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' brief view of ihe leading features of this abortion of legislative wisdom, which vould seem to liave been generated by the spirit of oppression, under an awful cloud of Egyptian darkneL\s. As this measure, from the beginning up (o the present stage, appears to be one of the most dark and deep political snares that was ever laid for the Ubcrties of a free people, it is essential to view it from as early a date as po-sibie. At the beginning of the last parliament, assembled in the winter of JC20-1, J. B. Robinson, Esq. His Majesty's Attorney General for this Colony, took his seat for the town of York, which he obtained without opposition, in conserjuence of tho deservedly popular gentleman, (Major Loring,) who intended to have opposed him, having been called upon to join his regiment. — I'he Attorney ('oneral coming into the House under these circumstances, was regarded n)ore as the organ of the Exe- cutive than the representative of the good people of York, and from his unusual flow of words, and other good natural talents, although but rudely cultivated, he at once became the leader of the ministerial side.' A number ot Anglo-Americans were then returned to the House, and among them Barnabas Bidwell, Esq. a lawyer of deep research, consuniate knowledge, and superior talents. Mr, Ridwell, and ahnost all the Anglo-Americans, joined the popular side, carrying with them a majority of the House, and took a bold and unequivocal stand in favour of the rights and privileges of the people. Jiy this means, and owing to the sharp-.-^iyhted views of Mr. Bidwell, and his profound knowledge of the law, which enabled him to analyze the measures of the ministerialists, and throw in upon them salutary aniemhnents, the plans of the lat- ter were deranged, and many of their favourite projects frustrated. From this moment, a determination seemed to enter into the minds of the minis- terial party to new-model ttie representation of this Colony, so as to meet their own views ; and the Alien Question was selected as th<^ most feasible meanc of accom- plishing this darling object. And as Mr. Bidwell's wholesome amendniendments thrown in with a masterly hand upon the measures of the younger and more ine.v- perienccd lawyers, who were basking in the sun-beams of courtly j)atronngc, made tjiem feel not a little feverish in his presence, he became so obnoxious to the ministerial party generally, that they determined to get rid of him by some means or otluT. W ith this view, a hired inionner was sent to Bo.'ton — thirsting after defamation, as the tyger thirsts for blood— seeking fiom every record in the State of Ma.ssachuseits — from the mouth of every political ernmy — a stain to be fastened upon his character. Jn the whole course of thisdii^graex fui inquiry, the most exalted character that ever was borne by any man filing hiiih ofiicial situ- ations, turned up in favour of Mr. Bidwell, even from the very mouths of his politi- cal enemies — But while he filled the arduous situations of AlLorney (-eneral of the State and Treasurer to the County of Berkshire, his clerk, who managed the books in the latter department, made some unfortunate erasure or error which had long since beed made cood bv Mr. Bidwell, to the last farllu,<," — ''hi- was >■:■ zed on as a sin against tlic Holy Ghost, neither to be forgiven in this world nor in the world to !» ••I come — the informer delivered in his foul gleanings — the miniaterial party pounced upon llie character of Mr. H. with that dti^rce of tenderness and mnrcy which vulture| show to lambs — thc^cry of foryery — felony, &c. — from the hollow \o\CG o( Cutharus the political dasTi^er man, and other olficial sycophants, reverbe- rated from the vaulted ceiling of tiio assombly-room.aiid was heard resonant, through every hail in the House — (men who ouglit to be the ashamed to mention crimes that could be brought so near their own d.mrs) — no respect to the age, the talents, or the universal upright character of the subject then under the dissecting knife of calumny. Mr. Bidwoll was put on his trial — his enemies were conscious of success. — But as the physicians at first tried the tiHects of vaccination and other experiments on criminals under sentence of death, so did these charitable legislators choose this gentleman as a fit subject for their first ex|>eriment against the rights and privi- leges of a large and respectable portion of their fellow-subjects by means of the Alien Question. As they were afraid to try its individual merits nakedly, they introduced it, ds a kind of feeder to the foul Bostonian current of defamation, and having gained a few votes by it, Mr. Bidwell was ousted out of his seat, by a majority of one, in the face of law, justice, and precedent — insomuch, that on a subse(|uent trial, one member, who had voted against him, publicly asserted in the House, that his having done so was an act which, of all others of his life, he regretted most, on mature reflection. On the day after Mr. B. lost his seat, a bill was intro- duced, supposed to have been drafted by the AttorneyGeneral, to cover the illegality of this proceeding, and to disqualify the whole class of people to which he belonged from taking a scat in the House, in order to prevent his re-election, which otherwise would have followed as a mntter of course. By this transaction, the indignation of every unbiassed man in the colony was ex- cited, and Mr. Bidwell, jr. son to the expelhd member, a young man of supe- rior talents was immediately invited to the hustings, in order to fill the seat thus vacated. The returning officer, however, thinking that the Alien Question was finally set at rest by the decision of the House in the above case, or having instruc- tions from the Executive so to do, rejected Mr. Bidwell, jr. on the ground that he, having been born in the U. States, &.c. was an alien, and returned Geo. Ham, Esq. ^n. opposing candidate. ^Peter Perry, jr. Esq. (now a member for Lenox and Addinjrton) and others, pro- ved against the return, and petitioned the House. The ministerial fleet, buoyed ^^'ith the success of the alien side-wind experiment against the father, now put out from their moorings, and ran down full-sail upon the rights and privileges of all the Anglo-Americans in Upper Canada, in the case of the son. The contest came to issue on the above petition — Messrs. Attorney General, Jonas Jones, and Il^iger- man, took the command on the ministerial side — Messrs. Baldwin, ^;ichol, Hamil- ton, and the present Speaker, on the side of the people. The contest was close, sanguinary, and doubtful for three or four days — when the ministerial pprty began to give way — 'f'hen were flie " tears of loiia]li/' seen to flow in gentle streams down the cheeks of one of the bravest of their leaders, while rallying his forces — then was one of the famous lachrymal ap})eals from the " son of a U. E. loyalist," made without effect — all was in vain — tliey had to contend with freemen — and were totally routed by a sweeping majority. This contest closed by making void the return of Mr. Ham, and confirming the eligibility of Mr. Bidwell, jr. who, on a new writ of election being issued, was again brought up to the hustings and returned for the counties of Lenox and Addingfon. 'J'hus defeated in open combat, the Anglo-American enemy, sadly discomfited, and with drooj)ing flags, retired into harbour to refit. Fully sensible of their own weakness, and convinced of the inexpediency of another open attack, their thoughts turned wholly upon stratagem. The very men who had strained every nerve, ex- hausted every argument, and whose loyal tears were seen to flow in the heighth of f iriy pounced uiitl mercy 1 the hollow Us, rcverbe- nant through nlioii criines , the talents, iting knife of )f success. — expenments lators choose rhts and privi- rieaiis of the lakedly, they defamation, t of his seat, much, that on isserted in the e, he regretted bill was iutro- r the illegality h he belonged hich otherwise colony was cx- man of sune- 11 the seat thus I Question was having instruc- Tround that he, leo. Ham, Esq. md others, pro- il fleet, buoyed father, now put privileges of all le contest caine nes, and Iliiger- ISichol, Ifamil- ntest was close, rial pprty began le streams down lis forces — then loyalist," made men— and were d confirming the ssued, was again and Addington. adly discomfited, iblo of their own ;k, their thoughts every nerve, ex- in the heighth of their zeal, with a view to deprive the Tlidwclls, father and son, of the elective fran- chise, by means of this very same alien (pieHtion, at oii<:e tu.iied round — assumed an apparently friiully atlitiide, and under [)retence uf setting tlio matter lo rctit, and allaying the doubts whicli themselves had laboured to excite, (but with the actual view ufobtainging an ac!uiow!ed>;einent from the mouths of the representatives of people that the Aiiglo-Amerieans were aliens,) introduced a series of kc- solutions most graciously ])roniising all the ri,;hts and privileges of natural born subjerts. — 'I ho veteran defenders of the people's rights had now been too long in the field to be tluiK (>nsily outllariked — Mr. Wilson, our pret^ent honor- able Speaker rose, and put forth against them the u hole powers of his clear and comprehensive mind, in a strain of nalive eloquence, simple, it is true, in its garb — but powerful and resistless as the mountain torrent. — " Doubt not," said lie, " the rights of jieople who proved themselves worthy of the name of IJritish subjects in 'the day of peril — disturb not the minds of tliosc who liavo been in the peaceable enjoyment of their rights for thirty years — tamper not with a supposed disease, to which you have no power to afford an elfoctual remedy." — No allusion was made to the loyal bones of his ancestors in the grave— whose sons were obliged to sit within the same walls with "J'elnns and deinccrais" — no " loyal tears" were shed — yet the appeal was convincing — the snare was unmasked — and the Resolutions swept out of the House by a large majority. The failure of this stratagem, put an end to al' hopes of success in this trick, un less the home luinistry could be induced to turn a card. \\ ith this view commis sioner after commissioner — lay and ecclesiastical — were sent to London — while the people of the colony were enormou.sly faxed to pay for their underhand services : — representation on representaion followed — every shelf in the alien-office was ransacked, but no case was found to suit their views. At last a solitary decision of the Court of [\ing's Lench was had by accident, or designedly got up to meet the case, by the agents of the trick, from the interest and intimacy created among the under-strappeis at home, by their many and well-paid for visits. This decision again lifted the druping hopes of the ministerialists in the colony — communications afresh showered about the cars of Karl T'athurst — but cautiously, so as to have the final management of the question under the hands of its first agitato; s in the colony, to dispose of it according to the original design — namely, to confirm their titles to real estate, but deprive them of the elective franchi.'^e. f^arl Bathurst, at last, overcome by importunities, and, in the hurry of business, evidently either not having before his eyes the leading features of our constitutional act, or being implicated in one of the deepest political tricks ever attempted against the liberties of a people, (which is not for a moment to be supposed, as no doubt are entertained of the sincerity of the imperial government) sent out to the Exe- cutive of this colony the following document : — '''■Extract of a Despatch from the Right Ilonourahle the Earl Bathurst to IFis Excellency Major Gcnerut Sir Peregrine Maitlutid, dated Doictiirig Street, 22d. Julij i;)'25," '"I fiavc had niuler my considoiiUion the PiEPRESEiX'IWTIONS vvl)ic!i I liave fifid tlic ho- nor of I'Pceivinj:^ from you, on the snhjcct of yiliois who liavo iHc-ome .=oUl'rs in the Pro\incc of Up f'r Canada, and I rei^rct that it arri\ed at a period of llie So:>sion loo late to admit of any mca-iirk'' beins proposed to I'arlianifiit. '• ' / am of opinion ;hal it irill he adriscble !o confer by a Tjegidativc enactment, the civil rights and privileges of British sulrjeets upon swh citizrns of the United States, as tieing heretofore scttlea 171 Canada, are declared hi, llie judgment if the Courts of Lav, in England, and by the opinion nj the Law Officers to be jlliem; ; and of inclii the Jjritish rcrvice and siicli oilier forcinpers re.'^idfnt iii Canada, as are in truth Aliens, ullliough tliey have hitherto enjoyed, without question, Ihe right^ of J3rit)!-h subjects. " ' If, thenfore. yon should deem it expedimt to submit to the Legislature of Ihe Province at it^ next Hesson. a Bill Itiv the relief of stich [lenony a? are now in the Provi.ice, I have to convey K you His Alajeoly's sanction for assenting to it, notwitlisianding the general royal inatruction or 6 f (that subject, nnd there is no necessity for you to wltlibnld such Bill fi)r th« signification of His 'Majesty's |)lra-iiip. luUais it skull pats in suck a shape as may make t^ov. donh/Jnl of Us txjirdicney.'"* (TuvK Copy.) ' {Higntxl) G. HILLlKil. " On receiving this despatch, which left it altoocthcr at the discretion of the Exc- icutivo whether or not tlic measure should be s'lbniitted to the colonial legislature, His Excellency itnmodiatr.ly cornmiaiiculed it to both Jlon.ies, recornnieiiding thcra to pass a law to nieot tlie ca.so. With Ihis view, he called upon the Attorney (jo- neral to drnt't a bill to be subinitlcd to the !ir)n.)rable 1 e«.islative Council, in strict i accordance with thi^ despatch iiiatch, and reoomniendmg the Executive to refer the ' measure back to the n:iperial legislature, thi;^ legal ailvitser of the crown sat down [ ,and dr.ificd the loHowiii!! bill — the greatest anoinuly in le^ish'.tion — the deepest i ^laid snare agai'ist the rigli's of the people — that ever appeared in any country on ■ earth — purport iiig, on tlio fnce of the pr(\Mn!)le, to give all the civil rights of na- tural born subjects, thus cctcnding the boon beyond the power of a colonial legis- lature, but, in all the enacting clauses, slippnig in ilie two jjavticles " SO THAT" no estates, &:.c. sh:iU be vested in his Majesty, or titles inipi ached — thus by a nice I legal turn coraing up to the original design of depriving every Anglo-American in (• the colony of the elective franchise : — ! f »4JV ..'ICT to cov/inii and quiet in the possranion of their Estates, and to admit to the Civil Rights ofsuljijecis, certain rlasjes of Persons llicrein mentioned. WHEREAS many persons have l)ecome resident in this P:oviiicc who having been formerly citizens of tlie United Slates oi' America, and l)eiii^ suhjccls of ttie Government of those Sta'.';^, havs been naturalized a? British subjects ly any Act of Tarhament ; And Whereas there are also in tliis Proviiu-e nuiny pcrsiniis who came from other loreipi coiintr- --,and many reduced Ollioei-s and Ll:5charjji'd Boidicr.-i ot'loreigrn corps lale in His .Majesty's service, but not being sub- jects of His .Majesty l)y birtii or naturalization ; And fVherea.s it is expedient that all saeh persons should be covfinncd and quieted in the posses.iion it' /heir Estates, Ai\ L) SHOULD HE AJ)MIT- TEO TO THE CIVIL RIGH'IS OF SUliJKCTS, with sucli exceptions as have been from tiL-i.T to time provided 1: :y Ads of tiie Legislature of this Frovjnce with r&tpect to persons having been resid.-nt in the United States ol America, or having taken the Oatii of Allegiance to their Government; And IFhereasHis E\i'ellency Sir Peregrine Alaitland, Knight Commander of the ' MosiHonotiiable Military Order of the liath, LieiUenaiitGovernorof the Province of UpperCana- l, " An Act Ito rdnCii-ii iiiiil*iLii(:l III l!i( |i(i - ■-■Oil III tlieir tMtuU«, iincl to iiilriiit to the CiVil Rig.lsof -uhjccts, :certuiii (-lujiHCii of perioiiM llieroiii uicntioiioJ." f' I , In tlio T'tle — After tlir word " Act" «'xi)nn:^fi the reninindor of tlic Title, and insert " to declurc IC^ th(i law respectinijf tli" CiVil lln(lit:< o!' certain inliul'itaiils ollliis riovmoe." [[it ProHs, 1 line 1 — After tin: wnnl •' Wlierenx" fximiif^o the remainilor ot the hiU. nnd insert "a ve- n( at i'^ ri I al M C( til la in 1( t< i •8( ai O 30 ah bl O ry hirjjf portion ol tht.' inliiibitant* of this province is coins. fwcd ol tiersoim, wl>o have come from thi' Umt'^il Sliitesof Atneritii, iiikl who wore eith<'r natural luini British Siit-iictxtfiem-'t'lves or children of niitiiriil Ijorn Ihiii-h Si it'Ji.'Ctrt. winch said pi r-'ons hiu'i". witlj the knowledge, appro- bauon, an I iM)coinii';ein(Mil, and ii iiuiiiy oa-''--, in coiiao.pn^nce ol di" mvitalioiis of His .Vbij-ihly'B GoviMiiinoiit, come into, .-ettlod, an I b.-eii i;-c('. vd i,i thin proviiii.-i', and bei^i treated and consi- dered as natnral boni l{ril:sli Sithi''els. to ail inli'iit^, con',ly, by and with the consent of the Le::;islative Council inid Assembly of the province ol" Uiuier (.'anada. constituted and awsembled by virtue of, and under i!ie authority of an Ad pass-ul in t!ie I'arliaiiKMit of Great Bi itain, enti- tled ''Am Act to reii"al certain | art* of an Act passed in the ronrleenlh year of H s Mujesty'i reifin, entitled, ''An Act lor mal.iir^' more etfecl.ial provision for iiie Government of the province of Q lebec in North America, and to make fnrtlier provision for the Government of tlie said province," and by the authority of tlv anie, that all persons who were liorn. or whose fathers, or paternal j^randl'atlicis, were horn in His Maj.'sty.- dominions «/(rf irliu hare since hem resilient in tills prw'nirr, (not willistandiii;;' they may ha'e resided in, ir been citizens of ihe United States of Americ:!, at or since tlie n'riod wl>en tiie independence of the said UnHed States wa:i recop^nized and a 'knowlediied by Uis ivliiicily's Government,) are, and shall be considered to be, and to have been to all inU nls, purj)Oses, and constr.ietionswha'soever, natural born British Subjects, am' to be, anil to ha/e b.'on, enlilleil (.lu'ij tI Id uni/ oiiidijienlion^ ivhicli Ike Legisla- ture of lliisprovinfc has from liiwlo timi ihi.us'if it ixji'dienl to impose^) to all the rii^fhts, privi- leges, and immunities of natural born liriLish Subje.ts.'" (SiGWEi)) JOHN WILSON, Speaker. Commons' House nf ^Issrmbljj, ) \4th Deriinbcr, loJii. ^ I cIj This amcndmont, or declaratory Mil, was opposed by tlic ministerial party with ^ the utmost vehoinoncc. 'I'lio Aituiiicy Cioiural, in a most impassioned tone, said *i he would sutYvr death before lie would couj^cnt to a measure that would confer jj, the rights of sul)j(M;ts on men who, but a few years ago, had " invaded nur conntrij — CI ransacked our Tillages — burnt our lionses — and murdered onr wires and children." (] The provisions of the amoiidment, thougli plain and simple in themselves, and con- ^ fined to the persons now in the colony, were misconstrued into a broad and gene- ^ ral admission to the rights of subjects of all Americans who might hereafter choose jt to come in — It was also openly asserted, in doors and out of doors, that by this de- sj claratory bill, all Americans by crossing the lines, might immediately enjoy the pri- •M vileges of the elective franchise, although it contained an express proviso subject- 1 ing all persons embraced in it to the existing laws, which reijuire seven years' re- ^j sidence, &lc. The debate was anim.ated and lasted for four days successively, wlien ij it closed with the adoption of the amendment, by a large majority. This declartitory bill, after passing the Tfouse, was sent to the Legislative Coun- ip^cil, where it was soon committed to the company of the six repeals of the 44th of P/the late king. * I "^ [ ;t) That the House of Assembly, however, acted correctly in passing this bill, and Ma that these Anglo-Americans can never, with the slightest degree of justice, and !" with ,,/ an open iolation of good faith on the part of the government, be viewed "'^ Rs ..,/ thing r-it natural born iJritish subjects, to ail intents and purposes, I rrust j'tJear clear as the stm at noon-day, to any dispassionate mind, on reading the t'i..' -wing co mmunication, which lately appeared in the Canadian freeman :-^ ■mv L lial 9 V<1, " All Act itsof -ubjccts, rt " to declare I insert " n vc- ive coiiiR Iroin lUirm-t'lvrs or wl<'i.l,iCO,«pii''<*- lllis Miij.-hty'a vicil nnd consi- ('•" what'-it [1 llif lioiuir and ipreloreex(i(di- !t : Bo it there- p coiihciit ol'the 1 iiiiil a««emhled •at Riitain.rnti- )!' H s Miijes'.y'i : of Ihe province ment of tl.o said )r wliose fathers, nre been resiflint IS of ihe United 11' ted States was be considered to iral born Bi.tish [ich the Lugisla- he rijjchts, privi- N, speaker. ial party with ned tone, said would confer o'lir country — anil chililren." Ives, and con- oad and gene- reafter choose that by this de- enjoy the pri- oviso subject- even years' re- essively, when gislative Coun- of the 44th of a this bill, and if justice, and mt, be viewed and purposes, nd, on reading n freeman .•— For the Canadian Freeman. The McssngG of ITia FiXcolUiicy, the liicutci'ant (iovcrnor, to the House of Aa- i^nmbly, presents one side of tlie case of the An^do-Atncrican inhabitants of Upper Canada. It states that the jjieater part of iheni bcciiine inhabitants of tliii* Prov- ince " with the knowlt'dyc of the (loxoiinncnt." It ini;.'ht lia\e stiifed, tliat they be- came such, not only wuh the knimletlsre, hut with the apprfbaiion, and not inert ly with thl upon the iuvilation of She (Jovernincnt. They were thus invited and cncuurofjcil by ollejs of Crown lands lo settle oil, and by actual f^nants of such huidn made to thttrn accordingly, ujion tneir becoinini,' settlers ; and tliesc lands were thus ^'ranted to thrni from t!ie ( rown, not by mistalce, or under any nii^npiirilicnsion ol' their cliaraclcr, but witli a full kiiow- ledpo that they had been rosidi-nt in the United States at and after the treaty of 1783, which is now considered the criterion of national character. A series of Acts, Lcjii-lativ*! and Executive, and indeed the whole course; of the proceedings of the Brilisii and I'roviiicial (iovcrnnientj, in respect to them, havo recognized and treated thcin as subjects, from the first setflemenf of the Provii;ce. 'J'hose Acts being appropriate to these Colonies, and liii.s IVoviriee in particular, i and noi applicable to the mother country, tiie chviiii of the Anglo-American settlers i to civil rights, and a capacity of holding land in the l^rovinces -'.aiids on dilleient I grounds from the claim of such persons t(} inherit estates in (ireat Uritain. Vet it was not until -10 years after the treaty of \~Q3, that there was any decision in West- minster Hull, that the treaty jirodiiccd the ellect of incapacitating a Critisli born subject, resitlent in the United t^tates at its date, fro"n inheriting real estate in T'lg- land. In the tnean time, there were repeated decisions to the contrary in Scotland. Those cases, however, are clearly distinguishable frcni that of the Anglo-American i inhabitants of this Province, holding lands hero. The limits of this communication will admit of no more than a bare outhne of their claim. Seven years after the treaty of separation, being one year only before the date ; of our Pr^nncial Constitution, a Staateof the British Parliament, the 30th of (ieo. 1 3d, cap. 37,' entitled "An Act for tnc.nura;j;ing new settlers in His Majesty s Colo- 'nicsand Plantations in America," was passed for the professed ; irpose of encour- aging these people, describing them as "subjects of the territories or countries be- ilonging to the U'nited States of America," to come from thence, with their families, Unto "the territorilies belonging to His Majesty in INoith America," particulariy ;mentioning " any part of the Province of Quebec," " for the purposes of residing .^nd settling there," this province being at that time a part of the Province of (iue- lljec. To encourage them thus to come and settle here, they were authorized to 6e iic^nsed to bring with them j)roperty, not exceeding fifty pounds, free of duty. — puch persons, so coming to reside and settle in the Province, were required to take the oath of allegiance, without any probationary period of residence. Ft was rot,, indeed, specified what rights they should enjoy as settlers. 'J'he very term implies |i capacity to take and hold lands for settlement, and thrre was no iuiimntion '^•f liny restriction as to civil rights. The ^Hati te was undoubtedly intended in good, faith, and not for *.he purpose of decoying them into tj«e Province, that, after ibriy !\'ears,they might be disfranchised and alienated, by ex post facto construction ; aiid It should be interpreted so as to effectuate the intent, with which it was enacted, n its effect, according lo a fiir interpretation, it was an act of naturalization of those cttlers, or recognition of them as subject.*!. So it was understood not by them only, lilt also by the Government, not only of the Province, but likewise of the Parent »tate, and not only then, but afterwards. I The next year our Constitutional Act, the 31st of Ceo. 3d, was passed, by the l|ame Parliament, under the sam'^ auspices, and upon the same principles of Colo- ial policy ; and there can be no doubt that the feim subjects, used in it, was intend- 10 preceding year. In that sense tlip^e Acts were, and have been, practised upon ; and cotemporaneous and continued practice is a good rule for the interpretation of Statutes. General Simcoe, the first Lieutenant Governor of the Province, having been a member of the British Parliament when both of the Acts were passed, and in the confidence of the ministry tliut framed them, and organized the Provincial Govern- ment under them, in pursuance of his instructions, and in prosecution of th^- liberal poiicy of the settling Act, issued a Froclaniaiion, in iiis Majesty's name, dated Feb- ruary 7, 17!)'i, and caused it to be published in all the northern parts of the United States, addressed " To such as are det^irous to settle on the lands of the Crown in U[>per Canada," inviting them to come and receive grants of these lands, upon making it appear that they were in a con.liiion to cultivate and improve them, and taking the oaths of ailrgiance, iVc. to which they were to be immediately admitted. in compliance with ihat i)ul)lic invitaiion, and wiih full confidence in the security and good faith of the I'litisli Governtnent, afler co?isuhing Counsel in and out of the i'roviiice, as to the legal eil'ect of the Acts of r30lh and 31st Geo. 3d, se\'eral thousand of such settlers, from lime to time, became inhabitants of the Province, oblairietl lands Jieve, bv grants from the Crown and purchases from grantees under the Crown, erected buudings thereon, and expended their money and their labour in ch'arintr, culiivaiing and improving their farms. They were received as subjects, and adnntied at once to the full enjoyment of all civil rights. 'i'hree years afterwards, in consequence of their having been resident in, and under allegiance to the United States, the Provincial Legislature, in 1795, thought proper to suspend, fi»r a limited time, the e.xercise of their right of eligibility ; and in J CO. they susjjended. fi)r a similar length of time, their right of suffrage. These re- ; stt-ictive Acts, to which His Lxcellency alludes, as imposing qualifications upon these inhabitants, were predicated upon their character as subjects, recognizing the existence of their civil rights, even tJiose which were thus temporarily suspended, a?ui indeed implying that wilh''_:raced a civilized nation, it would, at the same time, amount to a declaration, that the whole pioceedii'gs ef the i.riti.-h and Provincial Governments, relative to them, have been founded in ignorance and ill- faith. It would ini[)ly a censure upon the illustrious I'itt, and the other great men, who were the authors and advisers of those measurcB. it would particuiady cast reproach upon General .Simcoe, the sincere and zealous promoter of the settlement of the Province, whose name instead of being reproached, ought to be held in grate- ful remembrance. Why should the proposed Act in one clause, declare th's, " very considerable por- tion of the population of the Province," to be aliens, and, in the end, confer on them the rights of subjects 1 That would be passing sentence of condemnation on them, in order to have the satisfaction of pardoning them. It would, indeed, be kilhng them wantonly, for the sake of bringing them to hfe again. If the existing Acts of recognition or naturalization of these inhabitants be not sufliciently explicit, let one be framed, in more definite an<; explicit termn, declar- ing them to be subjects, entitled to the civil rights and capacities, which they have long possessed and now enjoy, under the quahlications already imposed by law. — Suf h a legislative declaration or acknow ledguiont may set at rest any just apprehen- sions or doubts entertained on the subject ; and it is fairly w ithin the Lieutenant Governor's recommendation and authorized oli'erof the Royal Ir'anction. His Ex- cellency has candidly expressed his persuasion that these inhaltitanls may be safely *' acknoxvhdged as snljects, Tcith no other qmiUflcaiidnn than those Xi-hivh the Legisla- ture of the Province has from time to time thought it expedient to impose. Whatever difference of opinion there may be as to the premises leading tosu 'i a conclusion, I trust every loyal and patriotic mind will concur with His Kxcellency in the con- clusion itself, that it is safe to acknowledge them as subjects, entitled to civil rights and capacities, su!)ject only to the qualii'ications now required by law. These qualifications are a residence of seven years to be capable of voting as electors or eligible as inemb(;rs of Assembly, and tlie perpetual ineligibility of those of them, who have held official situations in the United States. Although 1 feel no doubt that they are now subjects, entitled to all civil rights thus qualified ; yet, to set at rest forever all apprehensions and doubts existing in auy quarter on this delicate subject, I hope such a Bill of acknowledgment may pass both Iloiises, and receive from His Excellency the proffered Royal Assent. AXGLO-AMERICAMUS. The Speeches of Messrs. Rolph, Eidwell, Pcardsley, «Si^c. in favour of the de- claratory bill, were clear, argumentative, and convincing: but as this sketch is only intended to fill one sheet, no extracts can he given IVotnthem. All, however, was unavailing with the ministeriahsts — the amendment did not forward their favou- rite and long desired object, and it could never meet with their ajtprobation. The ministerial party, enraged by disappointment and desi^air, and finding a large majority of the House inllexiblc in their determination to support tlic rights 12 and privileges of the American emigrants to their fullest extent, immediately ral- hoc all tlicir forces, in-doora and out-of-doors, and assailed the conduct of the House from ail directions. — 'J hey were accused of declaring that to be true which \v;is untrue — that to be law, which was not law — and that too by the At- torney General unbhishingly, as well as others in the House, although he had ac- kiiowledged himself guilty of thevury iiif.onsit*tcncy of which he was accusing the supporters of the declaratory bill, by drafting a null and void bill for the Executive, and rccommcnoing it to the House for adoption. This gentleman, in the course of the discussion, .ndulged in a national abuse of the Americans so gross as to dis- gust all who heard him. The revolutionary patriot.^, the companions of the immor- tal Washington, he uniformly named as "rebels and traitors" — The Unined States' soldiers who fought in the late war, he more than once termed " mur- dercrs." The Kingston Chronicle, a paper in the pay and confidence of the government, was the first to unveil, and openly avow the original design of the ministerialists; in doing which, it re-echoed the very language and sentiments of the Attorney General in the Lower House, and, we hear, of thcKev. Dr. Strachan in the Upper House. A person supposed also to be in the pay of the government, and who had long been waiting the issue of the alien question, witli a hope that it would leave some vacant seats in the Assembly, now enraged by disappointment, could no longer conceal his real sentiments, and those of his party, and opened one com- mon battery of the most foul and unjustifiable slander and abuse alike against the lioiisc and all the Anglo-Americans in the colony, under the signature of Catharns. 'J'hi.s writer, finding all the insidious attempts of his friends in-doors to disfranchise the American emigrants, rendered abortive by the talents, the firnmess, and patri- otism of the Assembly, called aloud upon the I'lxocutive, through the columns of the Kingston demi-ofiicial Chronicle, to violate the laws of the land — to violate the faith of the government — to violate the uuiibrm practice of nearly forty years — and to turn every American out of otfice and out of Parliament. His words are as follows : — " Let all alien Americans, zn-ho no~o hold (,(ficcs vnJer the Crown, he immediately disiidssed — let none but British subjects of approved integrity be appointed to the magistracy, to the ofiice of sherift', coroner, «tc. — At a new election, let the sheriff', or retiirninir ojjircr, he instructed in their zvrits to admit mnie cs candidates or voters but natural barn syljects, or persons Ifgalhj naturalized — but if by any chance, any individual of a difi'erenl description hap.pens to be returned, let the Executive, dis- solve the Asseiitbh/." In a colony where the Speaker, nearly half the Assembly, and it is thought at least two-thirds of the people, are Anserican emigrants, such sentiments as the above, coming from a drtni-oflicial i)aj)cr, must have crerted considerable sen- sation. Mr. Kothergiil, then IJis Majesty's printer, and an independent member of the Assembly, called the attention of the House to these publications, which, ho said, were a gross libel on the Tlonsc, and were sufficient to kindle a flame of re- bellion in the eonritry, inasmuch asllicy came from a demi-ofiicid paper, notorious- ly in the pay of the government, at a critical time, when rumours were afloat that the government were about to deprive these people of their ])olilical ri/;hls — ob- serving further, that this same paper had been libelling the House of Assembly, for tlio last twelve months. I'or these observations, Mr. F. was immediately dis- missed (Vom his situation, without a moment's warning, by which act, the Executive seemerl to give an additional sanction to the writings of Catharus, who became every day more daring — being aware that his slanders wore sweet as honey to the mini, terialisls, and that the present House despised the idea of interfering with the 1 liberty of the press. \ In a few days afterwards, Ccfharns appeared again — repeated tlie above call up- on the Executive to turn out every American, and under the type of tiie warnings ately ral- ct of the be true r the At- e had ac- using the Executive, e course as to dis- ic immor- ; Uuined id " rtiwr- /ernmcnt, Jteriahsts; Attorney he Upper and who t it would ent, could ORG cotn- gainst the Cat hums. sfranchise and patri- oliunns of violate the ears — and rds arc as iimdiatehj tod to the the sheriff', i or voters anco, any utivp. dis' thought at lilts as the ruble sen- noniber of which, ho arne of re- notorious- atloat that his — ob- Assembly, liately dis- Executivo o became ncy to tlie ig with the vc call up- i warnings 13 of Cassandra, before the destruction of Troy, threatens the colony with destruo lion, by the hands of the American settlers, if his warnings be not attended to. — His abuse of the American emigrants hud now become shameful — the fol- lowing are a few samples, in which he clearly points out the original object of the ministerialists with the alien question : — " Let all alien Americans, who now hold offices under the crown, be immediate- ly dismissed, &c. »Stc. For how can we expect men born under a Republican go- vernment, and of republican education and principles, to be heartily '\ttached to any monarchical government, however excellent 1 liow, then, can we expect Ameri- can republicans to make loyal British subjects 1 &c. Can we with safety trust such men with political power ? Their conduct and their language, [alluding to the members,] proves already that we cannot." But the following sentence comes to the marrow of the question : — " This xvill bring back our representation to its constitutional state, from which it lias, either by a mistaken confidence, or a culpable oversight, been permitted to depart. — 1 know tiiese republicans well — i know their apparerit placidity, and pli- ancy, and malleabihty, and their real cunning, and deceit and stubbornness — their apparent sincerity, and ingenuousness, and their real cant and hypocrisy — and I feel myself justified, by a thorough knowledge of their character, to declare to the whole British empire, and. if you please, to the whole world, that it is dangerous in the extreme to permit any of these republicans to hold any office of political vrust or power under our government. Their whole history proves the correctness of my opinions ; and I shall not cease warning the government, until my voice is Iieard, or until my warnings share the fate of Cassandra's, who, allhough she al- ways faithfully foretold the danger, never could obtain belief, until Troy was in flames." 'I'hese sentiment, coming from a demi-official prper, at once dispelled the doubts that had existed about the original design of ministerialists, and confirmed, to all intents and purposes, the suspicions raised against them by a long chain of circumstances, but most particularly by the deception apparent on the very face of the alien bill itself No doubt now remained that the whole proceedings on the question from the commencement, had been brought on bythe ministerial party, in order to " bring back our representation to its constitutional state," as Catharv.s ob- serves, or, in other words, to deprive the American emigrants of the elective franchise. While these things were going on out-of-doors, the Legislative Council took up the question with unusual diligence and wajTnth. 'i'hey requested a free confer- ence with the House of Assembly upon it ; but the views of the two Houses ran so directly counter to each other, that nothing deiinitive could be etlected. 'J'he Legislative Council then appointed a select committee to report upon the question, and a voluminous Report, which has since been printed at the oflice of John Ca- rey, making 92 pages 8vo, and which is said to have been written by the Rev, Dr. Strachan, and revised and corrected by the Attorney General, was submitted and adopted. 'i'he whole tenor of this report goes to argue, that the American emigrants ought not to enjoy the elective franchise, and dwells largely upon the old cuckoo cry of " treason t. d rebellion." In one passage it says : — " Hence it appears to your committee impossible that your honorable house can for a momont entertain this clause, which virtually places traitors to the king's go- vernment, the destroyers nf our parents and friends during the American Revolution, upon a footing with ourselves." Now as this passage has reference to the declaratory bill, which only includes all those Americans now residing in Upper Canada, it must r.ppear evident from it, that the Legislative Council had no intention cf complying with the despatch of Earl Bathur^t, which positively includes all " such citizens of the United States, as ]4 " being heretofore settled in Canada, are declared by the judgement of the courts " of law, in lOuglauJ, and by the opinion of the law olliotis, to lie aliens," without any reference to., or exception of, tliose who may have been " traitors to the king's government," or " the duotroyers of the parents and friends" of these honorable legislative counr.illors, "during the American revolution." This idcd seciiis to be h-tiongthened oy the following passage in the same Report, in which the Legislaiivo Council distinctly adnnt that this legislature has not the power to confer the civil rights, pretended to bo conferred by the bill which was passed by them, and sent down to the Assembly for concurrence : — " It is quite evident that this legislature has not power to enact laws repugnant to the constitution conferred upon us by the 31st of the late king. In cases not provided for by tiiat law, we arc at liberty to act, but no further. In as far, there- fore, as rights nf proper! 1/ are concerned, we may pr(jceed in atlbrding ample secu- rity and protection. But, as respects civil rights, ive can do nothing, but in accor- dance witii the constitutional statute. Now by this law, no persons are capable of voting at any election for a member to serve in the House of Assembly, in either of the provinces, or of being elected at any election, who shall not be of the full age of twenty-one years, and a natural born subject of His Majesty, or a subject of His Majtsttj naturalized by Act of the British parliament, ^'C." It must appear surprising to any person possessed of common sense, how, with such sentiments, the Legislative Council could presume to pass a bill pretending to confer civil rights. Or, could any one imagine, after such an acknowledgement, that they would censure the Assembly for rejecting such a bill ! Because, if any person, who is not a natural born subject, can alone be '• naturalized by Act of the I British parliament," how could a provincial act be turned into an " act of the 1 British parliament," by a despatch from Earl Hathurst — or by the mere ipse dixit of ! the King himself] Impossible. It is therefore to be inferred, that neither the le- gal advisers of the crown, nor the Legislative Council, had any intention of con- ferring the rights of elective franchise. They are by no means backward, however, in joining in the general endeavour of the disappointed advocates of this measure, to cast unjust oditmi on the House of Assembly, as will appear from the following passages in their Report : — " The other branch of the legislature has thought fit to stand between the Royal Grace and those it was intended to benefit, and to propose measures subversive of 1 every lazv that connects society together." I Again, speaking of tiicj amendments to their alien bill, or the declaratory bill I passed by the Assembly, they say : — " These amendments attempt to sap thcfounda' tion of society, and to consider the duty of allegiance as a relict of tyranny." That these are the foulest aspersions ever thrown out by one branch of any civilized le- gislature against another, must appear evident to any unbiased person, who will take the trouble of readin<.f '^'ese amendments, inserted in this sheet. The session having now come to a close, His Excellency, in prorogueing the I parhamefit, chime? in with the general delusion of the ministerialists, and their j unjust censure of the House of Assembly, in the following passage in his speech : t " I regret that the gracious recommendation of His Majesty in behalf of certain I individuals of this province, whose civil rights are liable to question, has not been \ met in all the branches of the legi.-lature, with the feehng it might have been cx- \ pccted to call forth ; and thai its object should have been defeated in any quaric, , by I a want of confidence, so didicult to reconcile with those unvarying expressions of gratitude to a most munificent government, which I have ever witnessed with the greatest saiisfaction, from my knowledge of the paternal care and protection by which they were so abundantly deserved. I am unwiUing to entertain the belief, that any condderabh number of the people of this province can have been insensible to the kindness and protection which they have uniformly received from his Majesty's government ; and I have, therefore, entire confidence that the good sense and good ic courts without le king's onoiablo 5 Report, 8 not the lich was pugnant uses not ar, there- pi c secu- in accor- j capable in either f the lull sutijecl of low, with [•etending dgement, se, if any .id of the ict of the e dixit of ler the le- i of con- however, measure, following the Royal versive of ratory bill icfuunda- /." That vilized le- 9 will take ncing the and their speech : of certain ; not been ! been cx- uaric, , by essions of i with the lection by the belief, I insensible Majesty's ! and good 15 1 i ] feeling of those whom it was the wish of the government to relieve, will r "".dily correct any delusion which may have been exciltd." Now the " gracious recominendition" of His Majesty respecting " civil rights," has been received with feelings of gratitude l)y the Assembly, and it is further impossible that the " object" could have been defeated by thorn, or by any other " quarter," in this colony, when no " quarter" or authority hi the colony has the power either to confer on aliens the civil rights of fubjects, or to prevent the Im- perial Legislature from so doing at any time they please. Therefore the " delu- sion" is evidently on the side of His KxccUency himself, and those who have taken part with him in this legislative niockt-ry, and the rellection upon the majority of the Assembly, in the allusion that no " considerable number of the people of this province can have been insensihle to the kindness and protection, which they have uniformly received from His Majesty's government," was uncalled for, unuieritted, and disingenuous. Immediately after the prorogation of the Parliament, the advisers of His Excel- lency, knowing that their own conduct, and the inconsistency of the Executive Go- vernment, were likely to bring down upon both the heavy censure of a free press, and the disapprobation of the country at large — and with a view of backing the representations on the alien question, about to be sent home by the Executive, en- couraged His Excellency to make a tour into the new settlements, in the New- castle, Midland, and other Districts, where they thought a few loyal Addresses, might be got up, before the real state of affairs became generally known. With this view. His Excellency and suit, with all his advisers, lay and ecclesiasti- cal, put out on their journey. In the back sctllemerts, they succeeded pretty well, and by the aid of a few local office-hoidcrs and expectants, got up some of th^ most ignorant and inflammatory matter ever presented to the representative of ma- jesty in the shape of Addresses — all carefully couched, however, so as to reflect up- on the conduct of the House of Assembly, on the ahen question, with the exception of that from Mr. Robinson's late settlers. The following extract, from the Address of sundry inhabitant of the Ncwcastc District, is a good sample both ofthemattei and style of these Addresses generally : — " We have lately perceived, with feelings of honest indignation, an attempt bascj malicious, and unfounded, of rendering the government of your Excellency an object; Iiostile to the best interestsof the Province, we embrace this occasion to publicly convey to your Excellency and the country an abhorrence at tne foul attempt, anc beg most respectfully to avow that our pentiments are truly didcrent to those ex- pressed by some of the representatives of the people. We ire faithful to our Kin^ honest to our government, &c." In the Durham Address, in speaking, as it is generally understood, of the House they say : — " It is painful to advert to i\\c proceedings of a band of factions deinagoge] ■whose Acts perceptibly tend to disorganize society, to subvert Icgiliviute authority, and tt\ alienate men's minds from the constitutional gov ernment." All this inflammatory trasll was most graciously answered by His Excellency, and officially gazetted. jl In Kingston, however, they succeeded but poorly ; for, although an Address waj got up, the Herald positively asserts that in order to make up something like an ordj I nary number they had to procure the signatures of a set of apprentices and mineral The same paper asserts, that many persoTis signed the Address, without hearing )l read, who are since mortified to find that it contained a censure upon the Housll of Assembly, whose conduct they heartily ai)proved. jl Thus in disgrace, discomfiture, and disappointment, has ended, so far, eveijl attempt on the part of a set of ambitious, illiberal, and vindictive politicians4| to deprive a brave, industrious, peaceable, and loyal people of the righjl of freemen — rights, to the enjoyment of which, they have been invited bl the government — rights of which they proved themselves worthy in limes i\ 16 peril and distress — rights which they have enjoyed in uninterrupted quietude for nearly forty years. It is but justice, however, to the character of His Excellency, and of the home government, here to state, that in whatever manner they may appear to have been implix^ated in this dark and dee|) design — this unwarranted and uncalled for inter- ruption of the peace and happiness of an hitherto most peaceable and hapj^y colony, and however His Excellency may have adopted arbitrary and high-handed measures against those who have, from princij)le, fearlessly opposed his advisers — the advo- icatesof this unfortunate measure, yet public opinion acquits both His Excellency and the home government of any design against the liberty of the people, and rests the odium of such a trick upon the backs of a few deep and designing poli- iticians, who have long nestled about the Colonial Executive — and who, like the fable of the snake and the countryman, the moment they have been warmed into existence by the fruit of the toils and the industry of the American emigrant far- ers — the early pioneers of our forests — turned round upon their benefactors, and fihed upon them the deadly poison of their political malice. Want of time and means to publish more than one sheet at present compels the ditor to come to a close. But he hopes that enough has been said to convince [every unbiased and dispassionate miiid, that the Alien Question has been nothing ut a snare — a hidden trap, with which to destroy the civil rights of the Ameri- an emigrants in this colony — an apple of discord, with which first to divide the eople, and then rule them with an iron rod — and that the conduct of the House of ssembly, from the first agitation of the question, has been such as to merit the ap- irobation and gratitude of every man who loves his country. i Let then the people of Upper Canada be cool, patient, firm, and united — let em repose unUmited confidence in the wisdom and liberality of the Imperial Go- ernment — let them preserve a talented, patriotic, and independent House of As« mbly — and they have nothing to fear from the snares of their enemies. . A <*■ m ■ ' :^' ■4 ' * ■■n . ^■.^ ^ fc ,..•*;,■ #» ^ „■..; ^'^ ,V' -ii^ I