own view of what is just and ex|>edient, and as His Majesty has no power to interfere on the iubject, his l^Ardship conceives that any discussion with yourself respecting it, whether verbally or by letter, could answer no useful purpose, and he therefore begs leave to decline the proposed in- terview, and abstains from offering any remarks on the communication you have addressed to him. I am, Sir, Yours, &c HOWICK. D. B. ViGER, Esqr. Mv Lord, A Letter which I received yesterday from Lord Howick intimates your Ixrdship's refusal to allow me an interview, predicated upon the supposition of my hav- ing requested in one my Letter relative to Mr. Christie. With reference to this subject 1 must state, that in writing my Letter of the 9th, I had no intention of so- liciting an audience from your lordship. I recalled the recollection of my offer to give some explanation on the subject, merely to strengthen my observations on the inutility of entering into details in relation to a question which, as I remarked, it was proper to discuss at the time. If any of the expressions I made use of wc»*c of a na- ture to convey a different impression, I have only to beg your Ijordship will excuse me. WTiatever may be my opinion as to the advantage to be derived from that sort of communications, I lay it down as a rule never to in- terrupt the important occupations of your Lordshij) with- out urgent grounds. Moreover, the facility with which 1 Iwne obtained access to your Lurdsliiji whenever cir- cumstances have required it, is but too ji' ' - subject of J '•^ J !? gratitude on my part, that it iliould not operate db nn inducement not to abuse it. I beir your Lordiiiiip will accept, &c. &c. D. B. VIGER. London, &c. 13th March, 1833. and to nchich is involved in Mr. Hay's obser- vations relative lo other expressions wiiith I made use of. I thought it proper to refer to my previous correspon- dence. I have it now in my powtr to say, that tiiose very expressions are the same which arc to be found in my Letter to the Secretary of State, of the 22nd June, 18.'J3, a few days after my ariivai i;i England, informing,' him of my Mission and requesting au audience which I immediately obtained. They are also to be found in the Resolutions of the Assembly, in virtue of which I acted. I flatter myself I need not point out the couclusions to be drawn from those facts, and will content myself for the moment, with submitting them in their naked sim- plicity. With respect to another observation of Mr. Hay, if I understood it correctly, it supposes that my Mission had reference to one special object only, which has been de- cided by I^rd Goderich. Circumstances of a particular nature, must, I imagine, have produced the error as to the nature, as well as the objects of this mission. It may be that the subject men- tioned by Mr. Hay is the only one to which that Gen- tleman has hr.d an opportunity of directing his attention. It is easy to perceive that my Mission could nut be confined within such narrow limits, and that the subject alluded to in Mr. Hay's I^ .ter itself, though important, could only be, and is in point of fact, but as a secondary object, in the number of those to which 1 was and still am charged to claim the attention and justice of His Majesty's Government, and that this matter was not even spoken of at the commencement. Upon this point it is sufficient that I should appeal to the Letter from Lord Goderich himself, of the 18th Au- gust, 1831, in answer to some of my communications, and particularly to my Letter of the 1 1 th July previous. Those Documents show the thing in so clear a light, that they will, I imagine, do away with the necessity of my appealing to a number of others, among which some are to be fouiid of a sufficiently recent date. I trust that those considerations will be sufficient to remove the present difficulty, and that you will approve of my not having entered into details which might have lengthened this letter uselessly. However, I shall al- ways be ready to afford more ample explanation, and enter into the facts with still more preeiseness, should such a thing be considered useful or necessary. I beg you will receive the assurances of the profound respect with which I have the honor to be Your most obedient ■iirir- And humble Servant, (Signed,) D. B. VIGER. London Coffee House, Ludgate Hill, 17th May, 1833. To the Right Honorable E. G. Stanley, His Majesty's Principal Secretar}' of State fur the Colonics, &c. &c. &c. Sir, Letter to the Honorable E. O. Stanltij. I have again within the last few days received fresh Documents, not only in relalion to the I'etilions already before His Majesty's Government, but also to fresh claims of the same nature set up by the Assembly of Lower Canada, during tiie lost Session of the I.iPgis- lature. Among the latter, I beg to point out tliose which re- late to the Crown Lands, airainst the establishment of a Company with respect to thusc lands ; those which re- late to the Post Oflice, and to tlic demand for the sus- pension of one of the Judges ; one of the addresses re- lates to the Constitution of the Ligislative Council, and incJ.ntr'ly embraces the consideration of the Hill of the A- ..inb J . providin;; for tiie supiilies of the Civil Govern- me.it. rejected by the Council ; and the more so as it seems in a counter address from that Body, to have made the subject of special iciirestntatioii ajj;uinst ihc Asseniblv. ^4 "?^ Laying aside other matters of perhaps a less urgent nature, I trust you will allow mp a moment's audience, relative to those now in question. My services upon the present occasion are required by a Resolution of the As- sembly of the 19th March last, in the absence of a law for the appointment of a Provincial Agent ; the Legis- lative Council not having concurred in the Bill of the Assembly to that effect. I would have annexed a copy of the Resolution to my letter, had I not been informed that the votes of the As- sembly were regularly transmitted to the Colonial Office. I beg you will receive the assurances of the profound respect with which I have the honor to be, Sir, Your most obedient and Humble Servant, (Signed,) D. B. VIGER. London Coffee House, Ludgate Hill, 1st June, 1833. To the Right Honorable, E. G. Stanley, His Majesty's Principal Secretary of State for the Colonies, &c. &c. &c. .> Downing Street, 5i -^ . I will not stoi) to examine the reasons offered in that .\il(lress in support of the demand, that no altera- tion should take place in the ])resent mode of ap|)ointing the .Mendiers of the CoMiuil. I will confine mvself to the observation that the one to which the Address seems to at- tach the most inqwrtance, is that that Branch of the Le- gislature would not be composed of the same individuals, if their ap|.ointmcnt depended upon the choice of the Klfrtors rf the country. 1 will therefore leave it, to judge of flu- im|)ortance of such an avowal under existing circumstances. !• ° . It is painful to me, that in such a Document, national prejudices should have been so frequently ap- pealed to, eve.i so far as to speak of the establishment of a Preiuh Republic in the sense which those expres- sions convey. But, what to think, when such expres- sions arc hut the repetition of those which are to be fo..iid in a Letter addressed to the (jlovcrn r by a Public Olliier, who is under accusation before that House r* (2) They are to be found almost word for word in that Ad- dress, and it is the work of those who make it a crime in the .Assembly, to have refused in th(; same Session, to p;,ss the Bill tn ensure the independeiK'c of the JudL'es in (|Ucstion, and by means of which they would tlieni^elvcs have become the Judges, upon the accusa- (I.) V. Infra, b. 0. ('.') Si(j Ap|)cmlix to llii- lii'st Itoporl of (jrievanccs to llie llu^l^(■ uf .\sse(nbly, in ISJ'.^, piifjes 70 lu 7'J. tioDB brought by the Assembly against that Public Of- ficer. 10°.! must lay aside what relates to me personally in another part of that Address ; however, the complaint that the Council never had official communication of my instructions, deserves one word by way of remark. Nobody in the Province could be a stranger to all the proceedings to which that censure can apply ; this very complaint shews their publicity. 11°. But here is something striking with regard to this matter. In each of the three last Sessions of the Provincial Parliament, the Bill which was pai^'ed by the Assembly to appoint an Agent, remained witl out effect in consequence of the refusal of the Council to accede to the proposed measure. During the twenty years pre- vious, the Council hhd rejected several Bills of the same nature, in which were to be found the names respec- tively, either of individuals of the country, or of persons residing in England. Among the latter may be seen the names of individuals of the first merit, and in particular, on several occasions, that of the late Sir James Macin- tosh. How came it that those Bills were not favourably received by the Council, having to recommend ti^em a name that was associated with every idea of respect and admiration for distin^uishec' ^'^lents, and in particu- lar as regards the Inhabitants ol Canada, with a sense of well merited gratitude ? It must be useless to pursue this examination any fur- ther for the moment ; these are sufficient samples to judge of that address ; the work of men who, neverthe- less, confidently set up the superiority of their education, learning, and origin, as a solid title to exclusive rights and privileges to power over their fellow citizens. Letter to Mr. E. O. Stanley. Sir, 21th June, Besides the objects which form the subject mat- ter of the letters which I had the honor of addressing to you on the 10th and 17th instant, and others of great importance. There are two Bills which have pass- ed both Houses of the Legislature of Lower Canada, during its last Session, which are reserved for the Royal Sanction. If, as it appears to rae probable, you have now any leasure time at your disposal, I would beg you would permit me to see you on that subject. The object of one of these Bills is to establish a Col- lege, which has l)cen sought for since a number of years. As this Bill was not passed without instructions from His Majesty's Government itself, to which application had been made long before that period, I flatter myself that that object will not be susceptible of any difficulty. Another of these Bills is to continue, with some amendments, a law which has been renewed several times and in force since a number of years, but which expired on the Ist May. It provides for the decision of Small Causes, the niiture of which admit of a summary proceeding. Ti.j want of such means of obtaining justice, without being obliged to travel, am' at a mode- rate expense, must entail serious inconveniences throughout the Province. Lastly, the third is to form an establishment offering an Asylum to those females, who having abandoned themst'lves to vice, would be desirous of reproving their morals, to enter again in society with the virtuous habits which they would have ac(iuired in that House. If any doubt existed as to the propriety of those mea. sures, I flatter myself it would be easy to remove them, and shew that their necessity, as well as the .idvantages which they hold out are not problematical, inasmuch as they have already in their favor the experience of several years. I beg you will receive the assurances of the profound respect with which I have the honor to be Your very obedient and Humble Servant, (Signed,) D. B. VIGER. London Coffee House, Ludgate Hill, 27th June, 1633. To the Right Honorable, E. G. Stanley, Mis Majesty's Principal Secretary of State for the Colonies. &c. &c. &c. Sir, Downing Street, 28th June, 1833. I am directec' bj Mr. Secretary Stanley to ac- knowledge the receipt of a letter from you, dated 19th instant, containing some observations on an addresp from the Legislative Council of Lower Canada, to His Majesty, resolved upon in the last Session of the Pro- vincial Legislature, and I am desired to acquaint you that Mr. Stanley must decline entering into any discussion of the subject to which your communication relates. I am, Sir, Your mc3t obedient Servant, R. W. HAY. D. B. ViGER, Esqr. London Coffee House. Sir, On the 20th of June, in acknowleding the receipt of the letter which I had the honor of addressing you on the 17th, Mr. Hay informs me on your behalf, that you must refuse to enter into the discussion of the sub- ject to which it refers. I am unaware of what part of my Letter it is, that can have induced such an intimation. In that Letter, I mentioned the observations which accompanied it in order to point out some of the features of the address in question. I also confined myself in that Letter to the mention of those, as being the subject of important reflexions in a country where such language could be used under such circumstances ; in short as terms of comparison in that respect for future examina- tion, the whole, as I observed, independently of the object of the address itself. With respect to the observations, they pointed out those parts of the address calculated to characterise it in that report, and in order to avoid the danger of in- exactitude, I have quoted verbatim several of those pas- sages which appeared to me deserving of particular at- rention. herefore are they nearly confined to the ex- position of those parts of the address which purport to certain simple facts, the conclusions to be drawn from which, offer no grea'sr difficulty, than the sence of the expressions contained in the passages alluded to. If I have laid a little more stress upon some of the points, it was in opposing to assertions, facts which were not more susceptible of discussion than of denegation. If, how- ever, it were possible that the intimation contained in Mr. Hay's lettter, should refer to the facts which I appealed to, as being susceptible of doubt, I may say that it would be easy to elucidate them. D ■..'•■ U i f 1 1. I flatter myself tluit you will approvo of these observa- tions, the object of which is to aiford the most |)erfcct exactitude rehi( !vc to my oliscrvations, or to my own views in addressing them to you. Ihei; yoii will acce;-' Mie assurances of the profound respect Willi wliich 1 have the houor to he, Your most obedient and llinnble Seiviint, (Signed,) D. H.VIGER. London Coffee House, Ludi;atc Hill, 'Jnd Jidy, \HV\ To the Riglit Honorable, K. (i. S IAN IKY, His .Miijcsty's I'riiH'i|ml Secretary of Mate for tbo Colonies, iScc. &C. Siic. Sir, Leltei to Mr. Hay. I could have wished to have acknowledged yes- terday, the receipt of your letter of the day before, by which you communicated to me Mr. Stanley's answer, to my letter of the 2nd inst. Accept my thanks, which I would have recpiested you to convey to Mr. Stanley, were it not that I have this moment written him a note myself. I have the honor to be, Sir, Your very obedient and Humble Servant, D. B. VIGER. London t'ollc'i' House, Ludjjiite Hill, I'Jth July, 1833. R. VV. Hay, Esqr. ("oloiiiHl Ollicc. Downing ■'^tn it, WthJ.ly, IH.-j:?. In relercnce to your kttci' of llie 'Jiid inst. I am dirccteil by .Mr Si.cn.'lury Stanley to inl'onn ymi (bit as soon as he shall have somewhat more leisure tb.m be can obtain at the [iresrnt moment, be will lie ;.'lail t i li.ive an interview with you, and will personally exiil.un llic view which he takes of y.)ur positiJii in this country. 1 am, Sir, Your most obedient Servant, R. W. II \Y. D. B. Vnii-R, Esqr. London C'otlee House. Lttter to Mr. Stunley. Sir, I reurct that it was out of my piwcr to i^enil you this letter as early ai yesteriiay, and 1k'^- you to ac- cept my thanks for the answer I r. ccived tin- da\ before, tomv letter of the 2nd instant, I'rom Mr. ll.iy, inform- inir me that you would receive me witii |)ltasureas soon as you would be able to procure a little liisure. Convinced as I am, as well of the importance as of the multiplicity of urt'airs wiiicii since some time have engaged your attention, 1 could b;ive wished not to bave disturbed it, by the communicalions which I find my- self under tlie necessity of adilressing to you. I flatter mvself that a few words ol' expla.iution will be suHicieiit, to see, that my proceedings have been directed by a sense of that duty wliicb left Tnc no alternative. Considering the pressim; nature of your occu|)aiions at this moment, I nhall di ier addressing a few other communications to you, so soon as 1 bad intended. I bcK you will accept the assurances of the profound respect with which 1 have the honor to be. Your very obedient and Humble Servant, D. B. VIGER. I/indon Coflee House, Lud^ate Hill, ll^th July, imx To the UiLdit I lonorable, E. (;. Stani.kv, His Maj. ^tv'., I'lincipal Secretary of Slate lor liie Colonies. &c, \c. \c. SiH, Lflter to Mr. i^lanley. If I am right in my conjectures, the weight of your occupations may possibly be diminished. Never- theless, as the number of matters to wliich you are obliged to devote your attention must be considerable, I have considered that you would not disapprove of my reminding you of my reipiest for an interview, which the pressure of business did not permit you to grant me, and wliich I now take the liberty of again soliciting. I beg you will accept the assurances of the proljiuind respect with which I have the houor to be, Your most obedient and Humble Servant, 1). B. VIGER. London Cofl'ee House, Lud^ate Hill, lOth August, 1833. To the Right Honorable, K. (i. .Sta.ni.ky, His Maje.--i\'s l'rinci|)al Secretary of Slate for the Colonies, Sec. &c. &c. .Mr. Secretary Stanley presents his conjiliinents to Mr. Viger, and will be happy to see him on Tuesday, the 2Utli instant, at 12 o'clock. Colonial Ofiick, .tVugust 15. Letter to Mr. fitanley. .31 H, I will not fail to call at the Colonial OHice, on Tuesdty next, at the hour appointed in your note of yesterday, and for whicli I beg you will accept my thanks, with the assurances of the [irofound respect with which 1 have the honor to be. Your most obedient and Humble Servant, D. B. MGER. I»ndon Cofl'ee House, Ludgate Hill, 10th August, |H,3,3. To the Right Honorable, Iv G, SlA.NI.F.Y, His .Majisty's Principal Secretary, of State lor the Colonies, Jcc. S;c. Ike. Sir, I think I have reason to be satisfied with the hope I entertained that a little explanation would have tiie effect of removing many difficulties. I cannot therefore testify my gratitude for the attention which you Imve been pleased to pay to the observations which I com- municated to you, when I had the honor of seeing you on the 2()th and iJDth of last month, in a better manner than by endeavouring to fulfil tiie engagement wiiich I then entered into, I now address you a part of the considera- tions which were then in ([uestion, relative to the state of Lowor Canada. I shall address the remainder to you in as short a time as pos^sibie. At the same time I beg you will cast an eye upon the following observations. They may, in serving as it were, as a preface to those considerations, clearly point out the object and nature of my labour, and otter some new ideas upon the Colonics ; and I flatter myself that you will not consider them alto., gether destitute of importance. Since upwards of two years, I have been in England, charged by the Assembly of Lower Cunada to support its Petitions to His Majesty's Covernuient. They are the demands of a people who claim imprescriptible rights, which morev)ver belong to British subjects, in virtue of the positive Laws of the empire, by birth. It' these were not sufficient, I could easily shew other titles e(nial- iy powerful, both to its justice and lo its protection. Nor was my mission attended at the outset without some success. I could not obtain that success without a necessarily long and painful labour. At this distance from the scene, where the events in ([ucstion had taken place, it became necepsary to enter into details ui'ou each of the circumstances connected with facts, which it would have sutheed to stale on the spot in all their simplicity, So also, I have been obliged to lay aside several mat. ters which it was impossible for me to jjursue, and to abandon for the moment several others which were only broached. Since then, I have met with obstacles which 1 could not foresee ; in tine, events which have recently occurred in the Province, have added several new mat- ters to those to which 1 wii; obliged-to devote my atten- tion, and have rendered them still more complicated than they were before. A mission alniidy painful, has become overwhelmed with fresh dilhculti'.'s ; sufKeient to alarm my hopes, were they not supported by the justice of the cause which 1 defend on the one band, and my confidence in His Majesty's (lovcrnment on the other. I also rely upon the justness of the views as well as upon the knowledge of Ministers. Hut their task will not, peibaps be without ditKculty. Every day brings Iresli complaints from the Colonies. The attention which is paid to the subject of their demands, seems only to produce fresh subjects of com|)laint, in addition to numerous grievances. They reijuire serious examination. Time especially is recpiired ; Ministers cannot always have time to plunge tbeniselves into the detnils ot atlairs, which by those very details, multiply and accumulate, and become more and more compiicaled. Added to this, that they do not possess that medium of comparison calculated to serve as a clue in that labyrinth, in con., seipience of the dirt'eicni'e in the relative s<:iU's ol' society between that portion of America and il:. other peoples of Europe. 'I'lie consideration of one circumstanee in particular, may at first inspire reasonable prejudices auaiiist the complaints of a country, the increase of which would seem to attest the wisdom of those to whom the ad- ministration of the (joveriiiiient is entrusted. How is it possible to avoid disilaining complaints the futility of which is demonstrated by that single fact. I do not think you will disapprove of my offering a few observa- tions calculated to reduce those cjueations to the most simple form, and exhibit them in a correct point of view. The difference which exists between the state of Socie- ty in Europe and ours, is an undeniable fact. But there are others less known, the consideration of which is essential in relation to the subject under examination at present Let it be observed, in the first place, that the Law ought to be the expression of the general will as well as the result of a consciousness of the public wants. The first car;: of those who are charged with the adminiutra- tion of a Government ought to be to apply themselves to obtain a correct knowledge of the former in order to second it ; the others, in order to provide for it. The idea of seeing those to whom such a care is entrusted, having views and interests constantly opposed to those of the governed ; and to make that opposition the basis of their conduct, would be that of the subversion of every principle upon which the happiness and good order of society rest. Considered in this light, Lower Canada presents a strange spectacle. It is that of a country in which nearly all the constituted authorities have been and still are in constant opi'osition to tin: I'opidar Hranch of the Ciovcrnment ; and such' a state of things, in the Colo- nies, is perhaps not altogether peculiar to that Province. It must also in the second place be observed, that in England the King's person alone is inviolable. He is not responsible for the faults or errors of his servants. When they are of a na re .o produce just complaints, he is not precipitated .'"• .lie Throne, in the expectation that they will be hushed, at the same time retaining in ollicc those, who by the advice which he was bound to fol- low, have led him astray. Even admitting that such means were adopted to restore harmony, his succe-sor would not doubtless be compelled lo be surrounded by the same men, to submit to the same advice, to pursue the same course of conduct, and finally to abide the same lot, leaving them still to retain the chair ofoHice. And this is what really exists in Canada. He who holds the reins of Government is responsible for his errors, and so it should be ; but he is in point of fact the only one. Those who lead him astray are invested with that degree of inviolability which is only attached to the King's per- son. With few exce|)tions, and so rare iis to confirm that species of rule, they have always up to this moment, been able to retain their places and situations with im- punity, wiiile be has lost his. One may ask at the same time, if it is possible, that that Province or any other, can he placed in that anomalous situation ? This is the (piestion which it is proper in the first instance to elucidate, because its solution would afford that of all the difHculties which daily present themselves in discus- sions of this nature in rel.ntioa to some of the Colonies. 1 have therefore considered that considerations support- ed by facts, calculated to produce a conviction that such is in fact the state of things in the Provinse, in that respect, would be productive of a salutary effect. To ac(|uaint His Majesty's Government with the true source of the abuses, which provoke the complaints m (piestion, is pointing out at once, the means of render- ing to the inhabitants of those Colonies, and to the Canadians in particular, that justice which they expect at its liaiuls, and which it has already manifested so great a desire of doing ; in short, of conformiin; to the honest wislii's of a people whose hopes, it can luither be the interest or intenti m of His Majesty's (iovernment to frustrate. Those considerations will be sufficient of themselves to refute the objection which has just oc- cururred to me, t()unded up-on the progress of those Pro- vinces. Whilst the resources of those Colonies have a tendenev todevelope tbeniselves with that rapidity which is ineident to liie vigour of vouth in nations as well as 1) ■_' il in individuals, and that every thing daily assumes a new form around those to whom power is confided ; in short, that society is making ra|)id advances, they seem as if they were desirous of checking its progress, and remain at least, stationary ; tiiey do not i)articipate in the wants of the body of the people, nor feel them to the same extei\t They have not the same interests, but on the contrary, it will be seen that they have interests adverse to those of the people. If in tine, they acknowledge the necessity of providing for them, they can very seldom agree with the body by which they are represented, as to the means. Those wants having increased the necessity of providing for them becomes more and more imperative, and their resistance increases in the same proportion. Elsewhere, the weight which public opinion would throw into the scale of deliberation, would be sufficient to vanquish that resistance, but nothing can be done against a power which exists there without another to balance it. It becomes necessary to appeal to His Ma- jesty's Governmeut, but then, new obstacles arise, and so far, they have almcst invariably proved insur- mountable- Ministers must be disposed to protect the Officers of Government, whilst they cannot be so, to behold before hand, with a favourable eye, accusations brought against them. Moreover, the latter can take the lead, and re- present things in the light which offers some chance of success The very gravity of the subjects of complaint ; their improbability may turn to the advantage of the party accused. How can it be thought otherwise, than that those accusations L.e, as they must represent them to be, the offspring of the passions, allied to pro- |)ensities of a seditious nature, and to a desire of burst. ing the bonds of union between the Colony and the Mother Country. On the other hand, by their all power- ful veto, they have been able constantly to reject any proposed Law, having for its object the appointment of agents to represent and support before His Majesty's Government, the interest.^ and claims ofa people who pay ihe duties and vote the monies, out of which they live in opulence ; whilst, without any legal authority, they have put their hands into the public purse to in- crease the salaries of such among them as they thought proper to send to England, to defend their cause against the people itself, before His Majesty's Government. If I do not speak of the person who holds the reins of the Provincial Government, it is because in fact, with such a state of things, unless endowed with extraordinary talents, or that extraordinary circumstances occur, he either is at once.or eventually becomes an instrument in their hands. I ought not to mention this subject which I have already treated in some of my previous communica- tions, and in particular, inmy observations in reply to the answers which were given to the accusations brought by the Assembly in 1831, against the Attorney General. I ought to avail myself of this opportunity to shew that the faults which have become the constant subject of complaint by the country, were incident in general to defects in the organisation of some of the essential parts of the Government and of the Administration of the Pro- vince. The present considerations are little more than the deveioiiement of those which are already contained in those observations in this jiarticular. (1.) But if no alteration has tukcn place in the country in this respect, it is to be considered lliat such a state of tilings is not more calculated to (juict the apprehensions of the Canadians for the future, tliat it was heretofore to inspire them with feelings of security. It is also in the nature of things, that whilst good is operated but slowly, evil always makes rapid progress. (I.) Sfp ill pHHicular, rcca|iitiilaliort them during the course of severe trials to which their fidelity has been often put. It is to that feeling that tiie Mother Ccuntry is indebted for being the only nation in Europe wliitii still retains possessions on the continent of North America. I am one ol'those who have fostered sucii a feeling by the assurance tlmt they would finally obtain the reparation of those wrongs which are tubs attributed to the individuals inau. tliority in the Province. I cannot conceive that that so- lemn and reiterated assurance, at a critical period, made with a view to strengthen the sense of that duty which they have so constantly respected, should assume in their eyes the character of illusion, that they should, as it were, be compelled to look upon it as imposition upon their good faith when an appeal was made to their honor. Before terminating this letter.I must beg you will over- come that first impression of disgust which the aspect of such a picture of ditformity asis represented in this sketch, is calculated to produce, that you will equally repress that feeling of honest indignation at the aspect of what may have already or may hereafter consider as stamped with tl.e most revolting improbability. I will undertake to say that a strict examination will convince you that every thing is stated with the most perfect accuracy, and that the certainty of the facts can defy the most stub- born scepticism. I must also solicit your indulgence, as to the style as well as other points of composition which might strike you in this letter. The art of^ writing is not one which I might have cultivated with success, even though I had possessed the talent for it, much less that which is fitting for this species of communications. On the other hand, should any of my expressions appear to you to overstep the bounds of energy, 1 would beg you to suspend your judgement in this respect. After view- ing the tacts altogether, to which they relate, and con- sidering them in their connexion with one another, it might be jKissible, that placing yourself in my situation, you would give me crec'it for some moderation. In short ,1 beg you to observe, that at tlii.s moment, I am in fact only presenting you with at-ketch. In selecting the facts, I will confine myself to some of the most im|Kir- tant among those which have occurred in the Province since a little more than three years. If there are any of a more recent dale, it is because the consideration of both together is absolutely inseparable. You will then be able to judge of the subjects for reflexion, which the details and a less restricted compass of narrative would ofler. I beg you will accejit the assurances of the considera- tion with which I have the honor to be Sir, Your most obedient and Humble Servant, D. B. VIGER. I^mdon Coffee House, Ludgate Hill, 2nd Seplcinbcr, I«3;j. To the Right Honorable, K. G. Stanlky, His Majesty's Principal Secretary ot .Slate for the Colonics. &c. &(:. &,-. Sir, I now address you a few of the considerations intended as a sequel tn those which nccoinpanied my letter of the 2nd instant. Since that period, I have read over the first. Among the reflexions which they sug- gested to me, I think you will approve of the following : In my letter, I begged you would guard against those feelings of indignation which the improbability of several features which that sketch presented, was calculated to produce at the first blush. A-nong many others of a nature to produce that effect, the statement as a fact, re- lative to the Election of Montreal, that the intervention ot an armed force to act Against the citizens during the Election of a Member of the House of Commons might be resorted to without its being called for by the most imperative necessity, must have appeared to you more than temerity ; to go so far as to say that it was under imaginary pretences, at least the repetition of a calumny which was refuted by its own coarseness,, and could only turn to the confusion of its echo. You will, perhaps be surprised to see me choose that very feature itself to enable you to form a judgement ; appeal to it with confi- dence, and beg you will immediately give it your particular attention. In reference to what these observations refer to, I beg you will observe, that the Magistrates who seem to have taken the most active part, and at the same time the most mischievous in its importance, gave to the Com- mandant of the Garrison, before leading his troops to the place of Election, the reiterated assurance " that the " Civil authorities had received llie most positive informa' " tion, that a plan had been formed to tire the Town arid " Suburbs of Montreal in several places, in order to " divide the troops in different directions in small num- '• bers so as to overcome them more easily." This declaration, than which none can be more formal, made unf^er circumstances of so serious a nature, came from a N..if;istriite, who had been directed the day before bv his brother Magistrates to apply to that officer, to re- qiiire from him the iHsistnnce of the troops. This Magistrate \v;is near him as well when he niaiched the troops, as wlicn they tired at the citizens. He was after- wards directed by his brother Magistrates to report to the Governor, the circumstances relative to that event. In fihort, he .nade a written affidavit upon the same subject. Nevertheless, as you will find it noticed in these observa- tions ; that [Kjsitive information, the subject of a repeat- ed declaration, so solemn, so impressing, still remains to be shown. That Magistrate himself has been per- fectly silent himself on that subject, as well in the report as in the deposition in tiuestion. I don't think it neces- sary that I should go any further to justify myself in having pointed out this matter as being worthy of par- ticul;u' attention. A recent event, whose connexion with those to which these considerations apply, appears to me to require a few remarks upon the present occasion. I learn that the Commission of the Peace, which issued under the administration of Sir James Kempt, has just been an- nulled and a new one issued. 'i'he names of the two Magistrates who opposed the measures adopted by their brelhern last year, relative to the Election, are omitted in this ti«« Commission. With- out reference to the motives, or explanations real or sup posed, given in relation to this omission, or to fresh appointments, and other circumstances to which it might be useful, perhaps necessary to give a moment's exa- mination ; I will only add, that froni what has already been said in the country in that respect, during some of the previous administrations, it is manifest that the inhabitants of the country cannot be indiflferent to measures of that nature. If the communications which I now address you are not already voluminous, 1 should have thought it ex- pedient to remove at once a difficulty which might offer, and apparently militate against the observations con- tained in the previous considerations relative to the com- position of the Legislative Council. For the same rea- son, I abstain from communicating upon other parts of the present considerations, remarks which might be useful. I will not terminate this letter without begging you will excuse the length of this communication, as well as the defects which may occur in the composition. I flatter myself that the multitude of facts which it was necessary to point out, and the complicated nature of the subjects treated, will induce you to consider it with that indul- gence which 1 have already solicited in my letter of the 2nd inst. 1 beg you will accept the assurances of the profond respect with which I have the honor to be, Sir, Your most obedient and Humble Servant, D. B. VIGER. London Coffee House, Ludgate Hill, 10th September, 1833, To the Right Honorable, E. G. Stanley, His Majesty's Principal Secretary of State for the Colonies, &c. &C. &c. Mr. Stanley's Letter. Mr. Stanley presents his compliments to Mr. Viger, and will be happy to see him to-morrow, at two o'clock. Colonial Officb. Sept. 11. Sir, Letter to Mr. Stanley. I have this moment received the note which you have done me the honor of addressing me, by which you intimate the desire of seeing me at the Colonial Office to-morrow, at two o'clock, at which time I shall not fail to attend. 1 beg you will accept my thanks, with the assurances of the profound respect with which I have the honor to be, Sir, Your most obedient and Humble Servant, London Coffee House, Ludgate Hill, 1 1th Sept. 1833. To the Right Honorable, E. G. Stanley, His Majesty's Principal Secretary of State for the Colonies, &c. &c. &c. D. B. VIGER. E it No. 2. OBSERVATIONS nddreBged to Lord Goderich, by Mr. Viger, relative to the Election o( the West Ward of Montreal, and to the events of the 2l8t May, 1832, at that Election. My Lord, I had the honor of seeing Your Lordship on Friday, and I was obliged to devote the following day to finish my letters for the Packet from Liverpool to New York. Since then, I have carefully examined the nnmerous Documents which I have received. They are not yet complete. 1 will receive the remainder very hhortly , a statement of facts, even by confining myself to those most important, will require tinie and labour, to entitle it to the essential merit of accuracy. In the mean time, ^ere are facts which Your Lordship doex not appear as yet to have been acquainted with, calculated to j'lstify a part of the observations which I cutimiunicated to Ycur Lordship. Your Lordship already knows that tliroc individuals were killed and several wounded on the "J 1st May, the day on which the Election terniiiuilcd. I will leave aside for the moment all that took place antecedently. After that event, the Coroner proceede(l upon an intjuest which lasted several days. A great many witnesses were pro luced and hcaid. The Jury after deliberating a day iMid a night, returned verdicts as follows : nine out of the twelve : " That the individuals " Franij-oi- Languedoc, P. Billet and Casiinir Chauvin, " were killed in St. James Street, in tliist'ity, on Mon- " day last the 21st instant, between the hours of five " and six in the evening, by a discharge of musketry " fired with Ball upon the people who were retiring after " the adjournment of i'f Poll, in the said St. James " Street, by a detachm( nt of troops of the I.')th Kegi- " ment, now in Garrison in this City, and which wns " then commanded hj Colonel Mcintosh and Captain " Temple." The verdict of the three others was : " That the individuals Franrois Languedoc, Pierre " Billet and Casimere Chauvin wore killed on " Monday last, the 2l8t instant, betuciii the hours of '• five and six in the eveningi in St. James Street, in " this City, by a discharge of musketry fired with " Ball, by a detachment of the l.'ith Hegiinent, in (>ar- " rison in this City, and eommandad by • oloncl .\1cln- " tosh and Captain Tem|)le, in conserjuence of a Riot, " after the adjournment ( f the Poll, for the KIcciion of " a Member for the West Ward of this City, wliicli was " held near the houi^e of the Kabri<|ue, facing the Place " d'Armes." These verdicts were given on the 2fith of May. Subsequently to these verdicts. Colonel Milntixh and Captain Temple were brouirhl bet'ore the Chief Justice and another Judge of the Court of King's Bench. The parties accused had been arrested by a Warrant from the Coroner, after the in(picst. Before their arrival, .Mr. Gale, their Counsel, was in the Judges' ChaMil)er. Seve- ral other persons went in. Mr. Sewell, one ot the Kin;;'s Counsel was called in. Some one observed to the Judges that .Mr. Sewell, the day previous, had had a long con- sultation with the accused, and that he could not there- fore act in his ca|)acitv of King's Counsel it) that afiair ; that there were other King's Counsel and that they should be called. Mr. Sewell stated, that he had certainly been consult- ed by the parties accused, but not .ince they ha I been arrested ; that no one could know wh;.t the result of the inqueit would l.-e, that they had ajiplied to him because they had acted only in 8uppi,rt of the Civil authority, and that they thought it their duty to assist in main- taining it. The Chief J\i8licc stated that it was reasonable that the two other King's Counsel, Messrs. O'Sullivan and Quesnel, should be called in. Mr. Gale at the same time was proceeding by Habeas Corpu.4 to obtain the enlargement of the aci used, and re(|uested that they should be admitted to bail, pending the decision, for their appearance on a suhseipient day, which was granted. The amount of Bail was a thousaild pounds lor each of them. On the following day, the two King's Counsel O'Sul- livan and Quesnel re(piested a delay of twenty-four hours to examine the papers, another adjournment took place, in the mean time the Civil Term of the Court of King's Bench was approaching. On the 3Utb May at 12 o'clock, Mr. Ogden the Solicitor (Jeneral, having arrived Iroin Quebec, arrived in the .fudges' Chamber, where there were two Judges, the t;hief Justice Reid and Mr. Justice Pyke. Mr. Kol- land wes holiliiig the Interior Term, Mr. Uniacke wuu at Halifax, on leave of absence 'I'he Chief Justice on seeinii Mr. Ogden, before the arrival ol Mr Quesnel, to whom the |)apcrs had been given, said : Mr. Solicitor General, the dccixiun of Ihii Cnitsp has (ilrcdfti/ lifen (hUiyed Inj sereral adjournmenls ; it is desirable that it should terminate, have you any thing to say ? Mr. Ogden answered : I arrived this morning. Ai yet I know n'jlhimj of an affair which has been put into my hands by the Executive. It has deputed me ui order that J may become perfectly master of the subject ; couseuuently I nf/uire delay, I wilt be ready to yive my opinion in Court OH Friday, the first day of term. 'I he Chief Justice rejdied : The first day of the term might not be cf .nvenient, let us say the second. It is stated that during that interval, Mr. Ogden had several conferences with Mr (Jale, the Counsel of the accused. I leave aside details which might have their importance, to relate what took place in Court on Satur- day, the i!nd of June. On that day, the Judges Reid, Pyke, and Holland went to their Chamber, .Mr. Gale and the Crown Officers went into the Advocates' Room. Several communica- tions took place between the two, and at the very mo- ment the Judges were going (Ui the Bench, some one askeil .Mr Gale if there would be a Imig argument ; the latter replied, no, iV »'* all arranged, I uili give Bail and there shall be no argument . When the .luilges bad ascended the Bench, the .Soli- citor (jcneral and the three King's Counsel being seated near the table, and Mr. (Jale on the first row of seats Iwbiiid, the lollowin;^ dialoL'tie took |)lace : Till' Chief Justice, — .Mr. Solicitor (ieneral, this ap- plication (or Habeas Corpus has been already several times adjourned. If you are ready to proceed, the sotuier ibe better. Sdl. tieni — I am ready, but the parties arc absent, they are sent for, as soon as they shall appear, 1 will proceed. .Mr. Wall.er went to Mr. Ogden and asked him if he coiicmrid in the opi .ion of Mr Sewell, King's Counsel, above mentioiied, who bad lel'used him ail conimunica- tion of the depositions taken in favor of ihc parties accused, which diil not form part of the Coroner's In- (jiiesl, and wbelbcr he would permit bim as Counsel of the families, the members ot whom bad been killed, to say soinethini; against the application of the accused Mr. (J_vlen replied. So >Sir, 1 rtrtainty ut!t not pvrmitit, unless you supercede me as Cecum (Jj/icer. ■^^ About ten minutes afterwards, the accubed with their Bail, and several friends arrived. A fresh dialogue took place in Court as follows : Sol. Gonl. — I have read with care and attention a very large heap of papers, and looked to the Law applicable to the case. Before proceeding in the case, I have only ons i|uestiun and a very simple one to put to the learn- ed Counsel for the prisoners : D^ies he recpiire absolute or conditioni discharge. Is he willing to give Bail ? Mr. Giile. — I believe that the gentlemen whom I re- present are entitled to absolute, unconditional d charge. Tliey have been called by the (/ivil Power to support its proper authority. Tiiey had no discretion to exercise. Yet as they came of themselves to surrender as soon as they heard ol a warrant against them, they have no ob- jection now to come and give Bail, and thus prove that they ratner court than shun further enpuiry. Sol Genl. — Since they are ready to give Bail, I must acknowledge in justice to the prisoners, that i see not on the part of the Crown any obligation to support the imputation and charge of the crime alleged. 1 will ask Hail for th> ir appearance on the 27th of August, them- selves in 200 pounds, the securities in I DO pounds. The Chief Justice. — The Court saw neither doubt nor difficulty in the case. The parties are entitled to that Bail which the Crown Otlicer has mentioned. I believe I can rely upon the correctness of this in- formation. This is all that was said and done in Court on the 2nd of June. I will not permit myself any re- flexions, but I must state as a fact that these latter pro- ceedings appeared more than summary. Among many other remarks to which they gave rise, it was thought it would have been but just to have stated the grounds of so important a decision, relative to an accusation of that nature. Considering also the amount of Bail ; that which was reijuired in 1827, from two individuals ac- cused of libel, and which is mentioned in the report made to Sir James Kempt by the Attorney General in 1828, was mentioned In that report the distressed cir- cumstances of one of the accused is urged. The amount of Bail recpiired was a thousand pounds each, with two securities of five hundred pounds each ; that is the highest amount that can be required in the country, con- sideiing the extent of the fortunes. I have omitted all the antecedent facts as well as the circumstances cal- culated to give a relief to those facts. I consider them sufficiently important of themselves to deserve a par- ticular attention, and sutJicicnt to justify some of the observations which I communicated to your Lordship on this subject, until I should have more to offer. 1 beg Your Lordship will receive the assurance of the profound respect with which I have, &c. D. B. VIGER. London Coffee House, &c. irthJuly, 1832. To His Lordship, Viscount Goderich, &c. &c, &c. To His Lordship Viscount Goderich. My Lord, Blood has been spilt in the streets of Mon- treal, on the 21 St of May last. Three of its inhabitants have been killed, several have been wounded. It has been spilt by a Company of a Regiment in Garrison, and it is the blood of those who but recently rivalling the army, repelled from their native land the enemies of F.nghind who had come to invade it. The Military who witnessed their conduct on that occasion, can say wheth. r those citi/en soldiers shewed themselves unwor- thy of that esteem which is due to valour and patriotism. It was during the Election of a Member to represent them in our House of Conmions that that event occurred which threw the Province in mourning ; it was also in one of the two principl towns of a country, where the class of proprietors, so numerous in Europe, is still less so than in any other part of North America, and where real property is more equally divided than any where else. Magistrates presided at this sacrifice of the life of their fellow citizens in the midst of a people remarkabb d r their peaceable habits, and their submission to the Laws, united together by close and numerous ties, upon whose heart the impression wMth such a catastrophe is cal- culated to make, must be deeper and more painful. These considerations are sufficient to shew the press- ing necessity which exists for a clear examination into that event, and all that relates to it. (,'onvinced as I am of the difficulty which exists, with regard to those who are strangers to the country, to form correct ideas on this subject, I have thought proper to address a few ob- servations to i ur Lordship on the subject. I should have w ished to have confined myself within a more narrow compass, and limited myself to remarks upon the proceedings of the Magistrates which have been transmitted to the Colonial Office, at the same time point- ing out such facts as might have been omitted, provided they were important ; but in the first place I am ignorant of what the proceethngs are, and the facts to which they relate, that have been laid before your Lordship, and after having myself pointed out some facts subse- quent to that catastrophe, I saw that I should not con- fine myself to the s'atementof isolated facts ; that it was my duty to give the principal features of the drama ; to represent them intheir connexion with one another with the conclusion (denouement). I was obliged to analyse a number of Documents, to get at the necessary facts, to put them in order, to com- pare them several times, so as not to expose myself to inaccuracy. I was obliged especially to enter into details which the communication of those proceedings of the Magistrates would have rendered useless. These precautions were the more necessary as on this occasion, as on many others, many of the facts which I had to submit to your Ix>rdship, might at the first blush present appearances of the most striking improbability. Under those circumstances, it is sometimes difficult to the one who invokes them, to remove the prejudice which arises against him, lest he should be liable to exaggeration proceeding from error and passion. That individual is fortunate who is free from the suspicion of preconcerted inaccuracy, even from the imputation of calumny. He has also to apprehend, lest prejudice siiould operate against those in whose favour he claims the attention of Government, and that the faults which are attributed to him should be imputed to llii- inhabitants whom he repre- sents ; lest their complaints should be considered as the fruit of unicasonabtc discontent j as the cry of sedition. I do not speak of the results which may aflect the indivi- dual, however serious they may be for him. It was there'ore indispensable that I should enter into a detailed explanation. I must, however, say that I have laid aside all those circumstances which are not evident- ly connected with the main subject. I (* E2 I beg you will accept the nssurranccs of the profound respect with which I Imve the honor to be Your Lordiihips Most obedient and Humble St. vant, D. U. VIGER. London, &c. 29lh Auguit, 1832. The number of MngiAtratei in Montreal i« somewhat more than tweiuy. A few of them were absent. At the meetings which thry had relative to the Election, the createst number that ever met together was sixteen. Four of the number arc Lcpsliitivc t ouncillois, appoint- ed previously to this year, two of which have hten re- cently appointed. In tlieir capacity of Magistrates, they constantly attendi-d, and took a part in the deliberations relative to that Election, these Councillors amounted to a fourth, sometimes to a third of the Magistrates present. — ^— — At one of the meetings, it will be seen that out of ten Magistrates, five were Councillors. Being called upon to give an outline of the principal It will be conceived, that Ihos*- of the Magistrates who circumstances which took place at Montreal, at the Elec- in the Ix-gislative Council had taken part in the delibera- tion of a Member to represent its citizens in the I'lo- tions which terminated in Mr. Tracey's incarceration, vincial I'arliatnrnt, in so far as they relate to the dreadful could not be the most favourably disirased towards him. catastrophe whiih accompanied it, it is necessary to give They could exercise on their brother Magistrates, Coun- B statement of the facts which preceded it, calculated to ci Mors or not, an influence which partook of their feel- exhibit the chain of events. For the same reason it is ings towards that Candidate. also necessary to point out the principal actors who took Add to this, that several of the Magistrates wlio com- apart in that tragical scene I shall not name any of jiosed those meetings were known partisans of Mr Bngg, them, except the twoCandidates, because that ii» unavoida- the Candidate opjmsed to Mr. Traccy, and exerted a more ble, and nnreoveris liable to no inconvenience, the one than ordinary activity in the steps they took against him is Mr Traccy. the nanu- of the other is Bnj; cev, (I.) is a well informed man, who has been carefully educated. With respect to .Mr. Ihifrt.', in a long com- munication inserted in the Newspapers, signed by five citizens of .Montreal, I.e is recoinniended an a man pos- sessed of knowledge and experitncc in agriculture, having a practical and theoretical acquaintance with the internal communications, by the latter expression is meant roads, according to the usage in the Province. One could imagine that this knowledge of auriculture and roads, would not be the most powerful motive to oftVr to the enlightened citizens of a Commercial Town in England, to the nobility of the place, to the Magistrates, to induce them to unite in their eflbrls to procure to aCan- didate a seat in the House of Commons, in order to ex- clude a rival under the same circumstances. Mr. Tracey is one of the Editors, who during the last Session of the Provincial Parlipment, wjis incarcerated by order of the Legislative Council, as being guilty o( in- jurious libels against that Branch of the Legislature, by reason of writings published in their respective papers. That measure produced in the Province a sensation the more lively, as the House of Commons of Lower Canada, or its Members, have since twenty years been constantly as«ailed by writings at which the administra- tion of the country has never appeared to take umbrage. Let us now see what this Magistracy was, that took so conspicuous a part in that Election. As to the power of tho.«e who com|)ose it, it is neces- sary to state in the tirs-t place, that besides that power which belongs to all Magistrates, they were in the * ily of Montreal at the time of the Election, the only persons authorised to expend the monies levied on its citi/ens, for the opening and maintaining of streets and pub.ic places, and other objects of that nature. Those who pay those taxes, had not the slightest share in the adiiiinistra- tion of the proceeJs. 'J'he Police ol the 'I'own was also under their controul, it was they who made regulations, and who moreover received the compainls and judged those who were prosecuted tor infraction of those regula- tions. There is a night Watch in Town. It, and the Otticers attached to it, are under the direction of those Magistrates, who have also at their command, when they wisiii it, a great number of Constables who are appointed every year at the Quarter Sessions, and scattered in Town throughout the ditt'eient Wards. It will be seen that the Magistrates do not lack in authority, and that their means of influence are extersive. Mr Tra- during the Election In fact, it is almost imjiossible not to see that the majority of the .Miigistratcs were opposed to Mr. Tracey's Election. A few days before the Election, there was a meeting of the citizens, at which the choice of a Representative was canvassed. Mr. Tracey was named ; a .Magistrate who was pa-sent endeavoured to dissuade them from their proposal, a discussion ensued of a nature to crcato ill feeling and he failed. This Magistrate afterwards showed himself one of the warmest partisans against Mr. I'racev, and also took an active part in the deliberations of the Magistrates re- lative to that Ekcliuii. He carried his zeal so far as to make his wife vote, and then afterwards vote himself fur Mr. fiagg, in opposi- tion to Mr Tracey. (I.) Another of these Magistrates had been named at a meeting of the citizens, as being entitled to the pre- Icrence over .Mr. Tracey, and this .M;i^istratc also took ail active part in the proceedings of his brother Magis- trates relative to that Election it is entirely foreign to the present purjiose to sound the intentions ol the Magistrates, it tvas however, neces- sary to i)oiiit out some of the facts vvliich alone can ex- plain st'veral of the events which have to be accounted for Tliose among the .Magistrates who were engaged in those scenes, could not very well pos.sess that degree of calmness, without which strict impartiality cannot be expected. 'i"he Election commenced on the2.')th of April. .Several of the Ma^istratt'(. reinaiiud at the Hustings on that day. Some ol tliciii shoNscd tlieiiisclves active partisans of .Mr. iJang, who at the adjournnieiit of the i'oll, had a majori- ty over Mr. Traccy. fcioiiic Bullies wiio took an interest in Mr. Hagg's suc- cc>s, excited a great dial of tumult and disorder, and assaulted and ill treated scleral of the F^lectors. Two men, l-'lyiai and I) Aubriville, ol wIkiiii i shall speak presently, and who were of the number, were arrested and put on bail. Tiie acts of vi(.kiKe Cdinmitlcd at the llu^tiii^s (lid not appear to alarm the .Magistrates ; they (lid nut seem to apprehend the least danger for the public trair|iiilily. 'i"he iie\t day, the 20th, the Bullies attempted to re- new the scenes of the day i)ievious. Citizens, among whotu were latliers of lainilies, respectable men as well by their conduct as by tln' value of their real propcrtv, w ere obliged to have recourse to jihysical force to resist the (I.) The """■« <>f bii Heath had imt arrived wliiii thh was (I } TliU fact must iipni-ur slniii,i;«-, this is not the only Irre- wfitien. ifularily. w violence of tlioge Bullies, and comi>el them to allow the Eleclora a free pauago to the Hustings, which they had denied them the day before. The majority changed ; at the adjournment of the Poll, it was in favour of Mr. Tracey. As I have stated before, the violence of the day before iiad not created alarm among the Magistrates, of whom on the contrary there was a meeting called in the evening of the second day of the Election, under the pretence of con- sulting on the means of preserving the Peace which was in danger, in consequence of the Election which was going on in Town. As it is at the period that that series of meetings and pro- ceedings commences at which the Magistrates began to interfere in the Election, in order afterward^ to lake a part in it themselves, and finally caused an armed force to intervene ; it is proper to offer a few observations upon the Laws of the country in relation to Elections, independently of the principles of the Common Law. The Returning Officer is by the Provincial Laws, invest- ed with all the necessary authority to maintain the peace and the hberty of voting at the Election over which he presides, he can take measures immediately against those who disturb the one or throw obstacles in (he way of the other. The Returning Officer had on that day, the 26th of April, sent to Gaol, one of those who had been com- mitted for a fault of that nature ; in fine, it was his first duty, the Law furnished him with the means of perform- ing it, and him alone. He could not delegate his func- tions to any one else. With respect to the Magistrates, they had no juris- diction in this matter. Moreover, they were liable at every moment, to be officially called upon to take de- positions against those who might be accused of acts of violence, in order to send them to Gaol, or oblige them to give Bail. Independetly of these considerations, re- sulting from the nature of their functions, they ought to have felt the necessity of guarding against any proceed, ing calculated to create a suspicion that they acted both as judges and partisans. Considerations of a particular nature ought also to have stopt them. Many of them had, in another capacity, but recently pronounced a severe judgment against Mr. Tracey, to punish him for an offence which he had com- mitted against them in another capacity. Others had taken part against him relative to the Election, in favor of his rival, who on the night of the 2()th, was in the minority, having had a majority the day before. How could they not suspect themselves and not fear to be drawn beyond the bounds of duty, by feelings so well calculated to delude them. It is also worthy of remark, that the Magistrate 'who called this first meeting, was the one who hud before- hand publicly shewn himself opposed to Mr. Tracey. Out of ten Magistrates who were present, three were Ijegislative Councillors, appointed previously to that year. Their proceedings were not predicated upon the proof, not even the allegation of any precise fact, much less of any alleged crime or misdemeanour as a motive for that meeting. They are content to state that it was probable there would be a disturbance in the neighbourhood of the Hustings, in consequence of that which had taken place the day previous, and that certain persons were organis- ing and arming themselves with sticks and other instru- ments dangerous to the peace of the Town. As this is the first act of the drama which brought about the fatal conclusion which I shall speak of pre- sently, it is proper to pay a particular attention to those proceedings. In the first place, if these Magistrates or any of them, were informed of any precise facts of that nature, they might and ought to have had them established by de- positions, to have proceeded against the priionera ac- cording to Law, have sent them to Gaol, or obliged them to give Bail. It was not at all necessary to have a meet, ing for the exercise of such an authority, inasmuch as every Magistrate is invested with the necessary authority in that respect. But here is something stranger still ; without any other motive, they resolved upon sending the High Constable to request the Heturning Officer tu appear before them, to know from him if he required any assistance to enable him to maintain the Peace of the Town, or to preserve order within the hmits of his jurisdiction. The Returning Officer having arrived, those questions were put to him ; but that was not enough, it was in- timated to him at the same time, that on his requiring it, he would be supplied with all the assistance he might desire, that was in the power of the Magistrates. The Returning Officer refused those otters. The Magistrates again were not satisfied with that. He was however in- formed, that any written re(|uest from him would be re- ceived and complied with, if he thought proper to de- mand assistance. Afkr which he withdrew. We enter a labyrinth in which we should be soon lost if we did not form correct ideas calculated as u clue to get out again. In the first instance, it is not known upon what ground the Magistrates brought the Returning Officer before them ; what jurisdiction had Ihey in the matter ? Admitting that they had, they had nothing before them to warrant such a proceeding. In fine, the Returning Officer who alone had any jurisdiction as to the holding of tho Poll, and who alone had a right to decide upon the means of enforcing it, had refused the offer of their services. Thence the delibera- tions of the Magistrates ceased to have an object. Let it be observed that admitting the necessity of their assistance, they could afford it from the great number of Constables from different parts of the Town ; they could even send him the Watchmen, since by their subsequent proceedings it will be seen, that they could dispose of them with the greatest facility. The Magistrates there- fore had nothing to do but to withdraw. What motive therefore, could induce the Magistrates to adopt, OS they did immediately, the resolution of swearing in a hundred Special Constables; and what is worthy of remark, that Magistrates should attend the following day in that very room, to receive every re- quisition that might be made for the preservation of the peace; in short to swear the Constables and direct them, (I.) I will leave aside the many reflexions which are sug- gested by those proceedings on the part of the Magis- trates, an'', will ask what can be understood by the re- solution relative to the direction of those Constables by Magistrates ? Who would not also be struck at seeing the Magistrates anticipate a demand for assistance, which had just been refused by the Returning Officer ? It is to be supposed they had their forebodings, for we shall find that the Returning Officer re(iuH.aed that assistance two days afterwards ; it is therefore necessary to pause here in order to point out some other facts calculated to throw some light upon the causes which produced events for which it would be almost impossible to account other- wise ; much less to discover the threads by which they are united together. Several features in the conduct of the Retuiniiij^ Offi- cer during the Election, exhibit an extreme sensibility and which imply that nobleness of character which is sus- ceptible of the most lively impressions. It will suffice at present to point out a striking one, to remove all doubt in this respect. UO Ufiwaulii uf two hundred Cunsiublcs ueie swum Uui ing the Election. K During the Klection, tlio MngiHtmle whose wife had already yoted for Mr. Bufm, having presented hiiiwelf in hi* turn, wim m|uired to taki- one of thr onthi wliich Electors are bound to take Iiy lellcd to conform to so formal rn obliu;alion, could not com- ply with it without shedding tears. After which the Elector voted for Mr. Bagg. It will be conceived tl.nt it was not dilficuit to exercise controul over ko lively an iinairinntion. It will aUo be Rf en that all his nubfiequent proceedings which are analogous to those of which I am going to give an account, have been the fruit of an extraneous influence, and it will not, I apprehend, he very ditficult with time, to show that that which follows was due to tlie same cause, Be it ns it may, on the SOth of April, at six o'clock in the morning, he wrote to Mr. Dclisle, Clerk of the Peace, to say that if the Magistrates could send him one hundred, one hundred and fil^y, or two h\in 'red Sjiecial Constables, under the direction of Mr. Delisic, the High Constable, he thought he would be able more easily to maintain the peace at tl;e llusting<, and allord the liberty of voting without fear ; That he would be ready to ac- company them to the Hustings at nine o'clock, and begged he would communicate that letter without delay. If any pressing necessity existed for such a measure, it was the evening before immediately after the adjourn- ment of the Foil that steps should have been taken ; the Returning Otficcr, instead of writing immediately, wait- ed till the following morning to do so. What is to be thought of so indefinite a request ? Not a single fact is alledged as a motive for the proceed- ing. Hut there is one thing which is well worthy of re- mark. At the bottom of this letter, if I am rightly in- formed, there was a postscript, in which it was stated that if Flynn and any of the D'Aubreville's were among the Constables, to exclude them. It has already been seen that this Flynn and one of the D'Aubreville's, partisans of Mr. Hagg, wore among those who had caused a disturbance at the Hustings on the first day, that on which Mr. Hagghadhad a majority and had ill treated several Electors. It has been seen that they were arrested for acts of violence and put on Bail, and nevertheless these same two men had been sworn as Special Constables. The choice of Con.st.iblcs of that description was not the most judicious. A meeting of Magistrates was held. Constables had already been sworn in virtue of the spontiineous resolu- tions of the .Magistrates of the twenty-sixth. The High Constable was ordered to fake all the Constables, the Watchmen and the Constables who liad already been sworn, aiid repair to the neighbourhood of the Hustings and report himself to the Returning f Mficer, (no Magis- trates to direct the Constables were mentioned,! under whose directions he was to act ; finally, it was resolved to swear in an additional number of Constables. It ''.ill be conceived that such an organisation of men. surc'S to maintain the peace and insure the liberty of voting was not very well calculated to inspire much con- fidence in the citizens who were murmtiring against the intervention of a foreicn autborilv in the Election. Nevertheless, it still continuc.l, atid the niajority which Mr. Tracey had obtained on the second day had in- creased. The C'onstahles were not assiduous in their attendance at the Hustings. It is true, however, that tranijuility prevailed in proportion as they abstained from attend- ing^ Nevertheless, on Saturday the i>th .May, in the morn- ing, the Returning Officer wrote an')ihcr letter still stronger than the flnt, and in which it it not even alleged that his authority had >>een reeiated, or that a single occurrence had taken place to induce him to ap- prehend that he would not l)0 able to eiert his authority with that degree of etiiciency necessary to enable him to discharge the duties of his otiiie. In that letter he informs Mr. Deliile, that aome in- dividuals whom he names, having been cruelly assault- ed and beaten at some distance from the Hustings and irithmit hill knnwlfdgt, on the Thursday previous, and which was sworn lo, and having been informed that several seems of that nature had taken place at loine distaoee from the Hustings, without its having been in his iiower or authority to prevent such disturbances, he applies to the Magistrates, requesting they will adopt jtrompt and cthcacious nteasures to maintain |ieace, order and tranquility during the Kk-ction in the neighbourhood of and near tlie Poll, which is to be held on that day and the following days, and carvfully pointing out the place, and authorising as he says, the Magistrutea in that behalf, if necessary. The only thing which savours of preciscness in that letter, is the pointing out the place of the 1^)11. It ia true that from the oommeneement of the Election, the Returning Officer had changed the place three times, in despite of Mr. Tracey's representations. Let ns admit that the acts of violcnco which might ha .e been committed without the krtowledge of the Re- turning Officer, were not cognizable by him. Those who had been assaulted might have applied to the Magis- trates for Warrants against the parlii* ofl'ending. Under what title did the Returning UHicor take uj)on himself that officious intervention 1" If these acts of violence had been of any real impor- tance, they would doubtless have created a noise on the day itself , the sufl'erers would not have relied on tho Returning Officer to inforn> the Ma^strales and have recourse to their authority after aa interval of" three (lavs. Wh.V an idea to see the Returning Officer take the trouble to make those after thoughts ri iaiive to othtT people, the subjct't of a communication to the whole Magistracy of IVlontreal, through the medium of the Clerk of the Peace. Again, how lo (|uolify that pre. tended authority which is at the bottom of the letter f Assuredly the Returning Officer could not confer powera of that nature on the Magistrates. Neither could ho dele- gate to the Magistrates, powers which the Law con- tcrs upon him and him alone. .Some of these considerations appear to have struck the Magistrates. It will be seen presently, moreover, lo what pitch they carried tiK'ir pretensions in consequence of this step on the part of the Returning Officer. They resolved that the High Constable should ivotify all the Special Constables, even the Watchmen also, lo meet immediately at the Court House, in contormity with the re()uest of the Returning Olhcer, and in fine, that tho •Special Constaldes and tho Watchmen should repair daily at nine in the morning to the Court House duriiij^ the holding of the Poll. Not a word is mentioned in those resolutions about the Ordinary Constables. I must beg to observe, that the nitlainl8 nor requisitions to the Magi». trntes. Onn would tliink, that an experience of that nature would have tervcd an a leimon for the Mnpirtrnteo. How con the proceedings which I am going to relate Iks ac- counted for. They had adjourned to the Monday following ; in stead of waiting till that e(|iien( e of which they pray that their Honors " will exercise their authority to cause a sufficient num- " of respectable citizens to come in now to maintain '■ the pence under these circumstances." It is almost uruiecssnry to state that those Special Ci.nstablcs were among the number of Mr. Hagg's parti- sans. It is still more so to comment upoji that strange Document. I will content myself with remarking that the cdiu'lusion by which they ask the Magistrates to procure a number of citizens to maintain the jieace is not even founded upon any alleged act of violence. It may therefore be asked bow that representation could induce them to suppose that they had any right to interfere in that Election. I do not allude to that pre- tended authority contained in the Returning Officer's letter. The idea that it could serve the Magistrates as n pretext to interfere in that Klection is too absurd, to ndmit of discussion. We shall now sec what were the fruits of the delibera.. tions of the Magistrates ; their resolutions were as fol- lows : 1st. To increase the nuaiber of Special Consla- Mes as high as two hundred and fifty, -nd. To station two hundred and fifty of them in front of the Catholic Church on the Monday morning following, under the immediate orders of three Mapstrates. 3rd. Tt assem- ble the same number at sun set, on the Monday and fol- lowing (lays at the Court House, for the purpose of establishing a night patrol and maintaining peace and good order in the City of Montreal. 4th. They further nj)pointed the Magistrates who by turns should attend morning and evening to take charge of the S])ecial Con* stables sworn to maintain peace and good order at and near the Hustings. 5th. Finally they resolved to have a s|)ccial meeting on the Monday morning at nine o'clo(k, in order to adopt measures calculated to insure tiaii(|uility and maintain peace in the Town of Mon- treal. What zeal ! what activity ! what foresight ! and by what authority did the Magistrates intend to take charge of the Constables. If they did send any, it was under the sole discretion and orders of the Ketuming t)fficcr that they could he pl.iced. TliofC resolutions were adopted at a meeting called the evening of the day on which trancpiillity had prevail- ed at the Hustings, when the Ueturning Olliecr who had asked for the Constables, had not complained of their ahirnce, and ! I not made any fnuh demand on that subject Rut what is more extraordinary, a patrol was ordered, composed '>f partisans of that Candidate who waa favored by Hcvarul Magistratei, under pretence of insuring trnnquill' / ir oc Town, without any fact appearing to establish laat t was threatened. And this was in a 'I'ov ', wher> , without speaking of u great number of ('onstaliles, tiierc was a night Watch under the direc- tion of the Mi :'istrates, and which happened to be under the command of one of Mr. Uagg's warmest partisana. I must add, that tliero is in Town in addition to tliis, a Military guard. Three Conncihors whose appointment was previous *" this year, were at that meeting which consisted of ten. The resolutions were adopted by eigiit ni^uinst two, upon motion of one of those Coui.^iilors of long standing. Having adopted those rt 'tlutiona, the meeting ad- journed to tlie Monday following, 7th lVla> , That meet- ing of the 7th, did in fact take place on the Monday morning, to adopt measures to insure the peace and tranquillity of the Town of Montreal. And a resolu- tion was adopted (seven againet three,) to carry into exe- cution the resolutions of the SaturdarVi and on that day, two Maeistrates, other than those who had been named on the Saturday were appointed to take charge of the Special Constables. From the 7th of May to the 2Gth of April, only one meeting was held, it was on the l.'ith, and it was to re- quest the Magistrates who had not yet taken their turn, to take charge of the Constables. Hut it is necessary to point out some of the circumstances wluuh took place in that interval. The efibrts of Mr. Bagg's partisans had not succeedtjd in obtaining a majority iu lus favor, they had however, succeeded in diminishing it against Mr. Tracey. It is surfirising that Mr. Tracey can have supported so severe a contest. The Magistrates api)ear to have been assiduous in their attendance at the Hustings, as well as some Con- stables. I must remark as a fact, that instead uf the Constable Staves, generally carried by Constables, they had been armed with short sticks, which could be easily made use of ; it is also stated that the long staves generally used, had been cut in two, by which means, those short sticks became perfect weapons. Among other facts which might be stated in this respect, an unfortunate partisan of Mr. Tracey who on the Slat May, cried Hu7.za in his favor, was struck by Constables thus armed, and left senseless on the Place d'Armes, in the nei' bourhood of the Hustings. What means to preserve harmony and make peace prevail among citizens, engaged in an Election contest ? It will be also recollected that the Returning Officer had alrea- dy changed the place of the Hustings three times, with- out its being possible to assign any legal or precise cause for it, he had done it in spite of Mr. Tracey's remon- strances. It was Iwld from the 5th May, the day of the meeting I have mentioned, at the entrance of St. James street, on that side of the Place d'Armes, opposite to whii h the Special Constables were stationed who came to the Hustings. It will be seen that that is where the soldiers were afterwards stationed on the 21st of Ah.y. It is also useful to observe, that during that period two occurrences had taken place of a novel nature in Montreal. A Pistol shot was fired in the street one evening, by one of Mr. Bagg's jjnrtisans at one of Mr. Tracey's ])artisans. Another partisan of the latter was dangerous- ly wounded on the hip, by a musket shot fired at him in the streets of Montreal by a partisan of his competitor. ¥2 : * IS It may be iimfnl to observe, that since the Election, one of Mr. Tracey's partisans was wounded in tiie arm from a knife, also by one of Mr. Bagg's pailisans. These facts are the more worthy of attention in as much as the Magistrates had established patrols without having been asked to do so by any body. Without entering into any particulars as to what was said, that those who had tired had done so in their own defence, it will suffice to remark, Mr. Tracey's partisans might also have had arms to attack with, and not a single instance can be mentioned in which arms have been found in their pos- session. I need not state how worthy this circumstance is of attention. On the 1 5».h of May, the Returning Officer, by a letter requested the High Constable immediately to station six Constables with long Constable Staves, within the inilosure near the Hustiii£ prevent any persons roming near it as he said eAcept those who wished to vote, or had ladies in their charge, taking care as much as possiMe to select such ci zen> as were neither on one side or the other of the Candidates. Those recommandations ere the more worthy of atten- tention, as they strengthen the observations which pre- cede, as to the nature of the staves or sticks with which they had been armed, differing from the usual long staves. It Vfill also be seen, that by a custom which as I obu served in another communication, I do not intend to justify, ladies voted, which may serve t'j shew that tran- quillity might have been maintained at less trouble, at an Election in which they .ere nor afraid to take a part. Here is another feature which derives essential impor- tance from the events which are going to be mentioned. Besides that the Returning Officer had already three times changed the place for holding the Poll, in spite of the remonstrances made on the subject , on Saturday the 1 9th May, he adjourned the Foil earlier than the time fixed by Law. At the moment when he was preparing to adjourn, several of Mr. Tracey's voters came forward to give him Iheir vctf , he refused to take them. Mr. Tracey and his fricr.'^ > protested aloud against such con- duct ; he nevertheless adjourned the Poll without re- ceiving the 1 otes. After the adjournment the Returning Officer wrote to the Clerk of the Peace, requesting that the Magistrates should send him some Constables at eight o'clock on the Monday morning following, before the opening of the Poll, without any further explanation. No meeting of the Magistrates took place that evening. There was one on the following d:-. , Sunday the 20lh May, and the letter in question was laid before them. But on the Sunday, previously to the holding of the meetin?, Mr. Bagg and four of his warmest partisans had written to the Returning Officer, who also in con- sequence wrote a letter to the Clerk of the Peace in which he bitterly complains against Mr. Tracey, on the subject of the adjournment of the Poll, when that Can- dicate complained of the refusal to take the votes of those who came forwurd to vote for him ; a circumstance of which he had not dreamt of saying a word in his letter of the Saturday. He referred to Mr. Bagg's letter and others as the motive for the new communication which he addressed through the medium of the Clerk of the Peace. It is possible that the contents of Mr. Bagg's lettrr may have acted powerfully on the imagination of tiie Returning Office. These two letters deserve the more consideration at this moment, as they were the cause of the catastrophe which took place the next morning. According to the Returning Officer's letter, unwilling as he states, to submit to Mr. Tracey's interpretation of the Ixiw, or that of his partisans, a disturbance ensued, and he was very near being assaulted. That Mr. Trscey himself insulted him, and threatened to compel him by force to submit to his wishes, and that an Irishman had jumped into the Hustings, and that prudenlial motives had induced him to defer to another tribund that justice which was due to him as a Public Officer. There is not again a single precise fact alleged in that letter. He had been merely assaulted and threatened ; if any offence was committed, if the threats were of a nature to create serious alarm, surely there were meanp. of guarding against those who were the authors of it, after the adjournment, the Returning Officer did not think proper to take measures against the Irishman who had jumped into the Hustings. Again, how comes it that the Returning Officer did not think of communicating his terrors to the Clerk of the Peace the evening before, at the time wh n their impression must have been more lively, instead of waiting till the next morning to write a letter on that subject ? A letter that he has just received, says he, and which he annexes to his, to shew the necessity of the interposition of the Magistrates, explains this myste- ry. He requests the Clerk of the Peace to call a meet- ing of the Magistrates without delay to submit them his letter. He says it will be impossible to continue the Election, without having within the place of the Hust- ings, a sufficient Constabulary force having Constable Staves to distinguish them, and that if one of the Magis- trates would head them, it would be o ;reat assis- tance. This must be done, says he, with the utmost despatch. Let us now look at the information which rendered those measures so pressing. It was a letter from Mr. Bagi; and from some of his warmest partisans in the follow- ing words : " Inconsequence of the acts of violence committed yesterday at the Poll, and of the certain information which we have received from Captain Spence, who lives opposite to Mr. Tracey, that Mr. Tracey intends to place himself at the head of a numerous party of persons dis- posed to commit the most violent outrages, we find our- selves under the necessity of calling on you to take the meaeures necessary for our protection, being persuaded that without an imposing Constabulary force, placed in the immediate neighbourhood of the Poll, and ready to act at a moment's warning, our lives will be in danger. You must yourself be convinced by what took place yesterday, and by all that has occurred during this Election, that it is absolutely necessary that vigorous measures be adopted to preserve the peace and to pro- tect the friends of Mr. Bagg. It is even currently re- ported in this city, and the opinion of all the respectable persons who support Mr. Bagg, that greater attempts at violences will h' made to-morrow than heve yet been made since the ccinmencement o( the Election. In case you should deem it necessarj' to call a meeting of the Magistrates, we are ready to testify on oath to the insult- ing manner in which you have yourself been treated by Mr. Tracey, and there is no doubt that they will be rea- dy to employ all the means which the Law has placed i.t their di6|K)sal, to support you in the exercise of your functions." It is now proper to remark : — lo. That neither the letter of the Returning Officer or tliat of Mr. Bagg and others, alledge a single positive fact, or specific offence. 2o. 'f any had been committed, a Magistrate might have been applied to, his interposition required, War- rants obtained, and in short proceedings might have been taken against the parties oHcnding according to Law. Mo. Itmust have been repeatedly observed taht theRe- lu;ning Officer had jurisdiction to maintain peace at the Hustings, and it is not even stated tliat his authority was resisted. 4o. If there existed any positive information as to the contemplated violence alledged, it was easy to bring up those who had a l^owledge of it, to cause them to attest it upon oath, so as to proceed against the parties accused, and send them to G)iol or compel them to give Bail. 5o. The only thing which is offerred to be sworn to, is the insulting manner in which (he Returning Officer was treated ; not a word is said of threats. Go. In short, in that denunciation so full of words, and so empty of things founded on report or opinion, there is no idea of requesting a military force : every thing is confined to Constables with Constable Staves. 7o. Let it be admitted at once and by anticipation that the idea that such a proceeilrng >i: the Poll or go on with the Election, but that perhaps with the assistance of three or four respectable citizens, he might proceed without Constables. It will be seen that having reflected, he took the re- solution to go jn with the Election, Mr. .lobin and Mr. Roy having promised to use their efl'orts to niiiintain peace at the Hustings ; and of which he intoiincd the Magistrates by a letter, but re(iuesting them to keep the Constables in readiness, notwithstanding the statement he had just made that he could proceed with the Election without them. The day following the 22d May, the Poll opened at nine oVlock in the morning, and terminated early in favor of Mr. Tracey, who had a majority. It Joes not appear that on that occasion, the least dis- turbance took place in Town. Nevertheless, there was afresh meeting of the Magistrates ii> the iifternodii. The Election being over, they did not tronhlc them- selves any more about the Returnin:' Officer, hut resolved : 1st. That a list of the pc. ons who were [jresent at the riot on the Place d'Armes and in St. James street on trie 2Ut, should be sent to the Coroner to obtain the truth (1.) EHraft of a letter : " I arrived (in Monlrriili on the SIt't ill llie evening, in goinp fropi the Sleum UdiU tn my IndfiiiK', I met Srnlr'"" It the coinerH of tiic struts, iiml in St. Janirc nreet, a guard and three or four pieces of cuniioii. I thought the Town wa» in a .'tate of siege." from them as to the causes and issue of that riot. 2d. They authorise the Clerk of the Peace to communicate to the Coroner, if he is requested to do so by that Officer, the proceedings of the Magistrates dijring the Election with divers communications from the Returning Officer, this is also another remarkable instance of foresight, considering those of the same nature which we have so often seen on the part of the Magistrates. What could the communications of the lletiirning Officer have to do with the Coroner's inquest ? What reflexious does this subject not call for. IJut here is one of their resolutions which attests a fact that is hardly credible. I have already observed that the letter from Mr. Bagg and his four partisans, to the Returning Officer, of the 20th May, does not alledge any precise fact, and that moreover, it confines itself as well as the Returning Officer's letter, to a demand for Constables. Nevertheless, the Magistrates had resolved upon requiring an armed force ! On that day, the 22d of May, the Magistrates order, that those who signed the letter of the 20th May, transmiilcj to the Magis- trates by the Returning Officer, be requested to make in contiirmity with their offer .so to do, a statement upon oath of the facts therein stated, and also to request Cap- tain S]iencer to give his affidavit to the cflect stated in the letter, that is to say that it was on the day after the event that they thought for the first time of procuring depositions upon oath, to establish the necessity of the measure they had adopted two drys previously, and the result of wliich had been the loss of life of three of thei • fellow citizens ! What are wc to think of the xcal by which they carried were away when we consider their in- genious precautions u|)on all the rest ? Tliose Magistrates have since been engaged in laying hef I'c the (Jovcrnor, rejiorls of what had taken place when the military were called out, brought to the place where the event took place, and when it occurred. I must repeat here, without jjix'tendiiig to silt the motives or intentions of the .^lngis- tratcs, it may be asked from what has been seen of their proceedings, if it is possible to be convinced that in- formation taken from such a source can he exempt from all sus|)icion and prejiicice, when they were obligeil to give an account of a measure of which it was their duty first to estahiisii the necessity before adopting it, whicii they (lid not do. I/'t us now collect a few farts which are subsequent to the Eicclion. Hy their resolutions of tii<> 2()lh .\!av, the -Mairistrates had in some measure placed the |H)lice of the 'i'own under military authority. It was on the eve of the catastrophe. They continued it in that stute by fresli resolutions adopted at five successive meeting's from the 2 1st to the lifith .May, inclusively, 'i'licv (aused the Commandant of the Garrison to sirenu:tlicn the guard and < aii-;e inililary p itioU to he made. I'Irv added a great nuiiilier of ('oiiNtal)lc- to the Watch, lii fine, they even jirociired .Militiamen trom .Major (JriL'o- ry of the .Militia, to join their patrols. They went so far as to Huimnon before them the II )norahle Sir. (Jiiirv, .'sheriff of the Di-itrict, and the Honorahle Mr Guv of Montreal, Cohjiiel of Militia, to induce lliein, the foniur to or;;anizc a troop of (\)n«tMt)|es, the latter a troop of .Miiitiaiiien to the nuinher of It .-ty or liltv to patrol ; iiiid which ncitlii'i' one or the other thoiiglrt he co'.ild or ought to do, Accnrding to the resolutions, the olijict of all these proceedings was to provide fiir tl'.e safety of the Town and the preservation of the peace. It IS stated in addition, that in the evening of the 2!/fh nf .May, upon a si/nal to that etlcct, some t 'aiinoii was brought finm the l-laud M' .'^l. Helen into .Mh it real, IV •v^- and the troops put under arms close by. (1.) I do not think I am mistaken in adding that that system was only abandoned upon a letter from Colonel Mcintosh, ad- dressed to the Magistrates, to know from them if they considered it necessary to adhere to those measures of precaution, as the Garrison was affected by the prevailing malady. One does not know what to think, to see those Ma- gistrates wait until that moment to declare that the peace of the 'I'own was sufficien.:ly established, and that it was no longer necessary to strengthen the guard. What then could be the motive of such extraordinary display. I am aware that mention was made of a fear that some 'rishmen and Canadians would assemble to- gether in the neighbourhood of the Town, that there was even a plan to set it on fire ; and perhaps of some other reports equally unworthy of faith. Here again, a man who is unacquainted with the country must find himself under the necessity of making a considerable effort to convince himself that the fears entertained by those who induced the Commandant of ♦ Ve Garrison to make such a display were sincere. I am not called upon here to discuss the causes of that Civil discord which may have soured the temper of the peo- ple of Ireland. In Canada at least, that source of de- moralisation does not exist, and up to this period the conduct of the Irish at the Montreal Elections exempts them from that suspicion which national prejudice might excite against themin thr»t respect. After all, those re- ports are as worthy of contempt as the comparison which was attempted to be made between the state of Mont- real on that occasion, and that of Bristol at the period of the pillage and burning of a part of that Town last year. The absurdity of such pretences relative to the old inhabitants of the country in particular, is too evident to deserve any observations on that subject. With re- spect to the Irish, there is a fact which is conclusive. It does not even appear that there were any in the group upon whom the troops tired with such murderous etlect. All those who were struck, killed, or wounded were Canadians, born and bred in the Country. I will not notice the vociferations of which certain periodical papers have been the echo, nor the praise which has been bestowed upon the awful results of the intervention of the armed force as if it were an act of heroism to have carried death in the midst of a collectii,. men who had not even anus of any description in their jjosscssion. If I point out those features, it is because in the first place it is those same papers who have been the constant vehicle of the calumnies to which the country has been a prey, that they have also been the organ of those who liave been at the head of the system ol measures against which the inhabitants of the country have made such just complaints since so many years ; because moreover, up to a very recent period, that was the only source whence the Hritish public could derive any information ujiou Canada ; In tine, because those are still the only ])apers whii^b arc daily hawked about on this side of the ocean, and according to which certain persons would pretend that the state of things in Canada is to be judced. Without entering further into this matter, I will ask what is to be thought of those who have made use of (I.) Ami ncveillicless, I tliiiik 1 am correctly iiiloriiuMl in fitiitiuK till- ri'iiort of llii- Watc-1> of tliat nii,'lil and llio follow- ing was, that llicre was nntliing extraorclinary. I do not ex- actly Know on wliii'li of tlic two nii,'lit'< it was tlial >omv iinc ril tiie Wattlinien brought a drunken Indian lo tin.' Waleli- Iioii«r. Sucli were tlie dangrrs \» it!' which the 'J'own wa^ iliiLalcncd. them to express loudly their approbation of the issue of that species of expedition, the result of which is calcu- lated only to inspire a sentiment of profound pain in the virtuous citizen, the faithful subject, even admitting he was convinced that the most imperative necessity re. quired that sacrifice of the life of his fellow citizens. OMirrED IN THE LIST. Of the da'.ger of partiality in the decisions of the Tribunals. We have seen that tiie danger of partiality in the de- cisions of the Tribunals was one of the principal sub- jects of grievance mentioned in the petitions from Canada. It is sufficient, I apprehend, from what has been seen as to the composition of the Executive and Legislative Councils and of its results, the pretensions of the former and the attributes of the ' ttter, to see whether that danger is not almost inevitable in the present state of things. The sketch which I shall pr' sently offer of what took place during as well as after the Election at Montreal last year, will exhibit facts of a conclusive nature on that subject. But before entering upon them, it is proper I should acquaint you with some traits in the conduct which has been previously pursued ia the Province in relation to one of the Principal objects of the recommendations of the Committee of the House of Commons in England, in eighteen hundred and twenty-eight, which has imme- diate reference to that matter. The consideration of the facts which will be afterwards related will naturally lead to the consideration of those which I am aoout to offer. Their coHnexion with each other will be the more felt in proportion as they will be developed, without its being necessary that I should point it out in a porticular man- ner. Without alluding to the complaints of the inhabitants of the country, several of the measures of the Assembly consisted among others, and particularly since a great number of years, in solemn complaints against the abuses in the iinuie of selecting the Jurors. On refer- ence to the evidence adduced before that Committee on that head and also by its report, it will be seen to what extent tliose abuses were carried. it may also be said, that whether considered in them- selves, or with reference to their duration, no example will be found in the history of any country in which that institution is known and practised, where the rules pre- scribed by Law and the principles of jurisprudence and which from the nature of the thing itself, apply to that ilal part of tlie administration of justice in matters have been so long and constantly for- fuudaini' criminal gotten. Since, and in conse(|ucnce of instructions from His Majesty's Government which that report had occasioned, Bills have been passed in evt.y Session of the Assembly to regulate it. They have constantly failed in the Council up to last year, that is to say, that three years clajised before their coiicurrencc could be obtained in that measure. Besides, it is only in relation to Civil matters and with amendments which are at variance with Miose principles. It was moreover, by adding a clause limiting the duration of the Act to three years, '^s if the odjeet had been to secure beforehand the means of foiling the wishes of t'"e couiilry as well as the views of His Alajesty's Govern- ment. J am exposing myself to the susjucion of exaggeration, perhaps to imputations of a more seriou? atu e, in en- (i 2 I i) n couraging the idea of the jiossibility of a return to the illegn! practice, to say the least of it, which leaves in- definitely the choice of those who decide on the lives, liberty, honor and fate of the accused, to the Sheriffs of a country where, according to what principle I know not, they are exclusively appointed by the Execu*ive, abso- lutely dependent upon it by a Commission he!il during good pleasure, with emoluments which are equal to or exceed the income of the most extentensive landed pro- jwrties ; in fine, that a trap may be laid in some mea. sure to those who govern and expose them to the most dangerous temptations, by allowing them the means of again becoming possessed of the monstrous power of making that selection in the interest of power. Hut it mW be seen presently, that after the passing of that Law, t)ne of the first acts of one of the Officers directly charged with its execution, was at variance with its manifest and moist essential dispositions, and upon an occaFion especially wheie it was the more necessary to observe them. It was in one of the two great tribunals of the Province. The other public functionaries.who are specially charged to superintend the execution of that Law, and to cause it to be respected, did not even com- plain, neither did a renewal of the same offence cause any complaints from them. On the contrary, the pro- ceedings of those whose duty it was to repress those violations of duty amounted more or less to a connivance at or marked approbation of his conduct on both oc- casions. The same may be said with respect even to tne conduct of a portion of the citizens of Quebec, to which that of the Legislative Council, of which I have spoken, gave an impulse. These farts which will be disclosed in the following articles, and many others analogous to them, will afford a criterion to judpe whether the fears ofths country deserve to be considered as chimerical. No. 3. Election in Montreal in eighteen hundred and thirty-two. Catastrophe of twenty.first of May. SUMMARY. Conduct of the Magistracy relative to that Election, and during its progress. Resolutions of the Magistrates, and proceedings adopt- ed on the twentieth of May, to obtain from theCommnn- dant of the Garrison the assistance of an armed force. Requisition made on (he twenty-first May, to bring the troops to the place of Election. They are brought and kept in the vicinity of the Hustings. Request to march them upon the people after the ad- jiurnnient. Several riti/cns killed by the Military. Reasons given by the Magistrates to the Commanding Officer, in support of their requisition. Examination of those reasons. Opinions of that Officer, in consequence of those reasons. Froceedings of that Officer in consenuencc. What i< to be thought of those opinions and reasons and ])rocecdings. Sonic other circumstances relative to that event. The catastrophe which has been witnessed by the in- habitants of Montreal, and of which several of them liavc been the victims, iti the month of May of last year, was without example in the country. The fc remarks which are the commencement of this work, relative to the statf of society in Lower Canada, are sufficient to shew that an event of that nature is of a very different importance there to what it would be in many other countries. It therefore became on my part the subject of observations in which I acquaint- ed the Secretary of State with a part of the circumstan- ces which brouglit it about, as well as of those which followed it, and which bad reference to that deplorable event. I have successively shewn in my observations, how a majority of the Magistrates composed in a great mea- sure of Jjcgislative Councillors, had taken a part in that Election in favor of a Candidate, and seconded the system of violence which he had put in operation. The greater number of those who composed it had taken a part in the Election. They had exercised a jurisdiction which was foreign and repugnant to their functions, had usurped that of the Returning Officer and of the Watch, liad employed the Peace Officers, the Watch ; had more- over, appointed and employed several hundred Special Constables, chosen for the most part among the parti- sans of that Candidate. In short, after exhausting all the resources of that new description of authority, they ended by ado[)ting the resolution of requiring an armed force, whose intervention terminated in the death of several citizens. I have shown in fine, that that dire resolution was not even a pretence. The people, the friends and relations of the deceased raised their voice ; private accusers came forward to compel those who had spilt the blood of their fellow citizens, to give an account of their conduct before a Court of Justice. But in Canada the system of ex- clusive privilege is to be found every where. The Crown Officer maintained that he alone had a right to be heard, and conscfiuently to oust those who ca.ne to seek that justice of which he claimed the mono- poly. And those pretensions were carried with success ! Supported by the authority of the Judges, he succeeded in briniring them to silence. He took upon himself loudly to proclaim the inno- cence of those against whom public opinion desired that proceedings should be taken, and by the most strange contradictions, he did not bring forward any accusation against them. But, he referred them to a body of Grand Jurors, taken in contradiction with the principles of common Law, with every rule of justice, in short in contradiction with most formal Provincial Law ; from a particular class and locality, instead of taking them from among that body of citizens qualified to perform that duty. As might be expected from such a composition, those jurors rejected the Bills of Indictment ; but they did not stop there. Thty thought proper by means of a presentment, to constitute themselves the panegyrists of the accused, whom the Governor after the proceedings which 1 have mentioned, thought jjroper on his side to cover with eulogium. I must add, that being himself a stranger to the Laws and the jurisjjrudence of the country, to the inhabitants and to those events fhein.-clvcs, he ought to have taken advice and ic. .d ujKm the exactness uf the int'orniation upon which it was founded. This short analysis will suffice for the moment, leaving aside seve- ral traits which are little less extraorilinary ; I beg to refer to those communications. Before going further, I must renew an observiUion which is to he iound in several of my eonimuiiieations on other subjects. Before looking at the dark yet strong colouring which is given to this picture, 1 may be sus. pi'cted of exaggeration, at all events of error if not of falsehood. J must at present declare, esjiecially as to th.e one in question, that far from retracting any thiii" 1 have stated, I have it in my power, if necessary, to point out a number of other facts e(iu;'.lly extraordinary, ^ and not the less true, liowcver incredible tiiey may ap- pear at first sight. In thot respect here are a few circuniBtanccs upon which 1 had it not in my power to speak in as positive a manner as I can do at present. The number of Special Constables who were appointed and sworn by the Magistrates at tiie time, amounts to tiu'ce hundred and fifty, of whom two hundred and forty.six acted nl tlic Klcclion, besides the other Conyfablcs and Watch- men under the ir orders Among those Special Constables who were sworn, there were more timn twenty who formed a jmrt of the Hullies, notoriously ki.jwn as such, who were employed and paid by the INIagistrates at the expense of the favourite Candidate, to keep the entrance to the Hustings free to his partisans, and to close it by violence against his adversaries. Besides this number of Special Constables, the duty of Constable was performed by two hundred and thirty-three other individuals, without being sworn, among whom were also some of those Bullies I have mentioned. In fine, the number of those strange con- servators of the peace when united, does not fall far short of one half of the Electors of that Ward. With regard to the conclusion of that tragedy, in my fornier comnmnications I have already observed that on the iiOtli May, before adopting the resolution of requir. ing the intervention of an armed force, or its appearance at the Huatings the next day, it did not occur to the Magistrates to take a single d(;position, not even to take a single ste|) to > ■■'blish the necessity of measures, the ertect of wliich was to spill the blood of His Majesty's subjects, nor did this engage their attention on the Slst, before marching the troops upon the people. It was only after the sacrifice had been consummated that they took steps to procure depositions. It will be easy to see, as I havealready riMnarked, thatit was without success. Never- theless, it was necessary to state reasons to Lieutenant Colonel Mcintosh, who commanded the Garrison, to obtainfrom him in the first place, a compliance with the re(iuisition to furnish the troops, and in the second ])lace, his con-;ent to march them against the citizens. There are two epochs wiiich it is proper carefully to distinguish ; v,-e shall now see how the .Magistrates behaved in that respect : — 1st. Before the troops were under march to go to the place of Klection, at about t!;ree o'clock in the afternoon. — 'Jd. After the adjournment, when they re- •pic^ted the Commanding OlJiccr to march them, and to make them fire on the people, after five o'clock in the afternoit beforehand with such exact precision the period itself of the conclusion of that trage- (Iv, like a part to be jjcrformcd and regulated beforehand. In ordi'r also, not to lengthen those considerations, I will lay aside a great many other very remarkable cir- cumstaiu 1 s ; I will content myself " ith observing that on the day of the event itself, before the troops were |)Ut mider marth to go to the place of Election, one of the .Madstrates with whom that Otlicer had had the in- terview of the night before, re|)eated to him several times, " thai Ihf Civil utithorilirs had rcceired the moat " /xisiti'-i- informnlinn, that a plan was formed to set fire " to (liH'ercnt parts of liie Town and Suburbs of Mont- " real, in order to divide the troops in different and oiipo- " Kite dirrctinii.'i and in small numbers, in order to ovcr^ " come them the more easily." (I.) That declaration could not be more formal. It must undoubtedly have appeared to Colonel Mcintosh as wor- thy of his entire confidence, when given on so solemn an occasion. It was made by a Magistrate who insisted on the necessity of the steps which he was required to take, and in order to remove all cause of fear which his honor suggested and which he had communicated to him and his confrere or brother Magistrate the night before when he alluded to the danger the lives of the citizens were exposed to in the event of a collision between them and the Military. The effect of that declaration must have been all power- full on the mind of that Officer. We shall see presently 'that the fear of that danger for the property of the citizens and the safety of the troops overcame him, that it con- tinued to prey upon him and induced him to take steps which otherwise would be totally inexplicable. And nevertheless, those who know how much those ideas were chimerical, are obliged to make a considerable efibrt in order to convince themselves that the pressing declara- tion of that Magistrate was merely the fruit of illusion ; and that is the only consideration which can palliate that bitter feeling which he must experience. That positive information remains yet to be divulged. I have already observed that the IMagistrates had nothing before them to justify them in requiring the in- tervention of an armed force. The register of their proceedings afibrds demonstrative evidence to that effect. (!.') I must beg further to observe, that that information is not even alluded to in the report of the 2'Jd May, made to the Governor by the Magistrate in question, and ac- quiesced in by his brother Magistrates, acquainting him with the circumstances relative to the event of the 21st. He has preserved the same silence in a deposition upon oath, relative to the same objects. Neither is it alluded (o in a report also made to the Governor by another ^lagistrate, and also acquiesced in by His brother Magis- trates. In fine, several of the Magistrates and a great many other persons, have likewise since, made deposi- tions upon oath, in ..upport of the conduct which was ])ursued on that occasion, and notwithstanding that live- ly interest which ought to have induced those who gave those depositions as well as those who collected them, to adduce evidence of so important a fact in justification : not a word is mentioned about that information, tho* it is stated it was positive. Assuredly here is enough to appreciate the pretence which was relied on to request the intervention of the armed force ; we shall nm ^^''. what is to bfc '.bought of the pretences which wen relied on to request the Commanding Otficer to march them against the people. In the first place it must be observed, that the reason assigned for having brought the troops to the place where the Election was going on, was a riot which took place at about three o'clock in the afternoon. I can now state in a more positive manner than I have been able to do in my previous communications, that that riot was caused by the acts of violence of tlie Peace Ollicers, that it hard- ly lasted a quarter of an hour ; that it ceased as those acts of violence ceased ; that, as I already observed, it had subsided when the troops arrived. In fine, that in- stead of sending them back to their quarters, they were ki.'[)t in the vicinity of and opposite the Hustings. I will not notice the strange appearance which those circum- stances present, I will content myself with adding, that up to that moment, trancjuillity had not been disturbed, and tliat afterwards it continued to prevail until the ad- journment of the Poll, when the troops were called incon- se Deposition of lAeut. Colnacl Meliitosli. — "Jd. ufTulavit of ilie sevi nth of June, cigliteen hundred and liiirty-two. ( 1 .) Sec the Register of the Magibtratcs of the 20th May, mid following days. H !l lis is occurrence upon whi( !i it is proper to bestow a moment's commanded the troops, acted under the direction ot' the attention. Magistrates, I will relate a few facts and circumstances It is an established fact, that immediately after the which will throw the greatest hght upon the other adjournment, the Candidate to whom the Magistrates portions of this drama. were opposed, had withdrawn. The greater number of We have seen that there was nothing in the documents his partisans were doing or had already done the same, I have mentioned to support the declaration relative to when the riot which is give" as the pretence for marching the project of firing the Town. Neither does the pre- the troops broke out. A Magistrate who was present, tence upon which the Officer in command of the troops went away to the Place dArmes, crying out, " for God's was required to march them against the citizens, after sake to brini: the troops, because the jwpulacc was mas- the adjournment of the Poll, rest upon a more solid sacreeing the people and attacking the houses. (1 .) foundation. The efforts of so many persons of all ranks, TliDse are tiie motives upon which the brother Magis- interested in exculpe'inj t»ipma«!vc3 oy a justification of trate of the latter re()uired the Officer who commanded the conduct of the Magistrates on that head, have also the troops to march them against the citizens, and that failed. Since the event, witnesses have been collected he in consequenc* made them fire upon them ; let us see from all parts, depositions have been taken on the spot, what the pretences of that requisition turned upon. among which are those of several Magistrates them- It is true that a man had been struck and left for dead ; selves, but in the first place, it was by the Peace Officers, arm- They were duly communicated to ■ he Governor as had ed with short sticks instead of those which they general- been done with the two reporte whic'i were laid before ly carry as the badge of their office. He was a partisan him for the same purposes. In all those Documents of the Candidate to whom the Magistrates were opposed, there is an inexplicable vagueness, a confusion which An acclamation in favor of that Candidate was the crime appears to \k the offspring of a preconcerted system, which had caused such treatment. That act of brutal Two facts so striking, so ample as the attack upon a violence formed part of an attack made under the direc- house, the murder of man falling under the blows of the lion and at the instigation of that same Magistrate, who populace in the presence of thousands of witnesses, among was running up at the time to the troops in God's name, whom is to be found a large number of persons interest- to bring them against those of the partisans of that Can- ed in establishing them, were certainly susceptible of be- didate who were a match for them if they ouly used their ing easily proved. Nobody could be ignorant of the sticks. necessity of presenting them in a clear and precise man- The streets were then being macadamised. A party ner. Quite the contrary has been done. In those Do- of those ujK>n whom that attack had been made were re- cuments nothing is to be found except general assertions • turning and having no other means of defence, made rot a single detailed fact. Those assertions themselves use of the stones which were in the streets to repel the are at variance with tlie facts which are apparent through assailants, who on their side did the same, but who how- that chaos. ever had the worst of it. They took flight before the I have already myself made some precise statements people who pursued them, and continued throwing relative to those two facts in particular, in my previous stones in the direction of a house into wliich part of those communications, altho' 1 was not at the time in posses- who were running away were entering, whilst another sion of that information which enables me at present to do part took refuge in the inclosnre were th.'^ troops were ; so in a more formal manner, and with that degree of assu- rance resulting from an exact knowledge of all the cir- cumstances relative to that event. I must add that inde- pendently of that assibtance and in spite of the difficulties resulting from the absence of any medium of comparison on this side of the ocean, in relation to objects of that nature, it would be easy lor nic to show that that fabric of evidence will not bear the test of examination even in its details. I shall always be ready to enter on that sub- it was in conseiiuence of those occurrences that the Officer who commanded them was required to advance them. I wi'l presently shew that that attack upon the house, may go hand in hand with the information relative to setting the Town on fire. IJut before proceeding any further, I must stale that for the same reasons which I mentioned in iny previous communications, 1 will abstain time, 1 deem it necessary to introduce here a few obser- vations which wMl serve to throw some li"ht It upon from enterin:; into a discussion of the conduct of the jcct ajrain if the opportuni'y be afforded me. In the mean Military, wlien they carried death in the ranks of the ' citizens. I will content my-self with observing that in marching towards the spot where that sad event took place, the troops were accomjianied with those Peace Officers and others who had been engaged with the peo- ple, and that their deiwrtmcnt at the time was that of men going to battle. Many of them were armed with If there is aDocumentin which it was necessary tojioint out in a clear, exact and precise manner the two facts which were submitted to the Officer who coiimiandcd the troojjs as the motives for marching them against the peo- sticks such fis 1 have mentioned ; several of them were !''»-' "Iter the adjournment, it was certainly in the report in front of the troops until they got ready to fire upon '*'" i... .i.,. »<...: ■ ■ . ... the people, at which ])eriod they were made to retire in the rear or on both sides, in fine, several Magistrates also accomjjanied the troops. The peojile were withdrawing from before them, and it is now established that those who were marching with the troops were throwing stones at the i>eople, who on the other hand threw some also, by which the Mill- march them against the people after the adjouriinicnt of tary were struck. But I must repeat, among the people the Poll. With respect to this last disturbance, mention there were no instruments used whether oflensive or de- 's made of tumuUuoun movements, great noi.ses, biiltles, also fensive, not -.:.i.. r^ -■ .• . . --■ .-.-.... they colli were armed with sticks and supported by a troop of sol- diers marching in battle order i' l>eaving aside the consideration of the catastrojihe in ilM-lfaiidof the conduct of the Officer who, while he drawn \i\> by the -Magistrate who had made the statements which 1 have alluded to, before they were led to the place where the Election was going on, In that Uocurnent.one can hardly distinguish between the disturbance which served as the pretence for bringing the troops at about three o'clock in thealtcriioon, from that in consequence of which that Officer was reiiuired to .n_-.l. «i : k ll 1 ... .. .. * not even sticks. One may theretore ask how noises and vorl/erations, increasimj to a friijhtful rileni Id have thought of combating against men who Constables and other peo/jln runninp away in eieri/ direction (I ) v fir-i ir|i.iii lo tile (i'jvciiioi, and die (Icposidont. iind pursued by a crowd throwing s!ones at them, the noise oj broken jiancs of glass or iron shutters ,- of a man stretch- ed on the ground as if dead, near the (irocrei/ .S7f/;c which was the house that was attacked. And without siUTifving any thing, it is added that the Magistrate in question crossed the Place d'Armes and cried out " for God's sake But again, the idea of that attack upon the liouse and of the danger for property, is as chimerical as the one relative to the project of firing the Town ; therefore will I content myself with adding a few ohaervations in re- lation to that testimony. In those depositions much stress is laid upon the fact of the Candidate to whom the Magistrates were opiiosed, and his partisans having taken a direction rather different from that which l.e lind taken the previous days. That circumstance is represented as indicative of a desire to cause a disturbance. Truly they had deviated by a few feet. It is now ascertained that it was to avoid a small puddle caused by the rain which had fallen abundantly " send the troops out, the mob are assassinating the peo- " pie and have commenced attacking the houses." The author of the report adds, " that at the same mo., incnt, he saw another Magistrate making all haste to- wards him, and as he thought, beckoning to them with his hand to advance " It was upon those data that he re- quested Colonel Mcintosh to bring out the troops to quell the riot, and save the lives and property of the citizens that were then in danger. That is what the statement contained in that Docu- ment is confined to. Moreover, the author gives an ac- count in his own way of the expedition in which he ac- companied the Military. Neither does the report of the other Magistrate of on that day. whom I have already spoken contain any thing more posi- One of the witnesses who speaks in relation to the tive ; he is still more vague upon the same subject, catastrophe, says that he was standing in an elevated In short, the depositions of those two Magistrates, of position from which he could sec all that was going on ; several of their brother Magistrates, those of all the other and nevertheless his deposition is contined to a rather witnesses, whose affidavits have been communicated to ger-ral statement, that he saw the crowd in the street the Governor, particularly on that subject, are of the engaged in throwing stones. He saw the soldiers ad- same character. vance. The crowd wfiich was ahead continued throwing But here is something still more strange and inexplica. stones at the soldiers in such large quantities, that the ble. The Magistrate who according to the first report atmosphere was black with them ! These are his words ; and the depositions of some of his brother Magistrates, and in conclusion, he thinks, in his conscience, that the ran up in God's name, to get the troops to advance, people were in such a furious state, that without the iii- ought to have been able to swear as to those facts upon tervention of the troops, a great number of persons would which he had so formally relied to get them to do so. He have lost their lives. was with those Officers of the Peace when the man who Another of those perrons speaks of a collection in the was lift for dead was struck, and he himself was running street, in Iront of the house of one of his neighbours, in away with the Constables when they were driven back which he happened to be, but this was more than three towards that house, the pretended attack upon which weeks previous to the 2 1st of May. Among those who served as a pretence to cry out that the property of the composed it, he names individuals well known in Mont- citizens was in danger. It is in those reports as well as in real. He represents their conduct and conversations as several of the depositions as to what he said at the time, violent and tlmatening, so much so as to inspire just that Colonel Mcintosh was requested to advance the apprehensions in the minds of the persons of that house, troops. And the deposition of that Magistrate is not to into which he had gone, says he, to protect them. Ac- be found in those Documents, tho' numerous. What is cording to his deposition, he shewed a cane to that col- to be thought of such an omission ? lection of people which he represents as furious, as if it Here are some other facts which are obvious. The had been a musket with which he had intended to fire people had ceased throwing stones towards the house in at them ; and that upon that they had dispersed, and he question. "dds that he sincerely believes that without that, an Admitting thai this fact could be denied, which is not assault would hare heen committed upon the master of that to be doubted, let it be observed that in those reports house and upon his family, and that in all probability seri- as well as in those depositions, the people at that period ous damage would have been dune to the Itvvsc. are represented as being in a state of fury almost of deli- This happened on the 28th of April. Two days afler- rium, and this is to tell us afterwards, without detailing wards he again heard a noise in the same place, this time the facts, that they were attacking the hoiists. But those with whom they were engaged in this contest were running away ; several of them had gone in that house to protect themselves from the stones which were thrown at them ; the others had taken refuge in the inelosure where the troops were. Those who pursued them must therefore have been strong. They were masters of the field of battle, if they were not content with throwing at their adversaries the stones whieh broke twenty-three panes of glass, if their intention was to attack the house itself, why should they not have rushed into it with those who were running away r" A Grocery and Liciuor Store was kept there ; why should not the mob, as it is called, afternoon served as a pretence for bringing the troopf. 1 1 .) have gone into it ? Had it not committed excesses How is it that furious men should not have forced the door open ? It does not even apiiear that it was forced. What magical power can have stopt them ? How comes it that they did not attack the neighbouring houses which remained untouched ? It is true that one of the witnesses states that the mob had already commenced demolishing the house ; that assertion is contradicted by the Jiicts ; besides he is the only One. He testifies as to a fact wliich took place in the presence of thousands of people, of whom as Ihaye already observed, as a great number had an interest in establishing that important factforthcir own justihcaliun, he was 8toi)pcd by fright, he did not venture out to the relief of his neighbour, he was afraid for his life. He does not say whether he had lost that magical cane of his. After this sample I may dispense with commenting upon the deposition of the individual to whose relief that witness pretends to have gone. Moreover, in that affi- davit nothing is mentioned but isolated facts, which have reference to a period of upwards of three weeks previous to the catastrophe and with what tlioy have no connexion. I will oidy add one word of observation in relation to the riot wliich at about three o'clock in the In the report as well as in the deposition of the Majris- trate who had slated as a certainty that the Ciiil autho.. rilies had received positive infoniiation of a |)i'oiect to fire the Town, and also in the depositions of the othi.r witnesses, tumultuous movements, battles, cries and vio- lences, &c. are spoken of without alledging any jirecise facts, they are rc|)resented as imperatively requiring tlui intervention of the armed force in order to repress the excesses of the desperate mob. Nevertheless, besides what has already been seen, that Magistrate who is the author of the first of those (I.) Uepudtiuiis of FraMerj Staiilev and Liicliunee. II •-' ii 1 I ' i il reports ; previous to the arrival of the troops, went in stones, bemuse those who were ^vit)i the troops were the midst of that furious niol), read quietly the Riot Act, returned to his station without niolcstiUion, and [loncc was restored when the troops arrived ! Lot it he oli- served tliat no IVoclamation was iiinde to tlie people, and that the Riot Act was not read afterwards. (I.) Surh is the eharaeter of allri;ation«, of axscitions themselves t' iwing some at them, wlio as I observed, had not in their possession any instruments to attack or defend themselves with, not even a stick. Tliat is the combat of wliicli a description is given. Those are the dangers to which were exposed the soldiers who were ordered to fire witli sudi murderous effect. And of three wich are api)ealed to with gravity to support the conduct individuals who were killed, the nearest was at a distance of the Magistrates. I might add a great many analo- gous traits ; 1 will only observe, that among the Docu- ments relative to matters worthy of such ['articular at- tention, there is one among the depositions which is neither signed nor sworn to I do uot allude to the depositions of the ^filitary. If some attention be paid to the ideas of tiie person who commanded them, then it will be seen with what an eye ihey beheld a people ; men to whom they were all Htrair gers, and who must have been represented to them in of u|>war(ls of three hundred feet. Here is more than is necessary to I)e convinced tliat his sentiments with re. gard to the people whom lie was driven to pursue, were evidently the oH'spriugof a foreign influence. Htsides, those illusions are not more extraordinary than his aiiiireliensions derived from the same source, to see ttic Town burnt by its own inhabitants Indepen- dently of the considerations which have reference to the public morals and to those habits of order and sub- mission to the Laws which result from an ecpiality in such dark coulours. I must also observe that one ot' the the distribution of the right of property in the Province, Othcers on service with the troops, noted by the Corn- a still more lively feeling of interest strengthened in the manding Officer I'or his activity, hail dining the Klection inhabitants of Montreal, the respect for that order which attended the meetings of the p.irtisans of the randidate is its safe guard, in a Town where half of the Electors who was favored by the Magistrate. I need add that he is composed of proprietors, and the great majority of was not in uniform ; without was insisted upon. This is in fact one of the traits which must have appe.ired the moat revolting and con- sequent ly the most incredible. The assurance with which I siwke upon that subject must also have astonish- ed you. I might, perhaps I ought to have pointed out the pretence upon which that Olficer was required to march the troops against the citiitens, but so glaring a part could not cscajie you. You may also, I appre- hend, have convinced yourself that I did not rest upon illusions in soliciting, with regard to the first, your attention in rather a pressing manner. I must 'low beg you to observe that in order to facili- tate the means of forming correct ideas with respect to the nature of those events, it was necessary to enter into some details, to give some explanations, and to point out the principal characteristic circumstances. That was what I then endeavoured to do ; I flatter myself it was not without some success. Fortunately I have been spared that trouble with re- panl to the subsequent events, which will be the subject of iVc^li considerations which you will receive with this l( Iter. It is sufficient to present them in all their siui- l)licity. The manner of viewing them cannot admit of more doubt than the facts themselves, which are not only of public notoriety, but arc cBtablished by Docu- naiits (if the highest authenticity. Besides, far from being susceptible of contestation on the part cf tlmse agiiinst whom they contain serious im- putations, they have become on their part the subject of avowals more or less formal. They are even, in sonic measure, otl'tred as if acts which involve a violation of the Laws the most clear and essential, were a part of the duties of functionaries, with respect to whom the oath of oflice oiii;lit to have !^trengthene(l that sense of moral obli- gation iiii|iose(l upon all citizens, to respect them, and adopt them as their rule of conduct. I need not add that those circumstances which are not less extraordinary than the lacts iiKpiestion, perhaps more so, deserve the most serious attention. 'J'hey atloid a means of comparison to judge of the state of the public morals, and in that re- spect of the sentiments of a part of that class of people in the I'rovince, a subject upon which I have already been under the necessity of laying a few observations be- fore llis Lordship Viscount Goderich, in my letter of the 11th of Deccmlier last. They betides indicate the ex- tent of their knowledge in relation to those ndes of the administration of justice which are intimately connected with the principles of the Government, which are the jdedges of the security of the citizens, and without which all their rights would be but a name, and autho- rity the blind |)ower of force. (Considered in that respect as in many others, those facts, thcugh they do not prcFent themselves under as dis- mal an as|)eet as the cataiitrophc itself, and the proceedings which brought it about or immediately succeeded it, are not of a nature to produce reflexions less serious, per- haps are they calculated to produce more jjuinful onet. It was allowable to attribute a part of the violences com- mitted during the LIcction at Montreal to the blindness of the passions of the moment. The conduct in ciues- tion presents itself to the view in the shape of a com- bined system, meditated before hand, in order to screen it from examination, to insure impunity, give it the glare of triumph, to impose on the Government of the country, and finally on His Majesty's Government. Whether it was the fruit of prejudice or of the error of passion, it was not the less calculated to produce the most sad consequences. Admitting the requisition of the Military force and the sacrifice of the lives of the citizens to have been called for by the most rigorous duty, in the eyes of the inhabitants of the I'rovince, those proceed- ingi assumed the character of crimes in which those upon whom it devolved to resent them and demand punishment for them, would have been accomplices. Independently of what refers to the vices already paint- ed out in the org;ariisation of the administration of a part of the Government, this would be sufficient to judge of this dismal character of tiiose reflexions. You have already seen that the discussions wliicli have arisen in the Province since so many years, have reference to the two great principles whicn form the basis of our constitutional edifice. You may also have seen whether the opinions and sentiments of a great portion of those who proposed to maintain them as their system of conduct, would not tend to subvert them. The Canadian |)eoplc on their side wish, that the e.v penditure of the taxes (hey pay, as well as the rules of conduct which ore imposed upon them shouUl re- ceive the sanction of their chnsen representatives, that no individual should be punished upon a pretence of the \iolation of (hose Laws themselves, unless with the cou.sent of a Jury selected without exception, from the body of their lellow cidzcns. If there are any traits in their conduct which shew the progress of their political education and give (hem incon(estuble claims to esteem, it is the value they attach to their rights which alone can constitule liberty and serve us the basis of autho- rity ; it is the energy of their representations, their con- stant firmness in resisting the eli'orts of arbitrary power to despoil them of it, at the same time without having laid themselves open for an instant to tiie charge of hav- ing lost sight of the submission they were bound to yield to the Laws ; that is again the most noble homage to the con^tit'ition itself, anil affords the most striking proofs of the happy results which it can and must produre. And it is nevertheless on those grounds that the majority of (hose who compose one branch of the l^c- gi>la(m°c of the country, of publicr fmictionaries and their partisans ; breathe sentiments of hatred against them and even endeavour to consign them to contempt ; (hat while they accuse (hem of ignorance, they claim the superiority in })oint of learning and boast ot their origin (o claim the |)ovver of becoming the arbiters of their destinies. 1 p f l! ii In rnlcrinp; into tlicic freiili conri'*erntioni, I have Hngtniiil ? Tliuxe Huppoiitioni which f huvo alieudy thought pro|ier to return lo some of the ubicrviilion.s iiiiiilified at nion>ttroiit, liitvo brcuine fuels in Caiiadu. contained in (lie previous corisidrrationr in relation to Thoac nr(! itiu proceciliii'rg of o part of iho Public thii matter. Forniit inc again lo l)rg von will place Offic-crx. With regard l<> llio> however in accordance wilh (he rules of for a Lawyer, to deny Ihe exactness unti (ruth of the honor. I also venture to say that I am only (he echo of princiides which are uppculed lo in support of llicob- thoso whose scntimenis it is my duly to mn! e known, srrvuliona contained in ihat letter upon that invporlant and who might again claim a right to the protection of His Majcaty's uovernmenl. if (hey hud none to its justice. I beg you will accept Ihe asxnrances of the profound iciipecl wilh which I have the honor to be Sir, Your very obedient and Humble Servant, (Signeil,) D. B. VIGER, London CoflTee House, Ludgate Hill, 27lh Sept. 1833- To the Right Honorable E. G. Stanley, His Majesty's Principal Secretary of State for the Colonies, &c. &c. &c. Considerations, &c. Sd Series. On the selection of Grand Jurors in Ihe District of Montreal, after the catastrophe of Iho *21st May, 1832. I must here brave the reproach of re|>etilion, by ask- Bubject. I must therefore refer lo it, ralhur tliitn usi;- lessly dwell here upon a Kiibjecl which is already !4uffi- cienlly developed in it. I must also refer (o iho'te obMcrvudons, wi(h re<-j)ect to (he conduct of Ihe Crow n OtKccr in rcluliuii to the ac- cusations brought before thotCnurl iiiconxcquenrool'lhul cataslropiic, and as (o Ihe niuiiner in which lliose ucculit I could re- proach with (he death of fellow citizens, might carry uway my reflexions and lead iiio uslruy. il.ippily lor ing what would be thought in l^ndon, if it were jws- myself, independfMilly of (iiul inforniulion as well as iliu sible that a portion of its citizens having come from some part of Ihe empire, for example from Ireland or Scotland, and having upon an occasion similar lo that of the Montreal Election, adopted the plan of second, ing the Magistrates and other persons invested wilh authority, a selection of Grand Juries had been made from one or Ihe other of those classes, in such a man- ner as to give to those composing it more than an abso- lute majority so as to render the presence of the smaller number of Jurors taken from the body of the citizens, something more than an injustice, a ridiculous furniali. Iv, an insult (o (he mass of (he populaliori. What would it be if such conduct fur from proilucing representations on the part of the public authority or other functionaries under whose eye it hud been pur. sued, became the object of approbation or euloginni, even of representations (o the Executive in order to support it and induce it to adopt proceedings with Parliament to obtain in a measure the sanction of that violation of every principle upon which the rights of the Government and the liberties of the nation de- pend. In short, what would be said if individuals of ei'hcr oae or the other class, were to assemble together and openly claim, as a right inherent to their origin, the power of life and death over their fellow citizeni of local knowledge which enabled me lo ilici. ly in the Province. If it were possible to enleriain any doubts in lhat respect, it would bo easy for me to re- move them. I must now return to a fact lo which I must havo already appealed lo, and point out others more recent, equally calculated to exhibit tin; importance of tiie ob- servations which ihose coiniiiimicalions cuiituiii, as well iis those which are involved in (h: present considera- tions. As I observed in my teller of the Nth December last, it is only in the District of Montreal Ihut u devia- tion has taken place from the rules prescribed by lliu I'roviiu'iul Act relative to the selcclion niid Huinnioning of Jurors, whilst their dispositions ujipeai to have been failhliilly observed in (liu other parts of tiie I'rovincc. What is not tiie less aslonisliiiig is, that in the District of Montreal, tlu'y w<'rc deviated from only in respect of the selection und summoning ofGrand Jurors ; and Ihe thing is the more extraordinary in as much us tho dispositions which regulate the selectiuii und summon. (I.) Sec the letters ulrcady (|Uoiccl. ing of (lie Grand mid IV-lil Jiirori arc conUiiicd in the Mine cluimc* of llie Law, am ulisululely commdii to each other, without iiny diittiiiclioii except the qiitlill- i'Btion of Ihoiu aiiioii^Ht wlioiii the lirnt and second are to lie taken. Lpon rcllccliiigon all that liai taken plucu in relalio'i to that ohject, previoui lu the year eighteen iiundreui and twenly'fiKlit, then and since, and to tlic principleH of Law, I will own that when 1 heard that circum- stance, it appeared lo my^terions, so inexplicalde, that I deemed it ex|)ediciit, notwithHtundin^ my conviction thiit I had not iniNtuken the sense of the terms or ex- pressions of that Law. loread it ajj^ain and again several timcH, evento examine itwith enlightened persons lo see whether it did not present some ditliculties. How can one make up his mind to believe those functionariea capable of misunderstanding obligations so sacred i Those doiihiM are impossible. Here are some tubttequent facts which ought to appear incredible. The representations which have been made in ihu Province against that choice of Griuid Jnrors ought to hVi>liout entering into the consideration of the |K>4!«iblu or probable niutives of the conduct which was observed in relation to the choice of the Grand Jurors summoned for the ensuing term of the same Court at Mimtrcul, [ must state that they were taken from some particnliir localities instead of being taken according to the rules, and nxireuver the precise dispositions of the act in question, that is to say from among that bnJy ((ualified to fulfil that duty. It is true that on that lust occasion, they were not taken in u Tery large inujority from that purlicularclass of men who by their birth are strangers to the country, eve:\ though the contrary was done, and this is another mystery which it is no |>art of my present subject to explain. I will conline myself lo poinliiig out the use which was attempted to be made of lliein, which is not less ex- traordinary lliaii that proceeding itself. In consecpience of tliut fresh deviation from the Law, inconveniences resulted which might have been easily und certainly avoided, if the rules prescribed by it had been followed. Details u|K)n that subject would be out of place here; but who could now believe, if it weru not a I'iict of public notoriety, and moreover eslablislied by aullientic documents, that instead of making a rc- prcsentalion uguinst an erior which under the circuni. stances wus so flagrant, the Crown Officer made those inconveniences the subject matter of a represen- lation us if liny had flown from the dispositions of the Ijiw, in u leller wiillen to the Governor who himself thought proper to make it the subject ul' a message to the Assembly. This is the way in wiiicli Public Officers in Canada, coiifurni to the views of His Majesty's Government, respect the I^ws and see to their execution ! Such is the manner in w liich the Governor is informed of what is going on in the Province, and in some measure, under his own eyes. Such is in fine the information which is otKcially cominuniciitcd to him that he may himself iniurm Ministers ? Leaving aside several other circumstances which it is not essential lo disclose, relative to the object of these considerations, 1 will con- tent myself with asking if tliose are the proper means by which a Goveriinient can become informed and respected, und its authority endeared ? Ofiho Proceedings, Resolutions and Petitions of u por.. lion of the citizens of Quebec. So fur we havr; seen figuring in these conaiderationt, men coniiecled with the constituted authorities or pulilic functionaries ; they have not alone taken u part III the events which I am about to relate. Every one is aware of the force of eiampio and the power of those doctrines which strengthen the propensi* ty of man for dominion. We have already seen by that of the addresses from the Council which I alluded to in my previous considerations, that those who ccmpose the majority of that body, at the same time that they appeal to the necessity of a speciul representation in favor of a particular class of men in the Province, claim pre- eminence in ilB favor as a right inseparable frooi tiieir origin. They represent theniselvcs as their organ, and it must also have been seen that it ia certainly with, views and interesls different from those of the mass of the people of the country, that they are desirous, in the name of that class, cf remaining in possession of tho exclusive power of Legislation, as they already are in that of the administrative and judicial powers. A portion of those comprising tiiat privileged class liave not failed to obey the impulse whicli was given to them by that high authority. Subsequent to those proceedings on the port of the Council, and of tho strange message from tho Governor founded upon re. presentations from the Attorney General which I have mentioned, they preferred the most bitter complaints against that Provincial Law relative to the drawing of Juries. The Council claims in their iiamo and by rea- son of their origin, the exclusive power of Legislating, and upon the same grounds they claim the right of life and death upon tlie rest of their felow citizens. I have already staled tiiat no other interpretation could be given to the clamours of a portion of (he citi. zens of (Quebec, as well as lo their resolutions and peti. tions agoinst that Law. And in truth, what man uii. acquainted with the history of the country could, on beholding those solemn proceedings, doubt that that net of the Provincial Parliament in so far as it relates to tho drawing of Jurors in Criminal matters, is founded upon the same principles as the famous act in relation to the same objects which was proposed and supported by His Majesty's Mininters and passed witliin the last few years in England by the Imperial Parliament, and that the dispositions of both the one and the other are within the rules of the strictest analogy ? Nothing more is required to appreciate the weight of those clu« inours, which therefore it is useless to discuss. But what is worthy of remark is. that that portion of the citi/cMs of Quebec have covered themselves with ridicule, by appealing on that subject to the ignorance of the Cuimdians, as if they had that superiority over them HI point of education aud knowledge which they assume to themselves by reason of their origin. Prom what has been seen of the opinions of those who pre- tend to represent them, and with whom they make a common cause for the moment, upon a number of other subjects of constitutional right in the discussions which have taken place in the Province, it is easy to sec v/hether their pretensions to that superiority ofinfor. malion rest upon a very solid foundation. But by adopting as a medium of comparison, the complaints in question, 1 would ask which of the two, the Cana- dians or those who insult them arc stamped with the seal of inferiority i" Whether it is those who wish for an administration of justice founded upon principles of iuipartiali'.y by means of juries, who arc the organs of the public conscience, or those who would make it tho I U xulijrct of a mono|Hily, of n [nivilcuL' of origin, in «ho Imnil* of a ciiiit f On llu' ollirr Imnd, if llmt re|iron(li of ••oinl>nriiliv(' ignnranii! wjtc at nil tminilnl, il woulil lir ilic i>lr(>ii!ii>t ronton ilml could l>c iirKi'tl in I'uvor ofu l-iuv, the iici'cjf »ary cllVrt «f wliicli ix lo oprpiul willi iii|ii(!ity llu* mo»t inffiil kn(>\vli'(lj»r, to shew the iu'('i's>.ity of it, to iroulf nnd foster tliP ilcxiri- of iir<|uirinu: ami <|ir( iiilin)r it, nnil bIkivc iiII, to liMU'li lo llio |K'0|tlc H kiiowU'dgir of their iliitics ami rif;lil(«, lo inspire tlieni willi i\ uriise of il, lo iilreii;;llieii llie sense ol' order anil subnrnsiim to llie Liiws, liy eontidetice in llieir protect ion and in tliitt of the (journmcnt which knows how to iimkc lliem re>^ peeled. That \ery ignorance in the mass of the cilizonK nonid condemn the system which would j;-cendency in one of the Mrnnches of the Li (fislature, whose cel'.o they are in uil the departments of the administration. Moreover, does it |iroprrly he- loot; til that doniineeriii); clasK to reproach us with u inis- fiirtiine which is their deed, tiiul to liuihl a claim n|M)ii it to keep tlie |)eople in a slate ol' vassida;;e .' 'I'liey p> .still further, they would claim the privilfyc to perpeluatu it, and lo remedy the evil would be u violation of llic rights oltiiched to their oiigin ! What can 1)0 tlionght hT«o f>f u .sysleni which Irom one conseipience to the othei', lias so fur vitiated tlii! ideas of those coniiiosiug that «'las», as not to recede frotn pretensions wiiieli arc an oulra;;e ujion every principle of publir morals, of our Constitution and (I'overn- ment ? But too much honor has already been paid to ihose declamations in having Mriou«ly commented upon llicm. Moreover, what man . aving the slightest ac(|uaintance with the state of the country anil its institutions, with their influence on the character and morals of the in- habitants in forming their ideas and sentiments, woidd pretend th.it with regard to the qualifications necessary 10 fulfil the duty of Jurors, they are inferior lo those vN'ho come and KCltlo among ihein Irom all piirts of tho empire ? I must also slate, that if during so niaiiy years (liat the counlrv has re'«ounded with the complaints of its in- linbilants against the abuse in relation to the diawint!^ of .luror.s, and es|K'cially during the discussions relative to the Hills successively passed to regulate it, not a single wiird of complaint was even heard aiininst their dis|)08ition« etuineialinn; tin; vital principle of the in- stitution, which presrriiies that the .lurors >|i:dl be taken without exception from among the Ixxly i>\' those qualified to fullil those functions ; \vlio would not have blushed to have put forth ideas \\hich tend to iiolliingle.sM than the oubversion of that principle, and as a conse- ipience, of those of otir Ciovernment and of all justice ; which woidil turn such a masterly piece of I.eLfislatioii into an instrument of error, of passion, of ventreaiice and persecution, the inevitable result of whieh lor the [)eo- ple, would be slaverv. proscription and brutalisalion ? It would ha\o been dwelling too Ionic >ip n those cl unonrs of one kind or the oilier, if all the pnx eedin;;* in qnestioii in the present considerations, were not evi- denllv the immcilinte re-ult of the system of violence which was put in operation la«t year in the counlrv, during tho Montreal Election, and in the second place, if it were not iidirrcnt to the \ieious system »>liich |)re- vails in the organisalifin of the adiniinstratioii and of a part of the Colonial Governtnent which I have pointed out in the previous considerations. I intended in collecting here all those traits together, to exhibit what is striking in the coincidences and concatenation winch that Elccti" i itself picsicnls. 11)1* srteelion of Grand Jurors which (iKik place after it, in the District of Montreal, their cnniliict, that of the ('ro\n Otrieer, his silence or approbation of t hour pro- ceedings, his pretensions to moiio|N>ly in Criminal penw. ciitioiis, his hucce-s in that res|H'ci, hiis representation! to the (Jovernor alter the sreond selection of (trand Jurors alike contrary to Law, the consequent proceed- inifs of the Kxeeulive with (he Assembly, in fine, (ho»o of the Legislative Couniil, and iIiom- of a iKirtion'oflho citizeuH ol the city of (jiieliec intended (o support them. One can see lliat this Irngiie, tliiii Amrmbly ofnien in anthoritv anil even of individuals, in their efi(»rt« to ^ivo a varnish of im|Mirtnnce lo those Nubjccta of complaint would only be Cidcnlaled to deceive on this side of iha ocean, did not a lucid examination diiisipate al laice their injuxliee and futility ; in line, considvijn;^ the ox- iM'iicnce which the country has already had, the n|>j)re* nensions which arc menlioned in some of the previous considerations in relation to that part of the i .Imiiiistra- tion of justice might possibly turn out to be nothin'-- but a chimera. ° CHAIN OP EVENTS. This part of my labiair would not attain the end I havo prniHwed. if I did not nt this moment call lo mind a lew traits in the history of the ciuinlry ; two antece. dent events, calculated lo exhibit the (jrogressive march of the Colonial administration, in opposition to the views of Ilis Majesty's Government and to those of tho IH'ople of the country. It haii| lieeiidoiie wi'h lli it pi inter. The l're«stlien niider the inllneiire of lli" iidininisir.itiim* had nothing to f. ar from coniiliiints. It ii,„| (uii |j|„,r(y to lavish, insult and ciilinnny u|)on all tliut wnsiespecta liif! i;t the country, winlst' Ihe Kleetioiis were e\eiy 'viir e carried on under the influence of threats. Mm ||,,. bl^,od uf its iiiiiibilanlswaH not spill ; if one of ihem did jerish il was bicaiise his iiiearceralion cornplcled the ruin of his already ddicute health. He was permilleii to die in the bosom of his tainily ; it was then a favor granted to innocence! Olheis experienced the snmo diingcrs, they eseaprd death. Neilher the Legislative C niieillors or the .Magistrates interfered liineily in the elections. The laller"'ilid not use their aulhoriiy lo force the citizens lo vote accord- ing lo the views of the nKijority and to those of Ijie Governor, If .Militia Oiliccis were dismissed, it was but a few. Those acts wero arbitrary, at least ihe Militia Laws were in force. These traits 'are suflicient to 1,'ive an idea of the state of things in the Troviuce at that jierio,!; let us proceed to tiic lie.xt. In eighteen hundred atid twenty-seven, the Gover- nor alter having been in constant colii.sion with the As- sembly during icarly seven years, with respect to die cxpciulilurc of the public monies, also ended by diR. solving the House, .'n order to iiiHuence the elections, he had recourse to the must ex; '.ordinary inean.s. The ii'l- Hill lo ronlliiue the Militia Acit naNscd tiy llio AiNctn- bly lind boon nniended l)y the Council nnd nlmiI back lo ihc AMeinbiy. The nrorof^otion which wn» foliow- rd by tiie ditiolution uf Pnrliament, intervened ; (he net expired. The Governor again put it in force, these nre liit wordi, the Militia Ordinances whicii had been derhinHl annulled RJnce upwards of Torty yrar*. Armed with lliia |)relence, he diimissed several hundred oflicerN, whose aenlimenti with regard In pub- lic aHnirs were not in nccordance with his own, (o re. place tlicin by a greater number of pcnHins who were disposed to support his views, lie did the same Ihinf; with respect to many Magistrates with the some view nnd for similar reasons. Militiamen were imprisoned fur re«i<*ting that martial power which was oiercised without tiio authority of theProvincial Parliament, infine ho lavished insult upon tho Assembly, upon men of merit ill all classes, and upon the country at large. Ho pour, cd it forth through tho Preaa, especially through a paper at his command, and published by authority, whicii had been established by him, (1.) I leave aside what took place before tho tribunals, which may be seen in for- mer communications, (2.) or in other parts of these considerations. It was not however impowible now and then lo be- hold with some degree ot coolness, a line of conduct which often presented itself in a shape that rendered it comical, and more an object of pleasantry than discus, sion. It is after the recommendation of the Committee of the Commons of England, and iaslruclions from its Government that the country have just witnessed in the Province so large a number of men armed with power, and of their partisans increasing in their former errors, still more openly mistaking its authority as well as that of (he Laws ; and their pretensions at once more insult, ing and absurd, assume a character of dismal gravity. And it is after the blood of its subjects has been spilt to compel them to submit to those pretension*, that they are at present the subject of petitions to His Majesty, praying that he will grant them. On examining the tacts presented in those consideru. lions with the attention they deserve, it will be easy to see that 1 have not be' n led away by passion. Before proceeding to a few other objects, I may be permitted to ask if tne fresh complaints of the Canadians could ho considered as the otfspriiig of injustice or ingrati- tude. No. 6. CONSIDERATION!^ relative to the actual state of the Government and of the administration of Lower Canada. Prel'ininary Remarks. If I am not mistaken the Canadians at this moment are reproached with the bitterness of their complaints. It is not sufTicicnt to attribute them to error, it is made a crime in them. (I.) Sec tlie reports of the Militia antlJusticcs of the Pcucc Coinmittea, aiul in fiuc, tbereirart of the Committee of Griev- ances of tlie Assembly in IS2S, 9. (2.) Sec the observntions whicii have ulreaily been iilliiiled tu, ill i-c>|)lv to the uiiswcrs to tlie iiccusutiuiii uf ibe Asieiii- blv. Their petitions which it ii said were received with bciieviilcnceiii 18'2S, liiivc bren llij Nubject of ii liibori- oiis cxaiiiiiiutiuii, fol uwid by u report of o Coiniiiiltcu cf the House of Comiiioii**, recominendiiig lo the most favorable considcruliun of Hit MsjcNly'i (jovcniinunl, the subjects of coin|ilaiiit therein vontuineil. in order lo remedy tho abuses whicii had given rise to lluiii Minii. lers addressed urgent initriiciioiis lo the Colonial Government to that etrect It hiii acted upon them ; nevertheless, it is stated, the coiii|!luints of that peo- plo increase in the same proportion that its wi^hc^t uro anticipated, and are doubly violnil ; it is both uiijiutt and ungrateful. Those who hold such '<>igiiuge cun. elude that they are worliiy uf contempt, rhap^ of chastisement. Those accusations moy at the first bluah present ap_ pearances of probability of an iiiipusiiig cimructir. It IS even duo to justice to acknowledge tliut during iho two years whxh followed that period, (lie iiidiviiluul who was then ut the head of the Culuniul udministru. tioii, cummeiiccd Iho work of reform with n degree of skill calculated to overcome many diniculties. It re- muiiis to be known if his track was* followed, ilOn llic contrary a totally different luut wus nut adopted. It is loudly maintained in the country that if nny efforts have been mode to remove some nbusco, tiiey have been succeeded by abuses muclT' more daiijj'eious and in greater number ; that to injustices that were com- plained of, violence has lately been added in order to |)er- peluate them and give a triumph to frenh ones. The re- presentatives point out the source of the evil. Tlicy ap- peal to the justice of His ^Injesty's Government praying that it may place a barrier to timt torrent. These doubt- less, are also subjects of seriouii complaint. Neither nre they less worthy of attention than the reasons I hare alluded to which are assigned as motives to repel them. It therefore becomes a matter of strict justice to examine those fresh subjects of complaint, and the facts upon which they are founded. And tiiat is what I in- tend to do. I flatter myself that I will be able to place both the one and the other in so exact a point of view, that it will be easy to feel the importance of the first, and to see at once the conclusions to be drawn from the second. Before entering upon tiiat examination, I tliink proper at once to point out in relation to recent features in the conduct of a portion of those tutrustcd with au- thority in the Province, a few subjects of reflexion cal- culated to throw considerable li^rht ujion the nature .iiul objects of those considerations. What would bethought in England if nearly one sixlii of the House of Lords were in the habit of" u.\crcising the functions of Justices of tl ''cace in London, of as- sembling with the majority of li. other Maj;i8trates, in- terfering in the Election of a >.>.inber of li\c House of Commons for a Ward of this City ; exerting their autho- rity in favor of the Candidate opposed by the majority of Electors, usurping the jurisdiction of the HeluiningOffi. cer, organising the whole Police under such a system ; adding toil a number of men three times as considerable, under the title of Peace Officers, for the most part parti- sans of that Candidate, and a great number composed of men notoriously known as Bullies paid at the expense of their favorite, to maintain a free passage to the Hustings for his voters, and to keep it closed by violence against those of his rival ; if those Magistrates admitted besides in the ranks of those strange conservators of the peace, every one who offered to support them ? In fine, what would it be if all their manccuvrcs hav- ing failed to overcome the citizens, a military force were called under imaginary pretences, kept near the Hustings in order to impose upon them, and even to finish bv K I i w ? beins; clirLclcd against tlicm and covcriiiii; the streets with the (Iciul. (,!•) Tlieso piicnonicna are however 8u<'ce|)tible of explana- tion by rciisideriiiL; wiiat the passions can do to l)lind men when engaged in a contest of that nature. But ilciuietnessiiaving succeeded to the tempest and left room for reflexion, and finally tlie public voice having demanded justice, the Crown Officer were to turn upon those who came belLie the tribun.'.s to cli' jus- tice against the authors of those acts of violence, if the blood s|)ilt on the occasion, and were lo rely on the judicial authority to silence them ; if he were loudly to proclaim the innocence of those persons previous to a legal invej'i;:ation of their conduct, and in the mean time were to prefer himself aecusntions against them before a Grand Jury, noi drawn from the body of those who arc within the limits of the Sheriff":^ jurisdiction, but who, against the rules and in contcnpt of a formal Law, being drawn from one class of men, and from particular locah- ties would finish by throwing out those accusations, and I will stop here, this picture presents suppositions of a monstrous nature. This is in truth but a fecblie slictch of what took place in the capi- tal of a District which in itself contains more than one half of the population of the whole Province. J3ut whatever may be the gravl.j of those facts in themselves and considered separately, they actiuire a very different importance, if it can be shewn that they merely serve as a srarnish to ai: inMnity oi' others similar and analogous, which have taken place at various ante- '^edent periods, and which are inherent to the system of organisation of the constituted authorities, against which the people of the country and tiiat branch of the Legis- lature which represents ,', have not ceased to co:;iplain, and of which in fine, that unfortunate event as well as nianv others are only the result. Thercl'orj does it be- come necessary to cast an eye over thai state of things in order to go on successively to the exposition of some of the uxts which are appealed to in support of those complaints, and among which this one will ♦igure in its turn and by that acquire additional prominence. Erposilion of some of the subjects of comiilaint of the Lanaditnts. The composition of the Legislative and Executive Couni:ils holds the first rank 'ii the grievances which have become the subject of the petitions from the inhab- ita..ts of Canada. They have repre.'iented it as the primary cnuse of all the abuses, and at the same lime pointed out among other things as its results, the ('i,:- order which exists in the administration of the finances, the numerous and repeated refusals of the Legislative Council relative to objects of known utility, even of urgent necessity, such as those whose object was to provide for the civil expenditure of the (Jovernment, whilst the Executive was constantly disjjosing of the Public Revenue, without any IcL'al authority. In short, the re;vated refusals of the (jovernor himself to com- municate to the Assembly the documents it reijuircd to enable it to proceed upon the subjecis of its delibera- tions. (I.) If those I'.xprcpsioiiB npiniir e.xa;;ift'rateil, I will bcif to nl)>.i'rve lliat the iiuiiibcr of piisuiis who (^)^t lluir lives \>\ lUv huiuls jf the .Mililarj ul .Moiititul la-t )iar, '\-> • its |i(,j;uliilioii what two hiaulrtil wuuld he in l^oiiiluii. It would not hi' miHi- ciiiit lodouhlc that nuruhcr if one were to reckon the wouiiil- ed and "lio'C wlio>e elolhc'* weresti iiek with halls. Moreover, it it \\oiild ho less p. infill in a large Cily of lirro|ie than in a counlry like on rs. In '/ower tanaila, //ic .xV/^f "/.vw/e/i/ comes nearer lo I/kiI 'ifu/iiini'i/ l\iMt in the lOiiiopean i-ocielies, e»|)e- ( ially u^ tlu \ ar. removed fiom them ; this i> MilVieient to jiiilijcr of (he niori' lively, • nidi a sjiccdv remedy was reiem it proper to dwell here for a momen upon the consideration of tha'. address which of itself offers decisive evidence on that head, at the same time that the facts I have mentioned are already sufficient to account for the resolution adopt- ed by thf. Assembly, to solicit an alteration in the mode of noirii nation which at present obtains with regard to Councilnrs ; to leave the choice to the citizens. With regard to tlie demand of the Assembly, it is that of the representatives of a country in which, differently to what it is in Europe, large proprietors form but an extremely feeble proportion of the population, and where real property is almost the only source of fortune which gives importance. It is moreover generally distributed with so much equality, that though the number of elec- tors is very considerable, they almost entirely consist of landed proprietors. I need not endeavour to show here what a vast field for reflexion this fact presents to the statesman. It is suflicient to ask, if with such a state of things, it is very possible to expect to tind the materials necessary to form an aristocracy in the true acceptation of that term and according to the nature of the thing itself ? How esta- blish an intermediate body of Legislators, irremoveable for life or iiereditary, calculated at the same time to serve as a balance in the Government, and to accelerate the dcvelopemcnt of the resources of a country, instead of being an obstacle to it ? This was the true yoint of the question which presented itself for discussion between tnc two branches of the legislature. To return to the address of the Council, I regret being obliged to observe in the first instance, that that Docu- ment, which is the work of the members of a body in which the strictest nicety of ideas and calmness cf senti- ment ought to prevail, is characterised by exaltedness, prejudices of birth and education, and what ought to be incredible, it breathes national hatred against those who represent the rcat majority of the inhabitants of the Province, upwards of hall' a million of men, Hritish born subjects like themselves ! It contains against the Assembly, a series of imputations, of ac. cusations whii ';i have nothing in ihem except '.he bitter- ness which is remarkable in that production, of asser- tions, moreover which are more than hazardous since they .ire contradicted by the facts. In fine, as I have already remarked, tliey have thought proper to boirow the recriininatior" of a Public Officer accused by the Assembly, and tne insults which he had been guilty of towards it, ii. order to lavish them themselves upon that branch of' the Legislature in which they make it a crime to have rejected a Bill, the sft'ect of which would have betii to constitute them judges to decide between it and that same accused individual. I must now leave aside every other considerntion to remark that without i)i any manner discussing or i,''en npproacliing the question of the convenience or necessity of an aristocracy, considered in the point of view in which it presented itself, they claim as a matter of right in their favor the privilege of forming an aristocracy of a description which is novel and totally unknown. Ac- cording' to the received notions, it would not depend upon birth nor upon those reminiscences of glory or public gratitude ('ue to the family of those who would ' (;mj«)se it, more than the services they had rendered their Icllow ciii/.cv.s. In fine, it would not u ?pend u|)On talents or learning more than upon property, but solely their origin, and what is still more singular, tliough that orii-'in should be loreiini to the country in wiiiili it is con- stilutctl! Thcv wish moreover by those means l<> re- main indefinitely the representatives of a portion of the citizens who would compose with them a privileged class a separate cast. Such are the grounds upon which they seriously rely in vheir demand that no change shall take place in the present mode of appointing the members of that body of which they form part. That is to say, that they claim in the name of that class the power of constantly paralis- ing at their will the wishes of their fellow citizens ; in other words, of exercising a sovereign power o"cr c'tucrs, of forcing the mass of tne people to submission, instead of being the organs of their wishes : and this dissonance so well calculated to throw the seeds of disorder in socie- ty, to destroy the springs of its orptanisation, would ac- cording to them, be the best government for Canada. On so grave a subject, in it necessary seriously to dis- cuss pretentions which deserve no other answer than to be termed ridiculous. THE EXECUTIVE COUNCIL. It may be said that the Executive Council has under- gone no change calculated in the least to alter the spirit of the body itself. Nevertheless, besides its other attri- butes, its members are in virtue of their office alone. Judges of the Provincial Court of Appeals, though by far the greater number of them do i ot profess the Law, and are absolute strangers to its knowledge, over and above which, with the exception of one only, they were all strangers to the country only a few months ago. I do n jt kij V if any others have been recently appointed. Add lO this, that this is in a Province where the causes which are brought before the Civil Courts, appeal ible be- fore that tribunal, are decided without the intervention of a Jury. Therefore the Judges of that Court of last resort in the Province, as well as those of the Court below decide both upon the Lam and fact ; besides that in the cases in which a verdict is taken and which are brought before them by writ of error, the Juries which decide them are in the two great Districts of Quebec and Montreal, exclusively drawn from the Towns and Parishes of that name, that is to say, in the one from a portion of the citizens which dres not form a seventh, in the other not a tenth of the vhole of those qualified to per- form those duties. It is sure' not necessary to remark how much that state of collision in which the Council is placed in the country, adds to the importance of the considerations which have reference to its composi- tion. A few traits of the conduct of tho Executive during the last Session of the Provincial Parliament, will suffice tOjuJge, if it is possible, that any change erai have taken place in the composition of that Council to satisfy that country. Among the addresses presented by the .Vssembly to tlie Governor, there are twenty in particular, by which it prayed for information and Documents relating to sub- jects of its deliberations, all more or less of public in- terest, and which have remained without cHect, although the answers to many of them were that he would com- ply with the desire of the Assembly, those Documents were never laid before it ; as to the others he gave a decided refusal. By one of the first, a statement of the sales of timber on the waste lands of the Crown was asked, ot!icrs soli- cited information relative to commi;tatu,;is of tenure in virtue of the (ith Geo. IV. chap. .Oy, and to the con- cession of lands in the Provinc ■:.'>. stated periods. Ano- ther was to the efiect of obtaining a copy of the |)eti!ions of the Lorelte Indians, relative to their ehiinis njion a jief I'ormini; part of the heretofore Josuils' Estates. It K ■> V . M may be asked upoa what grounds did the adtuiniutration take the resolution of eluding those demands ? It is very different with regard to the Addresses that were attended with a refusak To one of tliem relating to matters of finance, to know from what funds it was intended to defray the expences of what the admi- nistration of the Country has stiled as the Civil List ; as the matter was announced by Message, an answer was given which is in reality, nothing but a refusal, tho' less formal than the one tliat was given to the demand for a statement of the monies arising during the two prece- ding years, from the sale of timber cut on the waste lands of the Crown, and that of a detailed account of the charges of levying the duties meotioued under the head of Land fund, Sfc. Equally formal were the refu. sals to the demand for iaforinatioo relative to the recom. mendation by the Executive of an augmentation of tho Membcfo of the Legislative Council ; to that for the communications sent to His Excellency with regard to an officer lately dismissed, and for those he had received from him, in relation to his dismission, &c. Details upon these matters would lead too far, but there are two which I jeem it necessary to relate. For several years previous, ihe Assembly had presen- ted addresses relative to vacant lots of land, which it and the public sa a* the advantage of bringing under culti- vation, and in particular the lands comprised in the lease of the Forges of St. Maurice, the price of which ioims part of the public revenue. It prayed that measures might be adopted on the subject on renewing the lease, which, however, it would appear has been done by the Executive, since iis expiration, without any attezition being paid to those representations, nor I believe to the formalities previously adhered to. The Hou8«^ prayed comr^unination of the information which might have bee. received from His Majesty's Government on that subj.ct. It also prayed communication of the document by which the lease had been continued in favour of the lessee. The two Addresses on thi .t subject were atten- ded with a formal refusal, on the ground that that sub- ject was under the consideration af His Malesty's Gov- ernment, as well as the demand made by the lessee for an extension of his lease. Independently of what is strange in the refusal of these communications relative to objects of that nature, what person cannot see in the very grounds of that refu- sal, the most decisive reasons in support of the demand of the Assembly ? It had on several occasions put forth representations against any prolongation of the lease, without annexing the conditions which were necessary for the interests of the government of the Province, and those of His Majesty's Government in particular. It was certainly before the execution of the deed by which, the interests of His Majesty might be sacrificed, that it was important for the Assembly to be informed of the state of the negociation in which His Majesty's Government was to incur the risk of being induced in error, from not havin'j: before it other representations than tliose of the lessee, whose views and interests must be and are in fact opposed to those of the public. I re|xat that facts of that nature need no commentary. One inevitable consequence of that stale of things, is, so far as His Majesty's Ministers are concerned, the constant danger of error relative to subjects u|)on wliich the Members or the Colonial Administration liave an interest, in obtaining the sujuxjrt of His Ma- jesty's Government and requiring its intervention in tlieir fa. or, in the dissentions which arise between thoui •intutional, that the Assembly could not enter into details ; it pre- tended in fine, that the sum ought to be voted in bloco. In the ensuing Parliament, the persons who were the organs of the Executive, gave the As^mbly founder- stand tliat tlie Council would pass a Bill, which with- out specifying the sums applicable to each object of ex- penditure, would confine itself to making an em mera- fion of them in chapters, for each of which a sum voted in bloco would provide. The Assenibly passed the Bill in that new form, notwithstanding the opjiositions of a great many members who t^aw in that alteration a com- pliance mure than useless, which would afford a ground for fresh difficulties on the j)art of the Council , their apprehensions were justified by the event — the Counci' threw out the Bill. Fresh Bills providing for the exj)enditure of the Gov- ernment were successively pas»ed by the Assembly during the subsecjucnt Session, up to the year 1828, and rejected by the Council. Nevertheless, durini: that period of time, that is to say in 1825, tiie Assenibly in the hope of restoring peace, and to avoid all pretence of i)p|)()sition on thn part of the Council, pasted a Bill in conl'orniity with its views, merely enumerating all the objects of expen- diture fur which it intended to provide, and voting in bloeo at the end of that enumeration, the amount in.' ■ ded to that cflect ; the Council |)assed the Bill in vu new funn, and it was sanctioned. The dilHeuUies did not ihe less romnience again in ilw- two ensuing years, they were the; same as before. It was only in H2H, that the Bill which was passed by the Assembly in the same ',\mn a.s in 182;"), was adojited by the other branches of the Legislature and has since con- tinued to be so up to last year. lu the interval that has elapsed since, up to the Seo. bion of the present year, the administration whose views had changed, not deeming it expedient to retrace its steps, thought it advisable to request the intervention of His Majesty's Government to induce the Assembly again to ado|)t that form of Bill whioh the Council had for many years rejected by reason of that very form itself. In the last Session, the Assembly yielded to that fresh change, it passed in the same form as 1819, a Bill providing for tlie expenditure of the Civil Government ; it was sent to the Council and throwa out. The reasons assigned by the Council for that proceed. ing in their address, and which formed the subject of my observations transmitted to the Colonial Office on the 17th June last, are sufficient to shew the extent of knowledge of its authors in point of constitutional law. In the mean time, I must beg to recall to mind a few other traits of older date, calculated to throw some light upon this matter, and exhibit the gradual results of the system of organisation of the Colonial administra- tion. The oiler made in 1810, by the Assembly, to charge itself with defraying the Civil expenditure, was treated by the Colonial Government as an actual revolt against that '^f Majesty. The acts of oppression which the country was obliged to suffer', in consequence, l>aVe caused the name of the reign of tenor to be given to that dismal period. From the moment His Majesty thought it advisable to acknowledge that offer, the Local admiiiis- tration was incessant in its endeavours to elude both the views of this Government and those of the Assembly, especially tlie right of the latter, to regulate the expendi- ture of the monies levied on the people of the country, and at the same time by the most strange subversion of principle, to dispose of it itself without controul. As I just remarked, during the ten years antecedent to 1828, th?* of 1825 excepted, no law was passed pro- viding for the Government expenditure, (I.) The As- bcmbly had during two successive years been requested lo provide for the expenditure of the year ; we have seen here that the Council had rejected the Bill which had been sent up to it ; since that, the Governor made a demand which is novel in the colonies, of a Civil List ; one year of permanent appropriations ; another of permanent appro- priations during His Majesty's life. The Assembly re- fused, but at the same time was passing Bills for the ex. {Hjnditure of the year, which the Council threw out. Again, the Executive put forth new pretensions to which the Assembly resisted. But finally no I^aw au. thorised the Governor to dispose of the public revenue, which he however distributed in u manner and under pre- tences which varied with the years that gave them birth. It will be conceived that he himself was a mere tool in the hands of the Colonial administration. One can judge from that of the nature of the information conveyed by it to Ministers in justification of that conduct which was its own act. OK THE INFERIOR DEPARTME.N'TS. It becomes almost useless to add that the same ano- maly exists in all the inferior departments. The com- position of the Councils operates in that re.spect as a necessary cause. The Colonial administration, iu direct- ing the iippointment of public officers, must select men disposed to do any thing to forward its views and pro- jects ; thdso nro the only means by which they will be (I.) Tiicre was one butonly for a mduII piirl. sure of preserving the favors they receive and obtaining fresh ones. (I.) And in truth have they in general nothing in com. mon with the inhabitants of the conntly to whom they are for the most part strangers. The same difference of views, the same opposition of sent, acnts exists. And those are in realit >* ihe only materials which the Gover- nor can employ to erect or support the edifice of his ad- ministration. It is upon advice taken from that unique source thtit he is to form his ideas upon a countr}' and upon men to whom he is himself a stranger, and lastly to furnish to His Majesty's Government information upon which Ministers themselves are liable to form theit opinions in relation to subjects of discussion which, un- der such a state of things, must daily arise between the people and their representatives on the one hand, and individuals in authority united together by the bonds of common interest adverse to that of the former on the other, witha certain number of partisans who as they are found in all countriei, caress the authorities of the time being, in the hope of obtaining their favor or support, Wfi /Hall see in succession the results which that sort of organisation can produce and has in fact produced, itf the new resipects which I have pointed out. No. 6. Cotttiideratioba on the new Commisskyn of the Peace. Sir, When I sent you the considerations anne.vc(l to my letter of the 2J9lh Septemt>er, I intended after- wards to discuss some of the other matters alluded to in the first. Since that* Several peices of information have successively reached rrii relative to several of those which the considerations that you have already received refer to. Among the latter, the issuing of a new Com- mission of the Peace which is alluded to in my letter of the tenth of September, and many of the circumstances which attended i(, do not only relMe in genercil to the subjects of the communications in question, they are directly connected with the recent events, the details of which are contained in the second and third parts of this work, which I addressed yoo with my letters of the lOth and 28lh of last month, and to which the obser- vations relative to that new Commission are naturally a sequel. Moreover, those proceedings nmst in the eyes of the Province be of particular importance under present circunibtances. Independently of what is striking in them> by carrying bach one's attention to similar events of a more remote dale, as well as to what took place last year, they have an appearance in the exterior which would induce a belief that they had not been adopted without previous communication wiih Minis- ters, and especially that one of the most striking fea" tures in that proeeediug hud obtained (heir previous sanction. As far as I am concerned, 1 brlievc I can rely upon tim correctness of (he information I have received, with re. gard to sfvcnil of the circumstances, the consideration of which has reference to the proceedings 1 have jtist aliuded to ; it is my duty to reveal so much of it us is calculated to characterise them and lu exhibit them in (1.) A few itiilividuals mii(ht be quoted who lu-e an cxcrp- tioii tu that species of rule. They are scarre and confirm tlie rule itself. It may also be suitl that the lot wliicii they iiavu often experienced liiis nut been of u natnre to liolil out very powerful indncenientn to tliot^c iu wlinni tlie considerations of duty did not ovcrbalanro those wliieli are connected "■ subject of my letter of the 27th of June last, •: .lich 1 have since had the honor of mentioning to you , .iiso my offer to afford any explanation in support of those Bills, should any difficulties arise in that respect which I could not forsee, as I shall always be ready to do in relation to all the other subjects of my communications. I beg you will accept the assurances of the profound respect with which I have the honor to be Your most obedient and Humble Servant, (Signed,) D. B. VIGER, London Coffee House, Ludgate Hill, 14lh October, 1833. To the Right Honorable £. G. Stanley, His Majesty's Principal Secretary of State for the Colonies, &c. &c. &c. CONSIDERATIONS, &C, New Commission of the Peace, erasement of the names of some of the Magistrates, appointment of the new Magistracy, and other circumstances relative to one of the Magistrates excluded from the new Com- mission. Since events of a still more recent date than those inenlioiied in the previous considerations present them., selves in support of the observations which they con- tuin relative to ihe organisation of the Local adminis. tration. The Commission of the Peace which issued under the Government of Sir James Kempt, has just been set aside and a new one issued. Among other circum- stances which go to characterise the systetn of conduct resulting from that administration, the crMsrniont of tin; Montreal Magistrates who were in the old Cnmmissiuii at the period of the Election of lust year, the prcserva„ lion uf the names of the others in the new one, the proportion of the number of those Magistratps taken from the respective classes composing the population ; in fine, the appointment of the Members of that Magis- tracy in the difTerent localities of the Province appear to me at this moment to be worthy of serious atten- tion. As I am driven to conjectures as to the rtasonsupon which the resolution of issuing a new Commission was adopted, I will abstain from all observation on the sub. jecl. Such is not the case with regard to the circum- stances which I have just mentioned. They are facts, and the conclusions to be drawn from them admit of as little doubt as those facts themselves. The names of two Mairistratea who had constantly opposed the measures adopted by their brother Magis- trates during the Election, are not in that new Cominis. sion. With respect to one of them, the motives of that erasement have not been stated ; as \o the other it is now known that it was in consequence ofa Warrant to apprehend two Military Officers upon depositions takea before him, in consequence of the death of the citizens who were killed on the 21st of May, by the Bring of the troops under the command of those Officers. The fault of tliat Magistrate, in the eyes of the Exe- cutive, consists in having given that Warrant alter tho Bill of Indictment, which 1 alluded to in my previous considerations, had been thrown out as has been seen, by the Grand Jury of the Court at Montreal, some time after the catastrophe. The legality ol that order cannot be a subject of examination at this moment It must be sufficient to ob- serve that that Magistrate did not act of his own accord. He had taken the opinion uf an Advocate of dis- tinguished reputation, of known talents in his profes- sion. Those Military gentlemen had not even been made prisoners. The Peace Officer in charge of the Warrant had not even given an account of its execution to that Magistrate. But those againt whom it was directed immediately applied to the Judges of the Court of King's Bench at Montreal to be discharged. The Advocate whom I have just alluded to, and one of his brother Advocates, came themselves before the Judges to defend the proceedings of that Magistrate. The Crown Officer formally opposed their request to be heard, upon the pretence which I have so often been under ilio neces'sity of mentioning, that he alone had a right to interfere in proceedings relative to indict- ments, and on that ocriisioii also the Judges yielded to that opinion ! He wont still further, in seconding the demand of the accused to be discharged at once. No discussion took place. All that the Advocates on the other side were able to obtain, was the liberty of quot- ing authorities, without observations ur commentary, without being permitted to enter into the coiisideratioii of any of the circumstance relative to that all'air or even to the proceedings of the Coroner sulisr(|uent lo an inquest wliich was of no avail, since the Jury which he hud summoned after the calnslroplie had given no verdict. The authorities thcmstlwcs wliieli were quoted cannot have been the subject of cxiiminution by llic .ludges in their chamber, since llicy gave ilicir decision without moving, and iininediiilely ordered the uc- cu=crv:itioti9 upon n letter from J. Stuart, Esquiro, to Lord (ioili'i it'll. CJ.) (ioveinoi's Message to the Assembly of llie I81I1 Martii, ISJ3. (o preserve the Town from that imaginary danger. That explanation was never given— it is not to beTound among the Documents. It was upon the assertion of another of those Ma- gistrates, that the mob vias massacreing a man, and attack- ing the houses, it was on the pretence of preserving the lives and property of the citizens, that the Troops were ordered to march, and finally to fire upon the people ; neither does it appear to have been advisable to request that Magistrate to give an explanation of his conduct on that occasion ; we have seen that his deposition is not even among the Documents communicated to the Assembly and transmitted to His Majesty's Govern- ment. In short, those of the Magistrates who assembled on the twentieth of May, the day before the catas- trophe, had adopted the resolution of requirin"- the armed force, whose assistance nobody required ; ihey had not before them the slightest information calculated to shew the necessity of such a proceeding ; they did not even take the trouble of procuring any on that day nor the day following, previous to requiring tho Commanding Officer to march his Troops, and fire upon the citizens ; they afterwards attempted in vaiit to obtain depositions in support of that measure. It was especially after blood had been spilt, that the neces- sity of requiring that explanation from them ought to have appeared pressing and imperative; that they ought themselves to have felt the necessity of affordino- it in a clear and precise manner ; none was required from them, neither did they trouble themselves with af- fording any, more than it had occurredto them to con. sider beforehand, if circumstances required the death of the victims whose sacrifice was preparing; and their names are in the new Commission I Ana upon what grounds have the two Magistrates who opposed that conduct deserved to be excluded from it ? The choice which has been made of Magistrates, among two classes of inhabitants in the Province with regard to the number of each, and the manner in vvhicii the appointments have been distributed in the different localities, in proportion to their respective population, are also worthy of attention. The number oP Magis- trates named among tho old inhabitants of the couiitry and those who have came in it from elsewhere, is absolutely in inverse ratio to the number of each, to the prejudice of the body of the people. This dispa- rity is also more strongly marked by the equally stranoe manner in which the appointment of Magistrates has been distributed in the different localities of the Pro- vince. In a great many places, that of Magistrate is in in- verse ratio to their respective population. They exist in several places, especially in a proportion, which, like many other traits exemplified in my previous consi- derations, would furnish materials for a satire of a burlesque character; did imt the circumstances render it the sul)ject of serious reflexion. Some of those places for cxample,where the|settle(nentsareold, and ivliose po|)ii_ lationhas foralongtime amounted to between one anil four or five thousand inhabitants, have only one Mni>is_ trale or none at all, wiiilst other localities, which 111 ve been settled only a few yeuis sinc«', and in which the inliabi. tanis who come from other parts to settle in the coun- try amount only t(, a few hundred, have one or two and sometimes three. How can these anomalies be ex- plained f In increasing the number ofJusticcsofthePcace in those recent establishments, tho object cannot assuredly have been to submit their iidiabitants to the action of a more rigourous or active superintendence than those who are born in the country. Could it be as a svinbol of L2 il [ ! It ■I pre-eminence, of that superiority of origin, claimed by those who represent themselves us their organ ] Neither must the opposite course which was follow- ed with regard to other parts be considered as a homage paid to the virtues of the Canadians, to their habits of respect aid submission to the Laws, which rendered useless in the eyes of the Executive, as far as they were Those are matters which are certainly worthy of re- mark ; what follows is equally so. We have already seen that the accused were dis- charged. Whilst they were b"<",.. the Judges, the Soli- citor General on the one hand, said openly that the proceedings of the Magistrate could not be justified, that the innocence ol the accused was established by the concerned, those precautions which were deemed nes- declaration of the Grand Jury ; he mentioned those who sary elsewhere for the suppression or prevention ot disorder. — Can it have originated in a desire to affix be- b( forehand the stamp of inferiority, which the majority of the Council aod a portion of the citiiens of Quebec hav e this year so loudly pretended to assign to the Cana- dians in the country which gave tbem birth t I must say at least '.hat neither one or the other deserved that outrage more than they were entitled to that ex- ceeding honour. I think it right at present to leave aside several traits had lost their lives on that occasion, as men whose crime had been established ; and it was when the Counsel who represented the private accuser attempted to address the Court that he found means to reduce them to silence. On the other hand, the King's Counsel, with the same degree of confidence, put forth the opinion that that Magistrate was, in virtue of the dispositions of a Pro- vincial Ordinance, liable to a penalty- of £500, for hav- ing given that Warrant. That opinion is as untenable as the idea that the letter from the Clerk of the Crown of conduct 'of the same description ; the statement of was an order which it was a crime in that Magistrate not these is sufticieut to enable one to judge of what the blindly to submit to. It is added that one of the Judges appeared to be of the same opinion as the Connsel ; it was under those circumstances that 'he Counsel of the private prosecu- tors were prevented from speaking. I will again leave aside the details, I will content my- self with observing that the Public Officers who thus take a part in public discussions, are those from whom the Governor, a stranger to the country, must re- ceive information and take advice, in relation to those very subjects of discussion which may be again referred to him for information and advice to His Majes- ty's Government. I entrust the rest to the reflexions which grow out of the subject. details would present. What nun of learning, the fruit of study and experience, can be ignorant of the fruilfulness of error and injustice f I will confine myself to observing that the connexion between those proceedings and the acts of violence of last year, cannot escape attention, at the same time ih'l they aie an unhappy imitation of those which the country reproaches to previous administrations, the turbulent character of which has left such deep traces. What can the people see in this but illusions without consequence ? How can they be convinced that those whose ascendency in the government of the Province can bring forth results of that nature, are imbued with sentiments corresponding in elevation with the rank they occupy? that they are strangers to national pre. judices and hatred, thd aecedsary appendages of domi- neering pretensioDi ? As tne conduct of the Magistrates which I have just now particularly alluded to, appears to have been the subject of some communications on the part of the Executive of the Province with the Secretary of State, it now becomes my duty, before qui' ting this sub- ject, to acquaint you with some other circumstances, the consideration of which has reference to that of the omission of his name in the Commission of the Peace ; . _ also with an other subject of complaint which was put J^' °^_^ despatch whicii I addressed to Your Lordship on forth against liitn, and which appears to have been since ^.^ .*^?^** ■?.?.""^'^y' '.^^'-' respecting the case of Mr. abandoned, and something as to what took place before the Judges, subsequent to the Warrants he issued for the arrest of the Military. Whilst the latter were applying to the Judges for their discharge, the Clerk of the Crown infonned that Magis- trate in a letter Ihat the Judges of the Court of King's Bench re'iuired him to lay before them the depositions he might have in his possession upon which he had given tlie Warrant in question. (1.) The .Magistrate who was not even informed of the proceedings adopted relative to the accused, answered that they had not been brought before tlieiij, liiut he was only waiting until the Warrant should be executed, to put the Judges in possession of the dep-Jbitions and of all other information he might have received in the further discharge of liis duty. .\nd tliii is all it amuuuts to. Hut since that, in an otficial communication from the iiiyli authorities, that proceeding on the part of the .Magistrate lias been (jualified, as a refusal to obey the demand to produce the information upon which he had given that NVarrant, and it is in that respect that an ex- planation of liis conduct was required from him, (2.) and lie gave Uvuu the one I have alluded to. No. 7. Downing Street, loth February, 1833. My Lord, I hare received Your liordship's Despatch, No. 101, dated the 1st December last, enclosing a series of resolutions passed by the House of Assembly on the sub- (I.) fvellcrof the I5ih SepCeinbcr, I83'i. (•-') Ltiier' of ihcCivil Secretary lo the Governor, of ihu I7th jHii'iaiy, i^'JJ. Christie. These resolutions .state that the House of As- sembly duly appreciates His Majesty's a knowledgement of the right of all his subjects to such assistance as ho can afford for the redress of any grievances under which they labour, but that the House has seen, with regr«>t, that His Majesty has been advised to act upon his grat-i- ous intention in this respect in a case where the |)rivile. ge» of the Assembly are concerned. The resolutions further state that in exfwlling Mr. Christie, the Houpo exercised a privilege frequently exert ised by the House of Commons, and by representative bodies in the Colo- nies — that the House is the sole judge of the ca.«ps in which it ought to exercise this privilege — that the res )lu- tions transmitted with Your Ix)rdship's Message, i.nd purporting to be rcsolutious of Freeholders and Kleetors of the county of Ciaspe are false, scandalous and mali- cious — finally that these resolutions passed in the county of Gasjic, and the letter from .Mr. Christie by which they were accompanied, should be expunged from the Jour- nals of the Assembly. With respect to that resolution which expres.ses the regret of the House that, iti a caso where the privileges of the Assembly are concerned, His Majesty had been advised to act upon His (iracious in- tention to acknowledge, the iii;lit of all his subjects to such assistance as he can aflbrd, for the redress of any grievances under which the labour, I have to assure mra^RK^ Your Lordship that I shall always feel concerned in being informed that the Assembly regrets any step which IJis Majesty may be advised to adopt respecting the nitairs of Lower Canada. On the present occasion, however, 1 must observe that unless it had been thougiit |>ropcr to recommend the total suppression of a petition from one of his subjects, His Majesty could scarcely have been advised to pursue any other course than to refer the alleged grievance to the body by which it was said to have been inflicted, in order that if unfounded, it might be declared to be so — if well founded, it might be re- dressed. In this single observation is comprised the whole of what I have to remark to your Lordship on that part of the resolutions, which regards the propriety of having communicated to the Assembly Mr. Christie's petition. But I will not conceal the general regret with which I have received tiie resolutions of the Assembly on this subject. When I addressed to Your Lorddiip my des- patch No. 74, of the 26th January, 1832, I could not but suppose that there was some erroneous htatcmcnt in the case of Mr. Christie as represented by himself. I rouid not until the Assembly liad ronsidered his repre- sentations, and had supplied such information on them as it might deem meet to convey to His Majesty, as- sume that the House had pursued a course which cer- titinly did to my apprehension appear opposed to princi- ples solemnly recognized by the Parliament in this coun- try. Now, however, I learn that the Assembly distinctly asserts its right to expel one its of members, on no other ground than that on which lie was expelled by a former Assembly. A former House having expelled Mr. Christie, the present House in three successive Sessions renewed the expulsion without the assignment of any new cause ; and finally, has declared that this proceed- ing is the exercise of an unquestionable privilege belong- ing to the Assembly. According to this doctrine Mr. Christie can never be admitted to the House, the ground of exclusion being always the same, there will be no reason why he should be admitted on the occasion of his next Election more than on any previous occassion ; and the Assembly if it act consistently must continue to ex|x;l Mr. Christie as long as his constituents shall con- tinue to return him. If to pursue such a course be one of Uie privileges of the House of Assembly, the House is |)0s8essed ot a privilege not merely to expel a Mem- ber for any one Session, but virtually to declare him dis- aualified for life, and to disfranchise, until one party or ic other shall abandon the contest, the body of Elec- tors by which the same Member is continually select- ed. The resolutions state that in expelling Mr. Chrisl.e, the Mouse exercised a privilege frequently exercised by the House of Commons. I am not aware how this opinion is reconciled with the |)rinciplc established by the resolutions on Mr. Wilkes' case, passed by the House of Commons on the 3d May, 17S2. The decision there recorded appears to me suflicicnlly explanatory of the doctrine adopted by the House of Commons for its own guidance on the great constitu- tional question which is now raised by t!ie Assembly of Lower Canada. But it is said that the occasion of the original expulsion makes a ditlcrcnce, and that if the oti'ence be flagrant, then a re|)catcd expulsion on the same ground is justifiable. I cannot admit that this proposition is consistent with the doctrine to be drawn from Mr, Wilkes' case. The [)rinciple established in that case appears to me to be plainly and beyond all controversy this, that the House of Commons is the judge wiiether the oll'ence committed by a Member is a sutlicient ground to dis(|uuliry him from sitting after the occurrence of an apporlunity for u new Election. When the House of Commons acknowledged the existence of error in its previous proceedings on Mr. Wilkns' Elec- tions, and by the precedent established in its resolutions on that subject disclaimed, for the future, the power of rendering an individual permanently incaimblc of sitting in Farlianient, no condition respecting tlie nature of tho original olfence was implied. Had the |X)\ver of repeated expulsion not been totally disclaimed, but only been implied to be conditional upon the gravity of the first offence, it would in fact have received no cil'ectual limit at all. For under the most violent proceedings against any indii'idual Member, it could not be denied that the House signified by those very acts its own opinion that the offence jnstl.';:"' the visitation. The truth is, that the House of Commons has, by its own decision, ex< eluded all (]ue.stion8 respecting the occasion of the first expulsion. In times of political excitements those who arc subject to its influence will probably always believe the particular occasion in which they are interested to be one of special importance and peculiar character, and it is not to tiie judgment of parties in such moments of agitation, that the rights of Electors have been left in this country. If the orii;inal ground of expulsion be really flagrant, it is to be hoped that the good sense of the Electors themselves, whether in Great Britain or in Canada, will afford the best security that the expelled Member will not again find a seat among the Represen- tatives of the people. In the preceding observations I would by no means be understood as questioning the constitutional right of the House of Assembly to be the sole judge of its own pri- vileges. I quite admit that the Assembly of Lower Canada, in like manner as the House of Commons in this country, is alone competent to determine its own privileges — and that if it resolve .o expel a Member oa any ground whatsoever the rcsoli ion is irreversible, except by the Assembly itself !•: all free states, the supreme Jjcgislative Chambers are unavoidably entrust- ed with power to which there is no strictly assigned limit, not indeed because the abuse of those powers is impossible, but because there do not exist in such states, any higher authorities to which the control of tlie Le- gislative Bodies can be committed. I cannot too clearly express to Your Lordship my entire acknowledgement that it is not for the Executive Government to interfero with such privileges. The exercise of the high but irres- ponsible powers of this nature, with which the Imperial Parliament and the General Assemblies in the British Colonics are entrusted lor the conmion good, is always watched by the public at large with a careful scrutiny, and it is only in the public opinion, thus formed, and in their own sense of justice, that there can be any con- trol over those exalted bodies which the Law exempts from all direct intei ference with their |)rocecding3. Considering tlierelbre the undeniable riglitof the Asscm- b'y to (bilow whatever course it may deem meet respect- ing Mr. Christie, it wou'd neither be decorous nor con- ducive to any useful purpose that tbcGovernmcnt should enter into u discussion on the subject. His Majesty has fulfilkd the tusk that be deemed incumbent on him, by referring the alleged grievance of a Petitioner to the body by whicli it could most appropriately bo examined, and if found just be redressed. That body has decided that there is no grievance. His Majesty's Government has not any power to alter nor consequently any obligation to question this decision. Being of opinion, therefore, that it is not fitting to originate any new communication to the .\ssembly on the subject. I do not instruct Your Lordship to transmit by Message the present despatch ; neither, however, do I instruct you to withhold it, if the Assembly shall apply t^ yon for copies of any com- munications received respecting the resolutions passed on the 30th November last. There is nothing in the ob" scrvations 1 have made which I wish to conceal ; and M I i I have deemed it my duty to aoqumnt you explicitly with my sentiments respecting au aifair which is so important to the inhabitants of I/)wer Canada, and on vhich altho' it is not a proper subject for further dis- cussion with the Assembly, the Members of His Majes- ty's Government are liable at any time to be called uiwn by a Petition from the inhabitants of Gaspi^ to declare their opinion in their places in Parliament, I should have been guilty of an omission not to have acquainted your Lordship with the {grounds on which, should I be thus called upon in Parliament, 1 should feel bound to 8ta(c my opinion, that the Electors of Gaspe have been placed under an inconvenience to whcih no Body of Electors in this Kingdom could be subjected. I have the honor to be, My Lord, Your Lordship's Moat Obedient Servant, (Signed,) GODERICH. ' No. 8. Sib, The number and diversity of objects to which I have been obliged since some time to give my attention, have put out of my power sooner to send you the copy of several letters hereunto annexed. They form a por- tion of my correspondence with the Colonial Office, re- lative to matters upon which I have laid before the Secre- tary of State, observations which have already been communicated to the Assembly. It was of a more press- ing interest to acnuaiut it with the latter than with those ixtrtions of ray correspondence which I now address you. With regard to these no inconvenience could result from delay. I beg Sir, that you will oeg the House of Assembly and yourself to accept the assurances of the profound respect with which I have the honor to be, Your most obedient and Humble Servant, D. B. VIGER, Lodon, 6th April, 1833. To the Honorable L. J. Papineau, Speaker of the House of Assembly of Lower Canada, &c. &c. &c. Montreal. Mt Lord, The cont'. nts of the Despatch which Your Lordship has been pleased to communicate to me on the 2nd inst. appear to me to suppose in thu Assembly views different from those by which it was governed in relation to Mr. Christie. As uiy silence miglit possibly be con- strued into an assent in this respect, I have thought that Your Ijordship would be willing to receive a few remarks calculated to throw some light on this subject. It is not opinions and sentiments put forth by Mr. Christie in writings, to be condemned on account of their immorality, or by reason even of flagrant insults towards the Assembly, which have served as a motive for his ex- pulsion on this occasion. — It is facts which I shall leave toothers to qualify by their proper epithet, and which are art .usceptible of diversity in the inferences to be drawn from the facta theirselves. Being a servant of the Assembly of which he was one of the first Officers — an elected Representative besides — the head of the Magistracy in Quebec, in quality of President of the Quarter Sessions, he successively made use of the credit and influence attached to those important offices, to cause his confreres who were at the time Members of the Assembly, to be deprived of their Com- missions as Justices of the Peace, on account of their opinions in the House. It is not necessary for me to say, that this is a double betrayal of the confidence of that Body, and of miiny of its Members in particular — of his fellow Magistrates, and of the Governor himself, whom he induced to adopt th.tt measure. — That these proceedings tended to destroy the freedom of debate in the Awembly — to annihilate its independence — to enslave it — to burst all the bonds of union — to terminate all communication between this branch and the Executive branch of the Government — in line, to throw the country into anarchy. Such was the description of facts with which the ac- cused was charged. There was nothing complicated in them. Tliey were simple, clear, prcciue as was also the proof which supported them. It was never attempted to deny them, nor even to explain them, in order to diminish their gravity. Those were the motives for the first expulsion of Mr. Christie after he had been fully heard. I must now add that the situation in which they have placed him in relation to the House of Assembly, has never experienced any alteration, and that it is oxacdy to-day the same as it was at the date of the first expulsion. It is then I think evident that his rc-expulsions have been grounded on the respect which the Assembly owed to itself, dictated by feelings of honour, that Ihey were the consequence of the necessity that existed to watch over and provide for its own preservation, rules of con- duct which it could not more dispense with than any other body, nation, society as well as individuals, who can- not be forced to submit to dishonour, or to expose their own existence to any danger by fostering in their bosom, or leaving entirely free among themselves a man who, after having laboured for their destruction, does not even take the trouble to deny the intention, or the facts which prove it. From these data, it is easy to see what opinion ought to be forme